    [United States Senate Manual, 104th Congress]
    [S. Doc. 104-1]
    [USCODETITLE]
    [Pages 203-858]
    [From the U.S. Government Publishing Office, www.gpo.gov]

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                                            [200]

                ____________________________________________________________

                  GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
                                           SENATE

                           [Data collected through December 1995]

                            Extracts from the United States Code

                ____________________________________________________________

                                      SECTIONS INCLUDED

                                TITLE 1.--GENERAL PROVISIONS

                Chapter 2.--Acts and Resolutions; Formalities of Enactment;
                               Repeals; Sealing of Instruments

                                                             Senate
                 U.S. Code                                   Manual
                   Section                                   Section

                112.      Statutes at large; contents;
                              admissibility in evidence......... 201
                112b.     United States International
                              agreements, transmission to
                              Congress.......................... 201.5

                 Chapter 3.--Code of Laws of United States and Supplements;
                          District of Columbia Code and Supplements

                211.      Copies [of Code of Laws] to Members of
                              Congress.......................... 202
                212.      Additional distribution at each new
                              Congress.......................... 203

                                   TITLE 2.--THE CONGRESS

                    Chapter 1.--Election of Senators and Representatives

                1.        Time for election of Senators......... 205
                1a.       Election to be certified by governor.. 206
                1b.       Same; countersignature by secretary of
                              state............................. 207

                            Chapter 2.--Organization of Congress

                21.       Oath of Senators...................... 210
                22.       Oath of President of Senate........... 211
                23.       Presiding officer of Senate may
                              administer oaths.................. 212
                24.       Secretary of Senate or Assistant
                              Secretary of Senate may administer
                              oaths............................. 213
                27.       Change of place of meeting............ 214
                30.       Term of service of Members of Congress
                              as trustees or directors of
                              corporations or institutions
                              appropriated for.................. 215
                30a.      Jury duty exemption of elected
                              officials of the legislative
                              branch............................ 215a

                             Chapter 3.--Compensation of Members

                31.       Compensation of Members of Congress... 220

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                [31-1.    Repealed.]
                31-2.     Gifts and travel...................... 220.1
                31a-1.    Expense allowance of Majority and
                              Minority Leaders of Senate;
                              expense allowance of Majority and
                              Minority Whips; methods of
                              payment; taxability............... 220.5
                31a-2.    Representation Allowance Account for
                              the Majority and Minority Leaders. 220.6
                31a-2a.   Administrative provisions............. 220.7
                31a-2b.   Transfers among accounts.............. 220.7a
                31a-3.    Expense allowance for Chairman of
                              Majority and Minority Conference
                              Committees........................ 220.8
                32.       Compensation of President Pro Tempore
                              of Senate......................... 222
                32a.      Compensation of Deputy President pro
                              tempore of Senate................. 222.5
                32b.      Expense allowance of President Pro
                              Tempore of Senate; methods of
                              payment, taxability............... 222.6
                33.       Senators' salaries.................... 223
                36.       Salaries of appointed Senators........ 224
                36a.      Payment of sums due deceased Senators
                              and Senate personnel.............. 226
                39.       Deductions for absence................ 227
                40.       Deductions for withdrawal............. 228
                40a.      Deductions for delinquent indebtedness 229
                42a.      Air mail and special-delivery postage
                              allowances for President of the
                              Senate............................ 231
                43.       Mileage of Senators, Representatives,
                              and Delegates..................... 232
                43a.      Mileage of President of Senate........ 233
                43d.      Organizational expenses of Senator-
                              elect............................. 234
                46a.      Stationery allowance for President of
                              the Senate........................ 236
                46a-1.    Revolving fund for stationery
                              allowances; availability of
                              unexpended balances; withdrawals.. 237
                46a-3.    [Senate stationery allowances;
                              availability]..................... 237.1
                46a-4.    Provisions of section 46a-3 applicable
                              to the President of the Senate.... 237.2
                46d-1.    Long-distance telephone calls for Vice
                              President......................... 240
                47.       Mode of payment....................... 243
                48.       Certification of salary and mileage
                              accounts.......................... 244
                55.       United States Code Annotated and
                              United States Code Service;
                              procurement for Senators.......... 245
                58.       Mail, telegraph, telephone,
                              stationery, office supplies, and
                              home State office and travel
                              expenses for Senators............. 246
                   (a)  Authorization for payment from Senate
                            contingent fund......................246.1
                   (b)  Limits for authorized expenses; recalculation
                            formula..............................246.2
                   (e)  Travel expenses; limitation..............246.3
                   (g)  Closing of deceased Senator's state offic246.4

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                   (h)  Individuals serving on panels or other bodies
                            recommending nominees for Federal
                            judgeships or service academies......246.5
                   (i)  Authorization of Secretary of Senate to pay
                            reimbursable expenses................246.6
                   (j)  Advances from contingent fund of the Senate
                            for travel expenses for official business
                            trips; vouchers; settlement..........246.7
                58a.      Telecommunications services for
                              Senators; payment of costs out of
                              contingent fund................... 246.8
                58a-1.    Payment for telecommunications
                              equipment and services;
                              definitions....................... 246.8
                58a-4.    Metered charges on copiers;
                              certification of services as
                              official; deposit of payments..... 246.9
                58c.      Senators' Official Personnel and
                              Office Expense Account............ 246.10
                58c-1.    Transfer of funds by members of Senate
                              from Senate Official Mail Costs
                              account to Senator's Official
                              Personnel and Office Expense
                              Account........................... 246.11
                59.       Home State office space for Senators.. 247
                   (a)  Procurement by Sergeant at Arms of Senate in
                            places designated by Senator; places
                            subject to use, lease of office space247.1
                   (b)  Maximum amount of aggregate square feet for
                            each Senator.........................247.2
                   (c)  Maximum annual rental rate...............247.3
                   (d)  Senators subject to maximum amount of
                            aggregate square feet and maximum annual
                            rental rate..........................247.4
                   (f)   Mobile office...........................247.5
                59b.      Purchase of office equipment or
                              furnishings by Senators........... 248
                   (a)  Authorization; conditions................248.1
                   (b)  Request to by Senator and arrangement for
                            purchase by Sergeant at Arms of Senate;
                            regulations governing purchase; price248.2
                   (c)  Remittance of amounts received to General
                            Services Administration; disposition.248.3
                59e.      Official mail of persons entitled to
                              use the congressional frank....... 248.6
                59f.      Mass mailings quarterly statements of
                              Sergeant at Arms to each Senate
                              office; publication of information 248.7
                59g.      Mass mailing of information under
                              frank; quarterly registration of
                              Senators with Secretary of Senate. 248.7

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                 Chapter 4.--Officers and Employees of Senate and House of
                                       Representatives

                60-1.     Authority of officers of the Congress
                              over Congressional employees...... 249
                60-2.     Amendment to Senate conflict of
                              interest rule..................... 249.1
                60a-1.    Senate pay adjustments; action by
                              President pro tempore of Senate... 249.5
                60a-1a.   Rates of compensation disbursed by
                              Secretary of Senate; applicability
                              of Senate pay adjustments by
                              President pro tempore of Senate... 249.6
                60a-1b.   Senate pay adjustments; action by
                              President pro tempore of Senate... 249.7
                60c-1.    Officers and employees paid by
                              Secretary of the Senate; payment
                              of salary; advance payment........ 250
                [60c-2.   Repealed.]
                60c-2a.   Banking and financial transactions of
                              Secretary of Senate............... 250.7
                60c-3.    Withholding and remittance of State
                              income tax by Secretary of
                              Senate--Agreement by Secretary
                              with appropriate State official... 251
                60c-4.    Withholding of charitable
                              contributions from salaries
                              disbursed by the Secretary of the
                              Senate from employees of the
                              Architect of the Capitol.......... 251.1
                60j.      Longevity compensation................ 251.1-1
                60j-1.    Same; Capitol Police.................. 251.2
                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................... 251.3
                60j-4.    Merit compensation.................... 251.5
                61.       Limit on rate of compensation of
                              officers and employees of Senate.. 252
                61-1.     Gross rate of compensation of
                              employees paid by Secretary of
                              Senate............................ 252.1
                61-1a.    Availability of appropriated funds for
                              payment to an individual of pay
                              from more than one position;
                              conditions........................ 252.9
                61-1c.    Aggregate gross compensation of
                              employee of Senator of State with
                              population under 5,000,000........ 252.10
                61a.      Compensation of Secretary of the
                              Senate............................ 253
                61a-9.    Advancement by Secretary of the Senate
                              of travel funds to employees under
                              his jurisdiction for Federal
                              Election Campaign Act travel
                              expenses.......................... 254.8
                61a-9a.   Travel expenses of Secretary of
                              Senate; advancement of travel
                              funds to designated employees..... 254.9
                61a-11.   Certain positions abolished in the
                              Office of the Secretary of the
                              Senate; conditions................ 255
                61c-1.    Adjustment of rate of compensation by
                              Secretary of the Senate........... 255.3
                61d.      Compensation of the Chaplain of the
                              Senate............................ 256
                61d-1.    Compensation of employees of the
                              Chaplain of the Senate............ 256.1

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                61d-2.    Chaplain of the Senate; Secretary of
                              the Senate to furnish postage
                              stamps............................ 256.5
                61e.      Compensation of Sergeant at Arms and
                              Doorkeeper of the Senate.......... 257
                61e-3.    Death, resignation, or disability of
                              Sergeant at Arms and Doorkeeper of
                              the Senate; Deputy Sergeant at
                              Arms and Doorkeeper deemed acting. 257.5
                61f-1a.   Travel expenses of Sergeant at Arms
                              and Doorkeeper of the Senate...... 258
                61f-7.    Certain positions abolished in the
                              Office of the Sergeant at Arms and
                              Doorkeeper of the Senate;
                              conditions........................ 258.5
                61f-8.    Sergeant at Arms and Doorkeeper of the
                              Senate; procurement of
                              consultants; detailed agency
                              personnel......................... 259
                61g-6.    Payment of expenses of Conferences of
                              the Majority and Minority from
                              contingent fund of Senate......... 260
                61g-6a.   Transfer of funds by Chairman of
                              Majority or Minority Conference
                              from account for salaries to
                              account for expenses.............. 260a
                61g-7.    Services of consultants to Majority or
                              Minority conference committee of
                              the Senate........................ 260.1
                61g-8.    Utilization of funds for specialized
                              training of professional staff for
                              Majority and Minority Conference
                              Committee of the Senate........... 260.1a
                61h-4.    Appointment of employees by Majority
                              and Minority Leaders of Senate.... 260.2
                61h-5.    Assistants to Majority and Minority
                              Leaders for Floor Operations...... 260.3
                61h-6.    Appointment of consultants by Majority
                              Leader, Minority Leader, Secretary
                              of the Senate, and Legislative
                              Counsel of the Senate............. 260.4
                61h-7.    Chief of Staff of the Majority and
                              Minority Leaders.................. 260.4a
                61j-2.    Compensation and appointment of
                              employees by Majority and Minority
                              Whips of Senate................... 260.5
                61k.      Compensation and appointment of
                              employees by President pro tempore
                              of Senate......................... 260.6
                61l.      Administrative Assistant, Legislative
                              Assistant, and Executive Secretary
                              for Deputy President pro tempore
                              of Senate......................... 260.7
                62.       Limitation on compensation of Sergeant
                              at Arms and Doorkeeper of Senate.. 261
                63.       Duties of Senate Doorkeeper........... 262
                64.       Secretary of Senate a disbursing
                              officer........................... 263
                64-1.     Employees of Senate Disbursing Office,
                              designation by Secretary of Senate
                              to administer oaths and
                              affirmations...................... 263.1
                64-2.     Transfer of funds by Secretary of
                              Senate; approval of Committee on
                              Appropriations.................... 263.2

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                64-3.     Reimbursement for United States
                              Capitol Police salaries paid by
                              Senate for service at Federal Law
                              Enforcement Training Center....... 263.3
                64a.      Death, resignation, or disability of
                              Secretary and Assistant Secretary
                              of Senate; Financial Clerk deemed
                              successor as disbursing officer... 264
                64b.      Same; Assistant Secretary of Senate to
                              act as Secretary in all matters
                              except those of disbursing officer 265
                65a.      Insurance of office funds of Secretary
                              of the Senate and Sergeant at
                              Arms; payment of premiums......... 266
                65b.      Advances to Sergeant at Arms of the
                              Senate for extraordinary expenses. 267
                65c.      Expense allowance for the Secretary of
                              the Senate, Sergeant at Arms and
                              Doorkeeper of the Senate, and
                              Secretaries for the Majority and
                              the Minority of the Senate........ 267.1
                65d.      Office Expenses of the Sergeant at
                              Arms and Doorkeeper of the Senate:
                              advancement of funds.............. 267.2
                65f.      Funds for Secretary of the Senate to
                              assist in proper discharge within
                              United States of responsibilities
                              to foreign parlimentary groups or
                              other foreign officials........... 267.3
                66a.      Restriction on payment of dual
                              compensation by Secretary of the
                              Senate............................ 268
                67.       Clerks to Senators-elect.............. 269
                68.       Payments from contingent fund of
                              Senate............................ 270
                68-1.     Same; Designation of Committee
                              employees to approve vouchers on
                              behalf of Committee............... 270.1
                68-2.     Appropriations for contingent expenses
                              of Senate, restrictions........... 270.2
                68-3.     Same; establishment of separate
                              accounts for the Secretary of the
                              Senate and the Sergeant at Arms
                              and Doorkeeper of the Senate...... 270.3
                68-5.     Purchase, lease, exchange,
                              maintenance, and operation of
                              vehicles out of account for
                              Sergeant at Arms and Doorkeeper of
                              the Senate within the contingent
                              fund of the Senate; authorization
                              of appropriations................. 270.4
                68-6.     Transfers from appropriations accounts
                              for expenses of the Secretary of
                              the Senate and Office of the
                              Sergeant at Arms and Doorkeeper of
                              the Senate........................ 270.5
                68-6a.    Transfer of funds by Sergeant at Arms
                              and Doorkeeper of Senate
                              appropriations account within
                              contingent fund of Senate for
                              Official expenses and other
                              purposes available under
                              appropriations account............ 270.6
                68-7.     Senate Office of Public Records
                              Revolving Fund.................... 270.7
                68a.      Same; materials, supplies and fuel.... 271

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                68b.      Same; per diem and subsistence
                              expenses.......................... 272
                68c.      Same; computation of compensation for
                              stenographic assistance of
                              committees........................ 273
                69.       Same; for expenses of committees...... 274
                69a.      Orientation seminars.................. 274.5
                72a.      Committee staffs...................... 275
                   (i)  Consultants for Senate and House standing
                            committees...........................275.9
                   (j)  Specialized training for professional staffs
                            of Senate and House standing committees,
                            Majority and Minority Policy Committees,
                            and joint committees.................275.10
                Note.     Office of Classified National Security
                              Information, establishment........ 276
                72a-1e.   Assistance to Senators with committee
                              memberships by employees in office
                              of Senator........................ 277
                72a-1g.   Referral of ethics violations by the
                              Senate Ethics Committee to the
                              General Accounting Office for
                              investigation..................... 278
                74b.      Employment of additional
                              administrative assistants......... 280
                88a.      Education of Congressional and Supreme
                              Court pages; appropriations;
                              attendance at private or parochial
                              schools........................... 281
                88b.      Same; other minors who are
                              congressional employees........... 282
                88b-1.    Congressional pages--Appointment
                              conditions........................ 283
                88b-7.    Daniel Webster Senate Page Residence
                              revolving fund.................... 284
                101.      Subletting duties of employees of
                              Senate or House of Representatives 285
                102a.     Withdrawal of unexpended balances of
                              appropriations.................... 287
                104a.     Semiannual statements of expenditures
                              of Secretary of Senate and Clerk
                              of House of Representatives....... 288
                105.      Preparation and contents of statement
                              of appropriations................. 290
                106.      Stationery for Senate and House of
                              Representatives; advertisements
                              for............................... 291
                107.      Same; opening bids; awarding contracts 292
                108.      Same; contracts for separate parts of
                              stationery........................ 293
                109.      American goods to be preferred in
                              purchases for Senate and House of
                              Representatives................... 294
                110.      Purchase of paper, envelopes, etc.,
                              for stationery rooms of Senate and
                              House of Representatives.......... 295
                111.      Purchase of supplies for Senate and
                              House of Representatives.......... 296
                111a.     Receipts from sales of items by
                              Sergeant at Arms and Doorkeeper of
                              the Senate, to Senators, etc. to
                              be credited to appropriation from
                              which purchased................... 296.1

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                112.      Purchases of stationery and materials
                              for folding....................... 297
                113.      Detailed reports of receipts and
                              expenditures by Secretary of
                              Senate and Clerk of House of
                              Representatives................... 298
                114.      Fees for copies from Senate and House
                              Journals.......................... 299
                117.      Sale of waste paper and condemned
                              furniture......................... 300
                117b.     Disposal of used or surplus furniture
                              and equipment..................... 300
                117b-1.   Receipts from sale of used or surplus
                              furniture and furnishings of
                              Senate............................ 300
                118.      Actions against officers for official
                              acts.............................. 301
                118a.     Officers of Senate.................... 301.5
                119.      Stationery rooms of House and Senate;
                              specifications of classes of
                              articles purchasable.............. 302
                119a.     Change of name of Senate Folding Room
                              to Senate Service Department...... 303
                121.      Surcharge on orders in Senate
                              restaurant for deficit fund....... 304
                121a.     Senate Barber and Beauty Shops
                              Revolving Fund.................... 304.5
                121b.     Senate Beauty Shop.................... 304.6
                121c.     Office of Senate Health Promotion..... 304.7
                121d.     Senate Gift Shop...................... 304.8
                121e.     Payment of fees for services of
                              attending physician and for use of
                              Senate health and fitness
                              facilities........................ 304.9
                123b.     House Recording Studio; Senate
                              Recording Studio and Senate
                              Photographic Studio............... 305
                123b-1.   Senate Recording Studio and Senate
                              Photographic Studio as successors
                              to Senate Recording and
                              Photographic Studios; rules,
                              regulations, and fees for
                              photographs and photographic
                              services.......................... 305.17
                123c.     Data processing equipment, software,
                              and services...................... 305.20
                123c-1.   Computer programing services, advance
                              payments.......................... 305.20-1
                123d.     Senate Computer Center................ 305.21
                125a.     Death gratuity payments as gifts...... 306
                126-2.    Official reporters; designation....... 307.1
                126b.     Same; emergency reporters and
                              transcribers; payment from
                              contingent fund................... 307.2
                130a.     Nonpay status for Congressional
                              employees studying under
                              Congressional staff fellowships... 310
                130b.     Jury and witness service by employees
                              of the Senate and the House....... 311
                130c.     Waiver by Secretary of the Senate of
                              claims of the United States
                              arising out of erroneous payments
                              to Vice President, Senator, or
                              Senate employee whose pay is
                              disbursed by the Secretary of the
                              Senate............................ 312
                130e.     Special Services Office............... 313

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                               Chapter 5.--Library of Congress

                131.      Collections composing Library;
                              location.......................... 315
                132.      Departments of Library................ 316
                132a.     Appropriations for increase of general
                              library........................... 317
                132b.     Joint Committee on the Library........ 318
                133.      Joint Committee during recess of
                              Congress.......................... 319
                136.      Librarian of Congress; appointment;
                              rules and regulations............. 320
                136a.     Librarian of Congress; compensation... 320.1
                136a-1.   Deputy Librarian of Congress;
                              compensation...................... 320.2
                137a.     Persons specially privileged to use
                              Library........................... 321
                138.      Law library open, when................ 322
                139.      Report of Librarian of Congress....... 323
                142j.     John C. Stennis Center for Public
                              Service Training and Development.. 323.5
                145.      Copies of Journals and Documents...... 324
                145a.     Periodical binding of printed hearings
                              of committee testimony............ 325
                146.      Deposit of Journals of Senate and
                              House............................. 326
                154.      Library of Congress Trust Fund Board;
                              members; quorum; seal; rules and
                              regulations....................... 327
                156.      Same; gifts, etc., to................. 328
                157.      Same; trust funds; management of...... 329
                158.      Same; deposits with Treasurer of
                              United States..................... 330
                158a.     Temporary possession of gifts of money
                              or securities to Library of
                              Congress; investment.............. 330.1
                159.      Same; perpetual succession; suits by
                              or against........................ 331
                160.      Same; gifts, etc., to Library not
                              affected.......................... 332
                161.      Same; gifts, etc., exempt from Federal
                              taxes............................. 333
                166.      Congressional Research Service........ 334

                     Chapter 6.--Congressional and Committee Procedure:
                                       Investigations

                191.      Oaths to witnesses.................... 348
                192.      Refusal of witness to testify......... 349
                193.      Privilege of witnesses................ 350
                194.      Witnesses failing to testify or
                              produce records................... 351
                194a.     Request by Congressional committees to
                              Presidential appointees to Federal
                              departments, agencies, etc.,
                              concerned with foreign countries
                              or multilateral organizations for
                              expression of views and opinions.. 351.5
                194b.     Competitiveness impact statement...... 351.6
                195a.     Restriction on payment of witness fees
                              or travel and subsistence expenses
                              to persons subpenaed by
                              Congressional committees.......... 352
                195b.     Fees for witnesses requested to appear
                              before Majority Policy Committee
                              or Minority Policy Committee...... 352.5
                196.      Senate resolutions for investigations;
                              limit of cost..................... 353
                198.      Adjournment........................... 354

    [[Page 212]]

                     [Provisions of Chapter 8A, Regulation of Lobbying,
                                 Transferred to Chapter 26.]

                          Chapter 9.--Office of Legislative Counsel

                271.      Creation of office.................... 390
                272.      Appointment of Legislative Counsel;
                              qualifications.................... 391
                273.      Compensation of Legislative Counsel... 392
                274.      Assistant Legislative Counsel; clerks
                              and employees; office equipment
                              and supplies...................... 393
                275.      Duties of office; rules and
                              regulations....................... 394
                276.      Disbursement of appropriations........ 395
                276a.     Same; office expenses................. 395.1
                276b.     Same; travel expenses................. 395.2

                         Chapter 9D.--Office of Senate Legal Counsel

                288.      Office of Senate Legal Counsel........ 396
                   (a)  Establishment; appointment of Counsel and
                            Deputy Counsel; Senate approval;
                            reappointment; compensation..........396.1
                   (b)  Assistant counsels and other personnel;
                            compensation; appointment; removal...396.2
                   (c)  Consultants..............................396.3
                   (d)  Policies and procedures..................396.4
                   (e)  Delegation of duties.....................396.5
                   (f)  Attorney-client relationship.............396.6
                288a.     Senate Joint Leadership Group......... 396.7
                   (a)  Accountability of office.................396.7-1
                   (b)  Membership...............................396.7-2
                   (c)  Assistance of Secretary of Senate........396.7-3
                288b.     Requirements for authorizing
                              representation activity........... 396.8
                   (a)  Direction of Joint Leadership Group or Senate
                            resolution...........................396.8-1
                   (b)  Civil action to enforce subpena..........396.8-2
                   (c)  Intervention or appearance...............396.8-3
                   (d)  Immunity proceedings.....................396.8-4
                   (e)  Resolution recommendations...............8396.8-5
                288c.     Defending the Senate, committee,
                              subcommittee, member, officer, or
                              employee of the Senate............ 396.9
                288d.     Enforcement of Senate subpena or order 396.10
                   (a)  Institution of civil actions.............396.10-1
                   (b)  Actions in name of committees and
                            subcommittees........................396.10-2
                   (c)  Consideration of resolutions authorizing
                            actions..............................396.10-3
                   (d)  Rules of Senate..........................396.10-4
                   (e)  Committee reports........................396.10-5
                   (f)  Certification of failure to testify; cont396.10-6

    [[Page 213]]

                288e.     Intervention or appearance............ 396.11
                   (a)  Actions or proceedings...................396.11-1
                   (b)  Notification; publication................396.11-2
                   (c)  Powers and responsibilities of Congress..396.11-3
                288f.     Immunity proceedings.................. 396.12
                288g.     Advisory and other functions.......... 396.13
                   (a)  Cooperation with persons, committees,
                            subcommittees, and offices...........396.13-1
                   (b)  Legal research files.....................396.13-2
                   (c)  Miscellaneous duties.....................396.13-3
                288h.     Defense of certain constitutional
                              powers............................ 396.14
                288i.     Representation conflict or
                              inconsistency..................... 396.15
                   (a)  Notification.............................396.15-1
                   (b)  Solution; publication in Congressional
                            Record; review.......................396.15-2
                   (c)  Computation of period following publicati396.15-3
                   (d)  Reimbursement............................396.15-4
                288j.     Consideration of resolutions to direct
                              counsel........................... 396.16
                   (a)  Procedure; rules.........................396.16-1
                   (b)  Definition...............................396.16-2
                   (c)  Rules of the Senate......................396.16-3
                288k.     Attorney General relieved of
                              responsibility.................... 396.17
                288l.     Procedural provisions................. 396.18
                   (a)  Intervention or appearance...............396.18-1
                   (b)  Compliance with admission requirements...396.18-2
                   (c)  Standing to sue; jurisdiction............396.18-3
                288m.     Contingent fund....................... 396.19

                  Chapter 11.--Citizens' Commission on Public Service and
                                        Compensation

                351.      Citizens' Commission on Public Service
                              and Compensation.................. 398
                352.      Membership............................ 398.1
                353.      Executive Director; additional
                              personnel; detail of personnel of
                              other agencies.................... 398.2
                354.      Use of United States mails by
                              Commission........................ 398.3
                355.      Administrative support services....... 398.4
                356.      Functions of Commission............... 398.5
                357.      Report by Commission to the President
                              with respect to pay............... 398.6
                358.      Recommendations of the President with
                              respect to pay.................... 398.7
                359.      Effective date of recommendations of
                              the President..................... 398.8
                360.      Effect of Presidential recommendations
                              on existing law and prior
                              recommendations................... 398.9
                361.      Publication of recommendations........ 398.10
                362.      Requirements applicable to
                              recommendations................... 398.11
                363.      Additional function................... 398.12

    [[Page 214]]

                364.      Provision relating to certain other
                              pay adjustments................... 398.13

                  Chapter 13.--Joint Committee on Congressional Operations

                           Chapter 14.--Federal Election Campaigns

                     subchapter i.--disclosure of federal campaign funds

                431.      Definitions........................... 399.8
                432.      Organization of political committees.. 399.9
                433.      Registration of political committees.. 399.10
                434.      Reporting requirements................ 399.11
                437.      Reports on convention financing....... 399.14
                437c.     Federal Election Commission........... 399.14-3
                437d.     Powers of Commission.................. 399.14-4
                437f.     Advisory opinions..................... 399.14-6
                437g.     Enforcement........................... 399.14-7
                437h.     Judicial review....................... 399.14-8
                438.      Administrative Provisions............. 399.15
                439.      Statements filed with State officers;
                              ``appropriate State'' defined;
                              duties of State offices........... 399.16
                439a.     Use of contributed amounts for certain
                              purposes.......................... 399.16-1
                439c.     Authorization of appropriations....... 399.16-3
                441a.     Limitation on contributions and
                              expenditures...................... 399.17
                441b.     Contributions or expenditures by
                              national banks, corporations, or
                              labor organizations............... 399.17-1
                441c.     Contributions by government
                              contractors....................... 399.17-2
                441d.     Publication and distribution of
                              statements and solicitations;
                              charge for newspaper or magazine
                              space............................. 399.17-3
                441e.     Contributions by foreign nationals.... 399.17-4
                441f.     Contributions in name of another
                              prohibited........................ 399.17-5
                441g.     Limitation on contribution of currency 399.17-6
                441h.     Fraudulent misrepresentation of
                              campaign authority................ 399.17-7
                442.      Authority to procure technical support
                              and other services and incur
                              travel expenses; payment of such
                              expenses.......................... 399.19

                             subchapter ii.--general provisions

                451.      Extension of credit by regulated
                              industries; regulations........... 399.20
                452.      Prohibition against use of certain
                              Federal funds for election
                              activities; definitions........... 399.21
                453.      State laws affected................... 399.22
                454.      Partial invalidity.................... 399.23
                455.      Period of limitations................. 399.23-1

                        Chapter 15.--Office of Technology Assessment

                471.      Congressional findings and declaration
                              of purpose........................ 399.24
                472.      Office of Technology Assessment....... 399.25
                473.      Technology Assessment Board........... 399.26
                474.      Director of Office of Technology
                              Assessment........................ 399.27
                475.      Powers of Office of Technology
                              Assessment........................ 399.28

    [[Page 215]]

                476.      Technology Assessment Advisory Council 399.29
                477.      Utilization of services of Library of
                              Congress.......................... 399.30
                478.      Utilization of services of General
                              Accounting Office................. 399.31
                479.      Coordination of activities with
                              National Science Foundation....... 399.32.
                480.      Annual report to Congress............. 399.33
                481.      Authorization of appropriations;
                              availability of appropriations.... 399.34

                      Chapter 16.--Congressional Standards and Conduct

                502.      Select Committee on Standards and
                              Conduct of the Senate............. 399.35

                          Chapter 17.--Congressional Budget Office

                601.      Establishment......................... 399.36
                602.      Duties and Functions.................. 399.37
                603.      Public access to budget data.......... 399.38
                605.      Sale or lease of property, supplies,
                              or services....................... 399.38a

                  Chapter 17A.--Congressional Budget and Fiscal Operations

                621.      Congressional declaration of purpose.. 399.39-1
                622.      Definitions........................... 399.39-2
                623.      Continuing study of additional budget
                              reform proposals.................. 399.39-3

                         subchapter i.--congressional budget process

                631.      Timetable............................. 399.39-4
                632.      Annual adoption of concurrent
                              resolution on the budget.......... 399.39-5
                633.      Committee allocations................. 399.39-6
                634.      Adoption of first concurrent
                              resolution on budget prior to
                              consideration of legislation
                              providing new budget authority,
                              new spending authority, new credit
                              authority, or changes in revenues
                              or public debt limit.............. 399.39-7
                635.      Permissible revisions of concurrent
                              resolutions on the budget......... 399.39-8
                636.      Consideration of concurrent
                              resolutions on budget............. 399.39-9
                637.      Legislation dealing with Congressional
                              budget must be handled by Budget
                              Committees........................ 399.39-10
                638.      House committee action on all
                              appropriation bills to be
                              completed by June 10.............. 399.39-11
                639.      Reports, summaries, and projections of
                              Congressional budget actions...... 399.39-12
                640.      House approval of regular
                              appropriation bills............... 399.39-13
                641.      Reconciliation........................ 399.39-14
                642.      New budget authority, new spending
                              authority, and revenue legislation
                              to be within appropriate levels... 399.39-15
                643.      Effects of points of order............ 399.39-15a
                644.      Extraneous matter in reconciliation
                              legislation....................... 399.39-15b

    [[Page 216]]

                              subchapter ii.--fiscal procedures

                                 Part A.--General Provisions

                651.      Bills providing new spending authority 399.39-16
                652.      Legislation providing new credit
                              authority......................... 399.39-17
                653.      Analysis by Congressional Budget
                              Office............................ 399.39-18
                654.      Study by General Accounting Office of
                              forms of Federal financial
                              commitment not reviewed annually
                              by Congress....................... 399.39-19
                655.      Off-budget agencies, programs, and
                              activities........................ 399.39-20
                656.      Member user group..................... 399.39-20a

                                  Part B.--Federal Mandates

                658.      Definitions........................... 399.39-21
                658a.     Exclusions............................ 399.39-21a
                658b.     Duties of congressional committees.... 399.39-21b
                658c.     Duties of the Director; statements on
                              bills and joint resolutions other
                              than appropriations bills and
                              joint resolutions................. 399.39-21c
                658d.     Legislation subject to point of order. 399.39-21d
                658e.     Provisions relating to the House of
                              Representatives................... 399.39-21e
                658f.     Requests to the Congressional Budget
                              Office from Senators.............. 399.39-21f
                658g.     Clarification of application.......... 399.39-21g

                               subchapter iii.--credit reform

                661.      Purposes.............................. 399.39-22
                661a.     Definitions........................... 399.39-22a
                661b.     OMB and CBO analysis, coordination,
                              and review........................ 399.39-22b
                661c.     Budgetary treatment................... 399.39-22c
                661d.     Authorizations........................ 399.39-22d

                   subchapter iv.--budget agreement enforcement provisions

                665.      Definitions and point of order........ 399.39-23
                665a.     Committee allocations and enforcement. 399.39-23a
                665b.     Consideration of legislation before
                              adoption of budget resolution for
                              that fiscal year.................. 399.39-23b
                665c.     Reconciliation directives regarding
                              pay-as-you-go requirements........ 399.39-23c
                665d.     Application of section 642 of this
                              title; point of order............. 399.39-23d
                665e.     5-Year budget resolutions; budget
                              resolutions must conform to
                              Balanced Budget and Emergency
                              Deficit Control Act of 1985....... 399.39-23e

                              Chapter 17B.--Impoundment Control

                681.      Disclaimer............................ 399.39-24
                682.      Definitions........................... 399.39-24a
                683.      Rescission of budget authority........ 399.39-24b
                684.      Proposed deferrals of budget authority 399.39-25
                685.      Transmission of messages; publication. 399.39-26
                686.      Reports by Comptroller General........ 399.39-27

    [[Page 217]]

                687.      Suits by Comptroller General.......... 399.39-28
                688.      Procedure in House of Representatives
                              and Senate........................ 399.39-29
                          Exercise of rulemaking powers; waivers
                              and suspensions in the Senate..... 399.39-30
                          Extraneous provisions in
                              reconciliation bills and
                              resolutions....................... 399.39-15b
                          Referral of matters dealing with
                              rescissions and deferrals......... 399.39-32
                          Joint referral of legislation
                              affecting the budget process...... 399.39-33

                    Chapter 17C.-- Line Item Veto. See Addendum, p. 1163.

                  [Provisions of Chapter 18 transferred to Title V App 6.]

                 Chapter 20.--Emergency Powers to Eliminate Budget Deficits

                 subchapter i--elimination of deficits in excess of maximum
                                       deficit amount

                900.      Statement of budget enforcement
                              through sequestration............. 399.40
                901       Enforcing discretionary spending
                              limits............................ 399.41
                902.      Enforcing pay-as-you-go............... 399.42
                903.      Enforcing deficit targets............. 399.43
                904.      Reports and orders.................... 399.44
                905.      Exempt programs and activities........ 399.45
                906.      Exceptions, limitations, and special
                              rules............................. 399.46
                907.      The baseline.......................... 399.47
                907a.     Suspension in the event of war or low
                              growth............................ 399.47a
                907b.     Modification of presidential order.... 399.47b
                907c.     Flexibility among defense programs,
                              projects, and activities.......... 399.47c
                907d.     Special reconciliation process........ 399.47d
                908.      Modification of presidential order.... 399.48

                   Subtitle B--John C. Stennis Center for Public Service
                                  Training and Development

                1101.     Congressional findings................ 399.50
                1102.     Definitions........................... 399.51
                1103.     Establishment of the John C. Stennis
                              Center for Public Service Training
                              and Development................... 399.52
                1104.     Purposes and authority of the Center.. 399.53
                1105.     John C. Stennis Center for Public
                              Service Development Trust Fund.... 399.54
                1106.     Expenditures and audit of Trust Fund.. 399.55
                1107.     Executive Director of Center.......... 399.56
                1108.     Administrative provisions............. 399.57
                1109.     Authorization for appropriations...... 399.58
                1110.     Appropriations........................ 399.59

                           Chapter 23.--Government Employee Rights

                1201.     Purpose and definitions............... 399.60
                1202.     Discriminatory practices prohibited... 399.61
                1219.     Coverage of Presidential appointees... 399.62
                1220      Coverage of previously exempt State
                              employees......................... 399.63

    [[Page 218]]

                          Chapter 24.--Congressional Accountability

                                   subchapter i.--general

                1301.     Definitions........................... 399.70-1
                1302.     Application of laws................... 399.70-2

                     subchapter ii.--extension of rights and protections

                   Part A.--Employment Discrimination, Family and Medical
                Leave, Fair Labor Standards, Employee Polygraph Protection,
                      Worker Adjustment and Retraining, Employment and
                         Reemployment of Veterans, and Intimidation

                1311.     Rights and protections under title VII
                              of the Civil Rights Act of 1964,
                              the Age Discrimination in
                              Employment Act of 1967, the
                              Rehabilitation Act of 1973, and
                              title I of the Americans with
                              Disabilities Act of 1990.......... 399.71-1
                1312.     Rights and protections under the
                              Family and Medical Leave Act of
                              1993.............................. 399.71-2
                1313.     Rights and protections under the Fair
                              Labor Standards Act of 1938....... 399.71-3
                1314.     Rights and protections under the
                              Employee Polygraph Protection Act
                              of 1988........................... 399.71-4
                1315.     Rights and protections under the
                              Worker Adjustment and Retraining
                              Notification Act.................. 399.71-5
                1316.     Rights and protections relating to
                              veterans' employment and
                              reemployment...................... 399.71-6
                1317.     Prohibition of intimidation or
                              reprisal.......................... 399.71-7

                   Part B.--Public Services and Accommodations Under the
                           Americans With Disabilities Act of 1990

                1331.     Rights and protections under the
                              Americans with Disabilities Act of
                              1990 relating to public services
                              and accommodations; procedures for
                              remedy of violations.............. 399.72-1

                     Part C.--Occupational Safety and Health Act of 1970

                1341.     Rights and protections under the
                              Occupational Safety and Health Act
                              of 1970; procedures for remedy of
                              violations........................ 399.73-1

                             Part D.--Labor-Management Relations

                1351.     Application of chapter 71 of title 5,
                              United States Code, relating to
                              Federal service labor-management
                              relations; procedures for remedy
                              of violations..................... 399.74-1

                                      Part E.--General

                1361.     Generally applicable remedies and
                              limitations....................... 399.75-1

                                       Part F.--Study

                1371.     Study and recommendations regarding
                              General Accounting Office,
                              Government Printing Office, and
                              Library of Congress............... 399.76-1

    [[Page 219]]

                            subchapter iii.--office of compliance

                1381.     Establishment of Office of Compliance. 399.77-1
                1382.     Officers, staff, and other personnel.. 399.77-2
                1383.     Procedural rules...................... 399.77-3
                1384.     Substantive regulations............... 399.77-4
                1385.     Expenses.............................. 399.77-5

                    subchapter iv.--administrative and judicial dispute-
                                    resolution procedures

                1401.     Procedure for consideration of alleged
                              violations........................ 399.78-1
                1402.     Counseling............................ 399.78-2
                1403.     Mediation............................. 399.78-3
                1404.     Election of proceeding................ 399.78-4
                1405.     Complaint and hearing................. 399.78-5
                1406.     Appeal to the Board................... 399.78-6
                1407.     Judicial review of Board decisions and
                              enforcement....................... 399.78-7
                1408.     Civil action.......................... 399.78-8
                1409.     Judicial review of regulations........ 399.78-9
                1410.     Other judicial review prohibited...... 399.78-10
                1411.     Effect of failure to issue regulations 399.78-11
                1412.     Expedited review of certain appeals... 399.78-12
                1413.     Privileges and immunities............. 399.78-13
                1414.     Settlement of complaints.............. 399.78-14
                1415.     Payments.............................. 399.78-15
                1416.     Confidentiality....................... 399.78-16

                           subchapter v.--miscellaneous provisions

                1431.     Exercise of rulemaking powers......... 399.79-1
                1432.     Political affiliation and place of
                              residence......................... 399.79-2
                1433.     Nondiscrimination rules of the House
                              and Senate........................ 399.79-3
                1434.     Judicial branch coverage study........ 399.79-4
                1435.     Savings provisions.................... 399.79-5
                1436.     Use of frequent flyer miles........... 399.79-6
                1437.     Sense of Senate regarding adoption of
                              simplified and streamlined
                              acquisition procedures for Senate
                              acquisitions...................... 399.79-7
                1438.     Severability.......................... 399.79-8

                            Chapter 25.--Unfunded Mandates Reform

                1501.     Purposes.............................. 399.80-1
                1502.     Definitions........................... 399.80-2
                1503.     Exclusions............................ 399.80-3
                1504.     Agency assistance..................... 399.80-4

                    subchapter i.--legislative accountability and reform

                1511.     Cost of regulations................... 399.81-1
                1512.     Consideration for Federal funding..... 399.81-2
                1513.     Impact on local governments........... 399.81-3
                1514.     Enforcement in the House of
                              Representatives................... 399.81-4
                1515.     Exercise of rulemaking powers......... 399.81-5
                1516.     Authorization of appropriations....... 399.81-6

    [[Page 220]]

                    subchapter ii.--regulatory accountability and reform

                1531.     Regulatory process.................... 399.83-1
                1532.     Statements to accompany significant
                              regulatory actions................ 399.83-2
                1533.     Small government agency plan.......... 399.83-3
                1534.     State, local, and tribal government
                              input............................. 399.83-4
                1535.     Least burdensome option or explanation
                              required.......................... 399.83-5
                1536.     Assistance to the Congressional Budget
                              Office............................ 399.83-6
                1537.     Pilot program on small government
                              flexibility....................... 399.83-7
                1538.     Annual statements to Congress on
                              agency compliance................. 399.83-8

                         subchapter iii.--review of federal mandates

                1551.     Baseline study of costs and benefits.. 399.85-1
                1552.     Report on Federal mandates by Advisory
                              Commission on Intergovernmental
                              Relations......................... 399.85-2
                1553.     Special authorities of Advisory
                              Commission........................ 399.85-3
                1554.     Annual report to Congress regarding
                              Federal court rulings............. 399.85-4
                1555.     Definitions........................... 399.85-5
                1556.     Authorization of appropriations....... 399.85-6

                               subchapter iv.--judicial review

                1571.     Judicial review....................... 399.87-1

                       Chapter 26.--Disclosure of Lobbying Activities

                1601.     Findings.............................. 399.90-1
                1602.     Definitions........................... 399.90-2
                1603.     Registration of lobbyists............. 399.90-3
                1604.     Reports by registered lobbyists....... 399.90-4
                1605.     Disclosure and enforcement............ 399.90-5
                1606.     Penalties............................. 399.90-6
                1607.     Rules of construction................. 399.90-7
                1608.     Severability.......................... 399.90-8
                1609.     Identification of clients and covered
                              officials......................... 399.90-9
                1610.     Estimates based on tax reporting
                              system............................ 399.90-10
                1611.     Exempt organizations.................. 399.90-11
                1612.     Sense of the Senate that lobbying
                              expenses should remain
                              nondeductible..................... 399.90-12

                                   TITLE 3.--THE PRESIDENT

                      Chapter 1.--Presidential Elections and Vacancies

                1.        Time of appointing electors........... 400
                2.        Failure to make choice on prescribed
                              day............................... 401
                3.        Number of electors.................... 402
                4.        Vacancies in electoral college........ 403
                5.        Determination of controversy as to
                              appointment of electors........... 404
                6.        Credentials of electors; transmission
                              to Archivist of the United States
                              and to Congress; public inspection 405
                7.        Meeting and vote of electors.......... 406

    [[Page 221]]

                8.        Manner of voting...................... 407
                9.        Certificates of votes for President
                              and Vice President................ 408
                10.       Sealing and endorsing certificates.... 409
                11.       Disposition of certificates........... 410
                12.       Failure of certificates of electors to
                              reach President of Senate or
                              Archivist of the United States;
                              demand on State for certificate... 411
                13.       Same; demand on district judge for
                              certificate....................... 412
                14.       Forfeiture for messenger's neglect of
                              duty.............................. 413
                15.       Counting electoral votes in Congress.. 414
                16.       Same; seats for officers and Members
                              of two Houses in joint meeting.... 415
                17.       Same; limit of debate in each House... 416
                18.       Same; parliamentary procedure at joint
                              meeting........................... 417
                19.       Vacancy in offices of both President
                              and Vice President; officers
                              eligible to act................... 418
                20.       Resignation or refusal of office...... 419
                21.       Definitions........................... 419.1

                      Chapter 2.--Office and Compensation of President

                101.      Commencement of term of office........ 420
                104.      Salary of the Vice President.......... 421
                111.      Expense allowance of Vice President... 422

                 TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

                                   Chapter 4.--The States

                113.      Residence of Members of Congress for
                              State income tax laws............. 425

                       TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES

                    Chapter 29.--Commissions, Oaths, Records, and Reports

                       subchapter i.--commissions, oaths, and records

                2905.     Oath; renewal......................... 430

                                   subchapter ii.--reports

                2954.     Information to Committees of Congress
                              on request........................ 431

                            Chapter 31.--Authority For Employment

                3110.     Employment of relatives; restrictions. 431.1

                     Chapter 33.--Examination, Selection, and Placement

                 subchapter i.--examination, certification, and appointment

                3304.     Competitive service; examinations..... 431.5

                               subchapter ii.--oath of office

                3333.     Employee affidavit; loyalty and
                              striking against the Government... 432

    [[Page 222]]

                               Chapter 55.--Pay Administration

                              subchapter i.--general provisions

                5503.     Recess appointments................... 433
                5531.     Definitions........................... 433.1
                5532.     Employment of retired members of the
                              uniformed services; reduction in
                              retired or retainer pay........... 433.2
                5533.     Dual pay from more than one position;
                              limitations; exceptions........... 433.3

                    Chapter 57.--Travel, Transportation, and Subsistence

                5702.     Per diem; employee traveling on
                              official business................. 433.4
                5704.     Mileage and related allowances........ 433.5
                5706.     Allowable travel expense.............. 433.6
                5708.     Effect on other statutes.............. 433.7
                5742.     Transportation of remains, dependents,
                              and effects; death occurring away
                              from official station or abroad... 433.8

                       Chapter 73.--Suitability, Security, and Conduct

                       subchapter ii.--loyalty, security, and striking

                7311.     Loyalty and striking.................. 434

                        subchapter iv.--foreign gifts and decorations

                7342.     Receipt and disposition of foreign
                              gifts and decorations............. 434.5

                         Chapter 81.--Compensation For Work Injuries

                           (Not included. See 5 U.S.C. 8101-8151.)

                                   Chapter 83.--Retirement

                           (Not included. See 5 U.S.C. 8331-8351.)

                                 Chapter 87.--Life Insurance

                           (Not included. See 5 U.S.C. 8701-8716.)

                                Chapter 89.--Health Insurance

                           (Not included. See 5 U.S.C. 8901-8914.)

                                         Appendix 2

                ......    Federal Advisory Committee Act........ 438

                  (Appears in title 5, United States Code, as appendix 2.)

                 APPENDIX 6.--Financial Disclosure Requirements of Federal
                                          Personnel

                101.      Persons required to file.............. 439.1
                102.      Contents of reports................... 439.2
                103.      Filing of reports..................... 439.3
                104.      Failure to file or filing false
                              reports........................... 439.4
                105.      Custody of and public access to
                              reports........................... 439.5
                106.      Review of reports..................... 439.6

    [[Page 223]]

                107.      Confidential reports and other
                              additional requirements........... 439.7
                108.      Authority of Comptroller General...... 439.8
                109.      Definitions........................... 439.9
                110.      Notice of actions taken to comply with
                              ethics agreements................. 439.10
                111.      Administration of provisions.......... 439.11

                 APPENDIX 7.--Governmentwide Limitations on Outside Earned
                                    Income and Employment

                501.      Outside earned income limitation...... 440.1
                502.      Limitations on outside employment..... 440.2
                503.      Administration........................ 440.3
                504.      Civil Penalties....................... 440.4
                505.      Definitions........................... 440.5

                                   TITLE 10.--ARMED FORCES

                              Chapter 2.--Department of Defense

                114.      Annual authorization of appropriations 441
                115.      Personnel strengths: requirement for
                              annual authorization.............. 441.1
                115a.     Annual manpower requirements report... 441.1a
                116.      Annual operations and maintenance
                              report............................ 441.2
                119.      Special access programs: congressional
                              oversight......................... 441.2a

                             Chapter 9.--Defense Budget Matters

                221.      Future-years defense program:
                              submission to Congress;
                              consistency in budgeting.......... 441.2b
                222.      Future-years mission budget........... 441.2c
                226.      Scoring of outlays: annual OMB/CBO
                              report to Congress................ 441.2d

                        Chapter 403.--United States Military Academy

                4342.      Cadets: appointment; numbers,
                              territorial distribution.......... 441.5
                4355.     Board of Visitors..................... 442

                          Chapter 603.--United States Naval Academy

                6954.     Midshipmen: number.................... 442.5
                6956.     Midshipmen: nomination and selection
                              to fill vacancies................. 442.6
                6968.      Board of Visitors.................... 443

                        Chapter 903.--United States Air Force Academy

                9342.     Cadets: appointment; numbers,
                              territorial distribution.......... 443.5
                9355.     Board of Visitors..................... 444

                  Chapter 1013.--Budget Information and Annual Reports to
                                          Congress

                10541.    National Guard and reserve component
                              equipment; annual report to
                              Congress.......................... 445

    [[Page 224]]

                                TITLE 12.--BANKS AND BANKING

                             Chapter 3.--Federal Reserve System

                303.      Qualifications and disabilities [of
                              members of Board of Governors of
                              Federal Reserve System]........... 445

                                   TITLE 14.--COAST GUARD

                               Chapter 9.--Coast Guard Academy

                194.      Annual Board of Visitors.............. 446

                                TITLE 15.--COMMERCE AND TRADE

                         Chapter 21.--National Policy on Employment

                1022.     Economic Report of the President;
                              coverage; supplementary reports;
                              reference to congressional joint
                              committee; percentage rate of
                              employment; definitions........... 446.5
                1024.     Joint Economic Committee.............. 447
                1025.     Same; printing of monthly publication
                              entitled ``Economic Indicators'';
                              distribution...................... 448

                          TITLE 18.--CRIMES AND CRIMINAL PROCEDURE

                   Chapter 11.--Bribery, Graft, and Conflicts of Interest

                201.      Bribery of public officials and
                              witnesses......................... 450
                202.      Definitions........................... 451
                203.      Compensation to Members of Congress,
                              officers, and others in matters
                              affecting the Government.......... 452
                204.      Practice in Court of Claims by Members
                              of Congress....................... 453
                205.      Activities of officers and employees
                              in claims against and other
                              matters affecting the Government.. 454
                210.      Offer to procure appointive public
                              office............................ 455
                211.      Acceptance or solicitation to obtain
                              appointive public office.......... 456

                   Chapter 18.--Congressional, Cabinet, and Supreme Court
                           Assassination, Kidnapping, and Assault

                351.      Congressional, cabinet, and supreme
                              court assassination, kidnapping,
                              and assault; penalties............ 458

                                   Chapter 23.--Contracts

                431.      Contracts by Members of Congress...... 460
                432.      Officer or employee contracting with
                              Member of Congress................ 461
                433.      Exemptions with respect to certain
                              contracts......................... 462

                       Chapter 29.--Elections and Political Activities

                594.      Intimidation of voters................ 462.1-1
                595.      Interference by administrative
                              employees of Federal, State, or
                              Territorial Governments........... 462.1-2

    [[Page 225]]

                597.      Expenditures to influence voting...... 462.2
                598.      Coercion by means of relief
                              appropriations.................... 462.3
                599.      Promise of appointment by candidate... 462.4
                600.      Promise of employment or other benefit
                              for political activity............ 462.5
                601.      Deprivation of employment or other
                              benefit for political contribution 462.6
                602.      Solicitation of political
                              contributions..................... 462.7
                603.      Making political contributions........ 462.8
                604.      Solicitation from persons on relief... 462.9
                605.      Disclosure of names of persons on
                              relief............................ 462.10
                606.      Intimidation to secure political
                              contributions..................... 462.11
                607.      Place of solicitation................. 462.12

                          Chapter 35.--Emblems, Insignia and Names

                713.      Uses of likenesses of the great seal
                              of the United States, the seals of
                              the President and Vice President,
                              and the seal of the United States
                              Senate............................ 462.17

                            Chapter 37.--Espionage and Censorship

                798.      Disclosure of classified information.. 462.19

                             Chapter 73.--Obstruction of Justice

                1505.     Obstruction of proceedings before
                              departments, agencies, and
                              committees........................ 462.20

                                 Chapter 83.--Postal Service

                1719.     Franking privilege.................... 463

                         Chapter 93.--Public Officers and Employees

                1906.     Disclosure of information from a bank
                              examination report................ 463.5
                1913.     Lobbying with appropriated moneys..... 464
                1918.     Disloyalty and asserting the right to
                              strike against the Government..... 464.1

                               Part V.--Immunity of Witnesses

                6001.     Definitions........................... 465.1
                6002.     Immunity generally.................... 465.2
                6005.     Congressional proceedings............. 465.3

                                  TITLE 19.--CUSTOMS DUTIES

                               Chapter 12.--Trade Act of 1974

                       subchapter i.--negotiating and other authority

                     Part 5.--Congressional Procedures With Respect to
                                    Presidential Actions

                2191.     Bills implementing trade agreements on
                              nontariff barriers and resolutions
                              approving commercial agreements
                              with Communist countries.......... 465.4
                2192.     Resolutions disapproving certain
                              actions........................... 465.5

    [[Page 226]]

                2193.     Resolutions relating to extension of
                              waiver authority under section 402
                              of the Trade Act of 1974.......... 465.6
                2194.     Special rules relating to
                              Congressional procedures.......... 465.7

                         Part 6.--Congressional Liaison and Reports

                2211.     Congressional advisers for trade
                              policy and negotiations........... 465.8
                2212.     Transmission of agreements to Congress 465.9
                2213.     Reports............................... 465.10
                2241.     Estimates of barriers to market access 465.11

                    Chapter 17.--Negotiation and Implementation of Trade
                                         Agreements

                2903.     Implementation of trade agreements.... 465.12

                         Chapter 22.--Uruguay Round Trade Agreements

                3534.     Annual report on the WTO.............. 465.13.
                3535.     Review of participation in the WTO.... 465.14

                                    TITLE 20.--EDUCATION

                             Chapter 3.--Smithsonian Institution

                42.       Board of Regents; Members............. 470
                43.       Appointment of regents; terms of
                              office; vacancies................. 471

                        TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE

                     Chapter 7.--International Bureaus, Congresses, Etc.

                276.      Bureau of Interparliamentary Union;
                              American group; authorization of
                              appropriations; disbursements..... 471.5
                276a-2.   Conference of the Interparliamentary
                              Union and all other parliamentary
                              conferences; appointment of
                              delegates from Senate; Chairman;
                              Vice Chairman..................... 471.6
                276a-3.   Executive secretary of American group
                              of Interparliamentary Union....... 471.7
                276a-4.   Auditing of accounts of House and
                              Senate delegations to
                              Interparliamentary Union; finality
                              and conclusiveness of certificate
                              of Chairman....................... 471.8
                276c-1.   Reports of expenditures by members of
                              American groups or delegations and
                              employees; consolidated reports by
                              Congressional Committees; public
                              inspection........................ 471.9
                276d.     Canada-United States
                              Interparliamentary Group.......... 471.10
                276e.     Authorizations of appropriations;
                              disbursements..................... 471.10a
                276h.     Mexico-United States
                              Interparliamentary Group.......... 471.11
                276i      Authorization of appropriations;
                              disbursements..................... 471.11a
                276l.     British-American Interparliamentary
                              Group............................. 471.12
                276m.     United States Delegation to the
                              Parliamentary Assembly of the
                              Conference on Security and
                              Cooperation in Europe (CSCE)...... 471.13

    [[Page 227]]

                            Chapter 24.--Mutual Security Program

                1754.     Foreign currencies; availability to
                              Members and employees of Congress;
                              authorization requirements;
                              reports........................... 472
                1928a.    North Atlantic Treaty Parliamentary
                              Conference; participation;
                              appointment of United States Group 472.5
                1928b.    Authorization of appropriations....... 472.6

                              TITLE 26.--INTERNAL REVENUE CODE

                                  Subtitle A.--Income Taxes

                            Chapter 1.--Normal Taxes and Surtaxes

                        subchapter b.--computation of taxable income

                    Part II.--Items Specifically Included in Gross Income

                84.       Transfer of appreciated property to
                              political organization............ 473

                     Part VI.--Itemized Deductions for Individuals and
                                        Corporations

                162.      Trade or business expenses............ 474

                             subchapter f.--exempt organizations

                              Part VI.--Political Organizations

                527.      Political organizations............... 474.5

                 subchapter n.--tax based on income from sources within or
                                  without the united states

                    Part II.--Nonresident Aliens and Foreign Corporations

                            subpart d.--miscellaneous provisions

                896.      Adjustment of tax on nationals,
                              residents, and corporations of
                              certain foreign countries......... 474.13

                           subchapter p.--capital gains and losses

                 Part III.--General Rules for Determining Capital Gains and
                                           Losses

                1221.     Capital asset defined................. 474.15

                          Subtitle F.--Procedure and Administration

                            Chapter 61.--Information and Returns

                           subchapter b.--miscellaneous provisions

                6103.     Confidentiality and disclosure of
                              returns and return information.... 475
                6104.     Publicity of information required from
                              certain exempt organizations and
                              certain trusts.................... 475.5

                                  Chapter 79.--Definitions

                7701.     Definitions (of certain amounts paid
                              to charity)....................... 475.7
                7701a.    Tax treatment of Federal Thrift
                              Savings Fund...................... 475.8

    [[Page 228]]

                        Subtitle G.--The Joint Committee on Taxation

                   Chapter 91.--Organization and Membership of the Joint
                                          Committee

                8001.     Authorization......................... 476
                8002.     Membership............................ 476.1
                8003.     Election of chairman and vice chairman 476.6
                8004.     Appointment and compensation of staff. 476.7
                8005.     Payment of expenses................... 476.8

                    Chapter 92.--Powers and Duties of the Joint Committee

                8021.     Powers................................ 477
                8022.     Duties................................ 477.5
                8023.     Additional powers to obtain data...... 478

                  Subtitle H.--Financing of Presidential Election Campaigns

                      Chapter 95.--Presidential Election Campaign Fund

                9009.     Reports to Congress; regulations...... 478.5

                 Chapter 96.--Presidential Primary Matching Payment Account

                9039.     Reports to Congress; regulations...... 478.10

                                Subtitle I.--Trust Fund Code

                                Chapter 98.--Trust Fund Code

                              subchapter b.--general provisions

                9602.     Management of trust funds............. 478.14

                         TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE

                              Chapter 39.--Independent Counsel

                595.      Congressional oversight............... 479
                596.      Removal of an independent counsel;
                              termination of office............. 479.1

                         Chapter 85.--District Courts; Jurisdiction

                1365.     Senate actions........................ 479.2

                     Chapter 91.--United States Court of Federal Claims

                1492.     Congressional reference cases......... 479.3

                             Chapter 115.--Evidence; Documentary

                1736.     Congressional Journals................ 480

                                Chapter 131.--Rules of Courts

                2076.     Rules of evidence (repealed).......... 480.3

                    Chapter 165.--United States Court of Federal Claims
                                          Procedure

                2509.     Congressional reference cases......... 480.5

    [[Page 229]]

                                TITLE 31.--MONEY AND FINANCE

                            Chapter 7.--General Accounting Office

                     subchapter i.--definitions and general organization

                701.      Definitions........................... 481

                          subchapter ii.--general duties and powers

                712.      Investigating the use of public money. 481.1
                717.      Evaluating programs and activities of
                              the United States Government...... 481.2
                718.      Availability of draft reports......... 481.3
                719.      Comptroller General reports........... 481.4
                720.      Agency reports........................ 481.5

                                 subchapter iii.--personnel

                734.      Assignments and details to Congress... 481.6

                  Chapter 11.--The Budget and Fiscal, Budget, and Program
                                         Information

                1101.     Definitions........................... 482
                1102.     Fiscal year........................... 482.1
                1103.     Budget ceiling........................ 483
                1104.     Budget and appropriations authority of
                              the President..................... 483.1
                1105.     Budget contents and submission to
                              Congress.......................... 484
                1106.     Supplemental budget estimates and
                              changes........................... 484.1
                1107.     Deficiency and supplemental
                              appropriations.................... 485
                1108.     Preparation and submission of
                              appropriations requests to the
                              President......................... 485.1
                1109.     Current programs and activities
                              estimates......................... 486
                1110.     Year-ahead requests for authorizing
                              legislation....................... 486.1
                1111.     Improving economy and efficiency...... 487
                1112.     Fiscal, budget, and program
                              information....................... 487.1
                1113.     Congressional information............. 488

                     Chapter 33.--Depositing, Keeping, and Paying Money

                                   subchapter 2.--payments

                3332.     Required direct deposit............... 489.1

                                  TITLE 39.--POSTAL SERVICE

                                    Part IV.--Mail Matter

                            Chapter 32.--Penalty and Franked Mail

                3201.     Definitions........................... 490
                3210.     Franked mail transmitted by the Vice
                              President, Members of Congress,
                              and congressional officials....... 491
                3211.     Public documents...................... 492
                3212.     Congressional Record under frank of
                              Members of Congress............... 493
                3213.     Seeds and reports from Department of
                              Agriculture....................... 494

    [[Page 230]]

                3215.     Lending or permitting use of frank
                              unlawful.......................... 495
                3216.     Reimbursement for franked mailings.... 496
                3218.     Franked mail for survivors of Members
                              of Congress....................... 496.1
                3219.     Mailgrams............................. 496.2
                3220.     Use of official mail in the location
                              and recovery of missing children.. 496.3
                ......    Domestic Mail Manual Provisions
                              Relating to the Congressional
                              franking privilege................ 497

                      TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS

                          Chapter 2.--Capitol Buildings and Grounds

                161.      Title of Superintendent of Capitol
                              Building and Grounds changed to
                              Architect of the Capitol.......... 500
                162.      Architect of the Capitol; powers and
                              duties............................ 501
                162-1.    Appointment of Architect of the
                              Capitol........................... 501.1
                162a.     Same; compensation.................... 501.2
                162b.     Same; semiannual report of
                              expenditures...................... 501.3
                163.      Same; care and superintendence of
                              Capitol........................... 502
                163a.     Same; exterior of Capitol............. 503
                163b.     Same; delegation of authority......... 504
                164a.     Same; Assistant Architect of the
                              Capitol or Executive Assistant to
                              act in case of absence,
                              disability, or vacancy............ 505
                166.      Same; repairs of Capitol.............. 506
                ......    Extension, reconstruction, and
                              replacement of central portion of
                              the Capitol....................... 506.1
                Note:     Overall plan for satisfying
                              telecommunications requirements of
                              legislative branch................ 506.1
                Note:     Energy management requirements for
                              Congressional buildings........... 506.1
                166a.     Same; travel expenses................. 507
                166b.     Compensation of Assistant Architect of
                              Capitol........................... 507.1
                166b-1a.  Compensation of employees under
                              Architect of Capitol; single per
                              annum gross rates................. 508.1
                166b-1b.  Same; conversion...................... 508.2
                166b-1c.  Same; obsolete references in existing
                              law............................... 508.3
                166b-1d.  Same; saving provision................ 508.4
                166b-1e.  Same; effect on existing law.......... 508.5
                166b-1f.  Same; exemptions...................... 508.6
                166b-2.   Registered nurses compensated under
                              appropriations for Capitol
                              Buildings, Senate Office Buildings
                              and House Office Buildings;
                              allocation to General Schedule
                              salary grade...................... 509
                166b-3a.  Compensation of certain positions in
                              Office of Architect of Capitol.... 509
                166b-6.   Assignment and reassignment of
                              personnel by Architect of Capitol
                              for personal services............. 509
                168.      Heating and ventilating Senate wing... 510
                170.      Purchase of furniture or carpets for
                              House or Senate................... 511

    [[Page 231]]

                174b.     Senate Office Buildings; approval of
                              structural changes by Architect of
                              Capitol........................... 512
                174b-1.   Same; additional office building...... 513
                ......    Extension of additional Senate Office
                              Building site..................... 513.1
                ......    Construction of an extension to the
                              New Senate Office Building........ 513.2
                ......    Acquisition of property as site for
                              parking facilities for the United
                              States Senate..................... 513.3
                ......    Plans for garage and related
                              facilities for the United States
                              Senate............................ 513.4
                ......    City Post Office Building; leased
                              property as part of Senate Office
                              Buildings......................... 513.5
                ......    Acquisition of property for use as
                              residential facility for United
                              States Senate pages............... 513.6
                174c.     Same; control, care, and supervision.. 514
                174d.     Same; assignment of space............. 515
                174d-1.   Same; assignment of space for meetings
                              of joint committees, conference
                              committees, etc................... 516
                174e.     Same; certification of vouchers....... 517
                174j-1.   Senate Restaurants; management by
                              Architect of the Capitol; approval
                              of matters of general policy;
                              termination....................... 518
                174j-2.   Same; transfer of accounts, records,
                              supplies, equipment, and assets of
                              Senate Restaurants................ 518.1
                174j-3.   Same; authorization and direction to
                              effectuate purposes of sections
                              174j-1 to 174j-7 of this title.... 518.2
                174j-4.   Special deposit account;
                              establishment; appropriations;
                              approval of payments.............. 518.3
                174j-5.   Same; deposits and disbursements under
                              special deposit account........... 518.4
                174j-6.   Same; bond of Architect, Assistant
                              Architect, and other employees.... 518.5
                174j-7.   Same; supersedure of prior provisions
                              for maintenance and operation of
                              Senate Restaurants................ 518.6
                174j-8.   Management personnel and miscellaneous
                              expenses; availability of
                              appropriations; annual and sick
                              leave............................. 518.6-1
                174j-9.   Loans for Senate Restaurants.......... 518.6-2
                184a.     John W. McCormack Residential Page
                              School............................ 518.7
                ......    Acquisition of property as an addition
                              to the Capitol Grounds............ 518.8
                185a.     Senate garage; control, supervision,
                              and care.......................... 519
                186.      Transfer of material and equipment to
                              Architect......................... 520
                187.      National Statuary Hall................ 521
                188.      Works of fine arts.................... 522

    [[Page 232]]

                188a.     United States Capitol Preservation
                              Commission........................ 522a
                188a-1.   Authority of Commission to accept
                              gifts and conduct other
                              transactions relating to works of
                              fine art and other property....... 522a-1
                188a-2.   Capitol Preservation Fund............. 522a-2
                188a-3.   Audits by the Comptroller General..... 522a-3
                188a-4.   Advisory Boards....................... 522a-4
                188a-5.   Definition............................ 522a-5
                188b.     Senate Commission on Art.............. 522b
                188b-1.   Duties of Commission.................. 522b-1
                188b-2.   Supervision and maintenance of Old
                              Senate chamber.................... 522b-2
                188b-3.   Publication of list of works of art,
                              historical objects, and exhibits.. 522b-3
                188b-4.   Authorization of appropriations....... 522b-4
                188b-5.   Additional authority for Senate
                              Commission on Art to acquire works 522b-5
                188b-6.   Conservation, restoration,
                              replication, or replacement of
                              items in United States Senate
                              collection........................ 522b-6
                189.      Art exhibits.......................... 523
                190.      Same.................................. 524
                193.      Protection of buildings and property.. 525
                193a.     United States Capitol Grounds; area
                              comprising; jurisdiction.......... 526
                193b.     Same; public use...................... 527
                193c.     Same; obstruction of roads; conveyance
                              of goods or merchandise........... 528
                193d.     Same; sale of articles; signs;
                              solicitation...................... 529
                193e.     Same; injuries to property............ 530
                193f.     Same; firearms, dangerous weapons,
                              explosives, or incendiary devices;
                              violent entry and disorderly
                              conduct in the Capitol Grounds and
                              Buildings; exemption of Government
                              officials......................... 531
                193g.     Same; parades or assemblages; display
                              of flags.......................... 532
                193h.     Same; prosecution and punishment of
                              offenses; procedure............... 533
                193i.     Same; assistance to authorities by
                              Capitol employees................. 534
                193j.     Same; suspension of prohibitions
                              against use of grounds............ 535
                193k.     Same; power of Capitol Police Board to
                              suspend prohibitions.............. 536
                193l.     Same; concerts on grounds............. 537
                193m.     Same; definitions..................... 538
                193m-1.   Audit of accounts of certain private
                              organizations..................... 538.1
                206.      Capitol police; appointment........... 539
                206c.     Same; emergency duty overtime pay from
                              funds disbursed by Secretary of
                              the Senate; compensatory time off
                              in place of additional pay;
                              election, accrual and transfer of
                              time off; rules and regulations... 539.1
                207.      Same; payment......................... 540
                207a.     Unified payroll administration for
                              Capitol police.................... 540a
                208.      Same; suspension of members........... 541
                209.      Same; pay of members under suspension. 542
                210.      Same; uniform, belts and arms......... 543

    [[Page 233]]

                211.      Same; uniforms; at whose expense...... 544
                212.      Same; wearing uniform on duty......... 545
                212a.     Policing of Capitol buildings and
                              grounds; powers of Capitol police;
                              arrests by District of Columbia
                              police............................ 546
                212a-1.   Capitol grounds and Library of
                              Congress grounds; detail of police 546.1
                212a-2.   Protection of Members of Congress,
                              officers of Congress, and members
                              of their families................. 546.2
                212a-3.   Law enforcement authority of Capitol
                              police............................ 547
                212b.     Regulation of traffic by Capitol
                              Police Board; penalties;
                              prosecution; promulgation and
                              publication of regulations........ 547.1
                213a.     Capitol Police Board to detail police
                              for grounds....................... 548
                214.      Protection of grounds................. 549
                214a.     Temporary use of Capitol Grounds for
                              recreational purposes............. 549a
                214b.     Designation of Capitol grounds as play
                              area for children of Members and
                              employees of Senate or House of
                              Representatives................... 549b
                214c.     Senate employee child care............ 549c
                214d.     Child care center employee benefits... 549d
                215.      Supervision of Botanic Garden......... 550
                216.      Superintendent, etc., of Botanical
                              Garden and greenhouses............ 551
                216a.     Restriction on use of appropriation
                              for Botanical Garden.............. 552
                223.      Capital grounds shuttle service;
                              purchase, etc., of vehicles....... 553

                       Chapter 18.--National Visitor Center Facilities

                           subchapter i.--national visitor center

                801.      National Visitor Center; designation;
                              parking facility; authorization of
                              agreements and leases for use of
                              Union Station..................... 554

                           subchapter iii.--capitol visitor center

                831.      Capitol educational and information
                              center and information and
                              distribution stations; operation
                              agreements........................ 556

                            subchapter iv.--capitol guide service

                851.      Capitol Guide Service................. 558

                subchapter v.--national capital memorials and commemorative
                                            works

                1001.     Congressional authorization of
                              commemorative works; consultation
                              with National Capital Memorial
                              Commission........................ 559

                     Chapter 23.--Judiciary Office Building Development

                1201.     Findings and purposes................. 559.11

    [[Page 234]]

                1202.     Construction of building.............. 559.12
                1203.     Lease of building by architect of the
                              Capitol........................... 559.13
                1204.     Structural and mechanical care and
                              security.......................... 559.14
                1205.     Allocation of space................... 559.15
                1206.     Commission for judiciary office
                              building.......................... 559.16
                1207.     Funding............................... 559.17
                1208.     Definitions........................... 559.18

                                 TITLE 41.--PUBLIC CONTRACTS

                               Chapter 1.--General Provisions

                6a-1.     Architect of the Capitol, exception
                              from advertisement requirement.... 560
                6a-2.     Architect of the Capitol, authority
                              for personal services contracts
                              with legal entities............... 560.1
                22.       Interest of Member of Congress........ 561

                          TITLE 42.--THE PUBLIC HEALTH AND WELFARE

                    Chapter 126.--Equal Opportunity for Individuals with
                                        Disabilities

                12209.    Instrumentalities of the Congress..... 565

                          TITLE 44.--PUBLIC PRINTING AND DOCUMENTS

                           Chapter 1.--Joint Committee on Printing

                101.      Joint Committee on Printing:
                              membership........................ 600
                102.      Joint Committee on Printing:
                              succession; powers during recess.. 601
                103.      Joint Committee on Printing: remedial
                              powers............................ 602

                           Chapter 3.--Government Printing Office

                301.      Public Printer: appointment........... 603
                302.      Deputy Public Printer: appointment;
                              duties............................ 604
                303.      Public Printer and Deputy Public
                              Printer: pay...................... 605
                304.      Public Printer: vacancy in office..... 606
                305.      Public Printer: employees; pay........ 607

                   Chapter 5.--Production and Procurement of Printing and
                                           Binding

                501.      Government printing, binding, and
                              blank-book work to be done at
                              Government Printing Office........ 608
                502.      Procurement of printing, binding, and
                              blank-book work by Public Printer. 609
                506.      Time for printing documents or reports
                              which include illustrations or
                              maps.............................. 610
                507.      Orders for printing to be acted upon
                              within one year................... 611
                508.      Annual estimates of quantity of paper
                              required for public printing and
                              binding........................... 612

    [[Page 235]]

                       Chapter 7.--Congressional Printing and Binding

                701.      ``Usual number'' of documents and
                              reports; distribution of House and
                              Senate documents and reports;
                              binding; reports on private bills;
                              number of copies printed;
                              distribution...................... 613
                702.      Extra copies of documents and reports. 614
                703.      Printing extra copies................. 615
                704.      Reprinting bills, laws, and reports
                              from committees not exceeding
                              fifty pages....................... 616
                705.      Duplicate orders to print............. 617
                706.      Bills and resolutions: number and
                              distribution...................... 618
                707.      Bills and resolutions: style and form. 619
                708.      Bills and resolutions: binding sets
                              for Congress...................... 620
                709.      Public and private laws, postal
                              conventions, and treaties......... 621
                711.      Printing Acts, joint resolutions, and
                              treaties.......................... 622
                713.      Journals of Houses of Congress........ 623
                714.      Printing documents for Congress in two
                              or more editions: printing of full
                              number and allotment of full quota 624
                715.      Senate and House documents and reports
                              for Department of State........... 625
                716.      Printing of documents not provided for
                              by law............................ 626
                717.      Appropriation chargeable for printing
                              of document or report by order of
                              Congress.......................... 627
                718.      Lapse of authority to print........... 628
                719.      Classification and numbering of
                              publications ordered printed by
                              Congress; designation of
                              publications of departments;
                              printing of committee hearings.... 629
                720.      Senate and House Manuals.............. 630
                721.      Congressional Directory............... 631
                722.      Congressional Directory: sale......... 632
                723.      Memorial addresses: preparation;
                              distribution...................... 633
                724.      Memorial addresses: illustrations..... 634
                725.      Statement of appropriations; ``usual
                              number''.......................... 635
                726.      Printing for committees of Congress... 636
                727.      Committee reports: indexing and
                              binding........................... 637
                728.      United States Statutes at Large:
                              distribution...................... 638
                730.      Distribution of documents to Members
                              of Congress....................... 639
                731.      Allotments of public documents printed
                              after expiration of terms of
                              Members of Congress; rights of
                              retiring Members to documents..... 640
                732.      Time for distribution of documents by
                              Members of Congress extended...... 641
                733.      Documents and reports ordered by
                              Members of Congress; franks and
                              envelopes for Members of Congress. 642
                734.      Stationery and blank books for
                              Congress.......................... 643
                735.      Binding for Members of Congress....... 644
                736.      Binding at expense of Members of
                              Congress.......................... 645

    [[Page 236]]

                737.      Binding for Senate library............ 646
                738.      Binding of publications for
                              distribution to libraries......... 647
                739.      Senate and House document rooms;
                              superintendents................... 648
                740.      Senate Service Department and House
                              Publications Distribution Service;
                              superintendents................... 649
                741.      Disposition of documents stored at
                              Capitol........................... 650

                              Chapter 9.--Congressional Record

                901.      Congressional Record: arrangement,
                              style, contents, and indexes...... 651
                902.      Congressional Record: indexes......... 652
                903.      Congressional Record: daily and
                              permanent forms................... 653
                904.      Congressional Record: maps; diagrams;
                              illustrations..................... 654
                905.      Congressional Record: additional
                              insertions........................ 655
                906.      Congressional Record: gratuitous
                              copies; delivery.................. 656
                907.      Congressional Record: extracts for
                              Members of Congress; mailing
                              envelopes......................... 657
                908.      Congressional Record: payment for
                              printing extracts or other
                              documents......................... 658
                910.      Congressional Record: subscriptions;
                              sale of current, individual
                              numbers, and bound sets; postage
                              rate.............................. 659

                  Chapter 11.--Executive and Judiciary Printing and Binding

                1104.     Restrictions on use of illustrations.. 660

                        Chapter 13.--Particular Reports and Documents

                1301.     Agriculture, Department of: report of
                              Secretary......................... 661
                1326.     Librarian of Congress: reports........ 661a
                1339.     Printing of the President's Message... 662

                   Chapter 17.--Distribution and Sale of Public Documents

                1705.     Printing additional copies for sale to
                              public; regulations............... 663
                1706.     Printing and sale of extra copies of
                              documents......................... 664
                1710.     Index of documents: number and
                              distribution...................... 665
                1715.     Publications for department or officer
                              or for congressional committees... 666
                1718.     Distribution of Government
                              publications to the Library of
                              Congress.......................... 667
                1719.     International exchange of Government
                              publications...................... 668

                           Chapter 19.--Depository Library Program

                1901.     Definition of Government publication.. 669
                1902.     Availability of Government
                              publications through
                              Superintendent of Documents; lists
                              of publications not ordered from
                              Government Printing Office........ 670

    [[Page 237]]

                1903.     Distribution of publications to
                              depositories; notice to Government
                              components; cost of printing and
                              binding........................... 671
                1904.     Classified list of Government
                              publications for selection by
                              depositories...................... 672
                1905.     Distribution to depositories;
                              designation of additional
                              libraries; justification;
                              authorization for certain
                              designations...................... 673
                1906.     Land-grant colleges constituted
                              depositories...................... 674
                1909.     Requirements of depository libraries;
                              reports on conditions;
                              investigations; termination;
                              replacement....................... 675
                1910.     Designations of replacement
                              depositories; limitations on
                              numbers; conditions............... 676
                1912.     Regional depositories; designation;
                              functions; disposal of
                              publications...................... 677
                1914.     Implementation of depository library
                              program by Public Printer......... 678
                1915.     Highest State appellate court
                              libraries as depository libraries. 678.1
                1916.     Designation of libraries of accredited
                              law schools as depository
                              libraries......................... 678.2

                  Chapter 21.--National Archives and Records Administration

                2112.     Presidential archival records......... 679
                2118.     Records of Congress................... 679.1

                              Chapter 33.--Disposal of Records

                3303a.    Examination by Archivist of lists and
                              schedules of records lacking
                              preservation value; disposal of
                              records........................... 680

                   Chapter 35.--Coordination of Federal Information Policy

                3501.     Purposes.............................. 681
                3503.     Office of Information and Regulatory
                              Affairs........................... 682
                3505.     Assignment of tasks and deadlines..... 683
                3514.     Responsiveness to Congress............ 684

    [[Page 239]]

                                            [201]

                ____________________________________________________________

                  GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
                                           SENATE

                           Extracts from the United States Code\1\

                    \1\Since some provisions of the most recently enacted
                statutes may receive slightly different editorial treatment
                in the codification process, and since a few stylistic
                changes have been made in this Manual to achieve more
                convenient adaptation to Senate needs, some pro forma
                deviations from the exact format of the United States Code
                may be noted.

                           [Data collected through 102d Congress]

                ____________________________________________________________

                                TITLE 1.--GENERAL PROVISIONS

                Chapter 2.--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT;
                               REPEALS; SEALING OF INSTRUMENTS

                Sec. 112. Statutes at large; contents; admissibility in
                    evidence.
           201      The Archivist of the United States shall cause to be
                compiled, edited, indexed, and published, the United States
                Statutes at Large, which shall contain all the laws and
                concurrent resolutions enacted during each regular session
                of Congress; all proclamations by the President in the
                numbered series issued since the date of the adjournment of
                the regular session of Congress next preceding; and also any
                amendments to the Constitution of the United States proposed
                or ratified pursuant to article V thereof since that date,
                together with the certificate of the Archivist of the United
                States issued in compliance with the provision contained in
                section 106b of this title. In the event of an extra session
                of Congress, the Archivist of the United States shall cause
                all the laws and concurrent resolutions enacted during said
                extra session to be consolidated with, and published as part
                of, the contents of the volume for the next regular session.
                The United States Statutes at Large shall be legal evidence
                of laws, concurrent resolutions, treaties, international
                agreements other than treaties, proclamations by the
                President, and proposed or ratified amendments to the
                Constitution of the United States therein contained, in all
                the courts of the United States, the several States, and the
                Territories and insular possessions of the United States.
                (July 30, 1947, c. 388, 61 Stat. 636; Sept. 23, 1950, c.
                1001, Sec. 1, 64 Stat. 979; Oct. 31, 1951, c. 655, Sec. 3,
                65 Stat. 710; Oct. 19, 1984, Pub.L. 98-497, Title I.
                Sec. 107(d), 98 Stat. 2291.)

    [[Page 240]]

         201.5  Sec. 112b. United States international agreements;
                    transmission to Congress.
                    (a) The Secretary of State shall transmit to the
                Congress the text of any international agreement (including
                the text of any oral international agreement, which
                agreement shall be reduced to writing), other than a treaty,
                to which the United States is a party as soon as practicable
                after such agreement has entered into force with respect to
                the United States but in no event later than sixty days
                thereafter. However, any such agreement the immediate public
                disclosure of which would, in the opinion of the President,
                be prejudicial to the national security of the United States
                shall not be so transmitted to the Congress but shall be
                transmitted to the Committee on Foreign Relations of the
                Senate and the Committee on Foreign Affairs of the House of
                Representatives under an appropriate injunction of secrecy
                to be removed only upon due notice from the President. Any
                department or agency of the United States Government which
                enters into any international agreement on behalf of the
                United States shall transmit to the Department of State the
                text of such agreement not later than twenty days after such
                agreement has been signed.
                    (b) Not later than March 1, 1979, and at yearly
                intervals thereafter, the President shall, under his own
                signature, transmit to the Speaker of the House of
                Representatives and the chairman of the Committee on Foreign
                Relations of the Senate a report with respect to each
                international agreement which, during the preceding year,
                was transmitted to the Congress after the expiration of the
                60-day period referred to in the first sentence of
                subsection (a), describing fully and completely the reasons
                for the late transmittal.
                    (c) Notwithstanding any other provision of law, an
                international agreement may not be signed or otherwise
                concluded on behalf of the United States without prior
                consultation with the Secretary of State. Such consultation
                may encompass a class of agreements rather than a particular
                agreement.
                    (d) The Secretary of State shall determine for and
                within the executive branch whether an arrangement
                constitutes an international agreement within the meaning of
                this section.
                    (e) The President shall, through the Secretary of State,
                promulgate such rules and regulations as may be necessary to
                carry out this section. (Aug. 25, 1972, Pub. L. 92-403,
                Sec. 1, 86 Stat. 619; June 15, 1977, Pub. L. 95-45, Sec. 5,
                91 Stat. 224; Oct. 7, 1978, Pub. L. 95-426, Sec. 708, 92
                Stat. 993; Apr. 30, 1994, Pub. L. 103-236, Sec. 138, 108
                Stat. 397.)

                                          Note

                    Section 139 of Public Law 100-204, approved December 22,
                1987 (101 Stat. 1347), provided that:

                ``SEC. 139. ENFORCEMENT OF CASE-ZABLOCKI ACT REQUIREMENTS.

                    ``(a) Restriction on Use of Funds.--If any international
                agreement, whose text is required to be transmitted to the
                Congress pursuant to the first sentence of subsection (a) of
                section 112b of title 1, United States Code (commonly
                referred to as the `Case-Zablocki Act'), is not so
                transmitted within the 60-day period specified in that
                sentence, then no funds authorized to be appropriated by
                this or any other Act shall be available after the end of
                that 60-day period to implement that agreement until the
                text of that agreement has been so transmitted.
                    ``(b) Effective Date.--Subsection (a) shall take effect
                60 days after the date of enactment of this Act and shall
                apply during fiscal years 1988 and 1989.''

    [[Page 241]]

                 Chapter 3.--CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS;
                          DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS

           202  Sec. 211. Copies [of Code of Laws] to Members of Congress.
                    In addition to quotas provided for by section 210 of
                this title there shall be printed, published, and
                distributed of the Code of Laws relating to the District of
                Columbia with tables, index and other ancillaries, suitably
                bound and with thumb inserts and other convenient devices to
                distinguish the parts, and of the supplements to both codes
                as provided for by sections 202, 203 of this title, ten
                copies of each for each Member of the Senate * * * for his
                use and distribution, and in addition for the * * *
                Committee on the Judiciary of the Senate a number of bound
                copies of each equal to ten times the number of members of
                such committee[s], and one bound copy of each for the use of
                each committee of the Senate * * * (July 30, 1947, ch. 388,
                61 Stat. 640.)
           203  Sec. 212. Additional distribution at each new Congress.
                    In addition the Superintendent of Documents shall, at
                the beginning of the first session of each Congress, supply
                to each Senator * * * in such Congress, who may in writing
                apply for the same, one copy each of the Code of Laws of the
                United States, the Code of Laws relating to the District of
                Columbia, and the latest supplement to each code: Provided,
                That such applicant shall certify in his written application
                for the same that the volume or volumes for which he applies
                is intended for his personal use exclusively: And provided
                further, That no Senator * * * during his term of service
                shall receive under this section more than one copy each of
                the volumes enumerated herein. (July 30, 1947, ch. 388, 61
                Stat. 640.)

    [[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,

    [[Page 244]]

                                (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.

    [[Page 245]]

                                (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.

    [[Page 246]]

                (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.)

    [[Page 247]]

         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.)

    [[Page 248]]

        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.

    [[Page 249]]

         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.)

    [[Page 582]]

                                   TITLE 3.--THE PRESIDENT

                      Chapter 1.--PRESIDENTIAL ELECTIONS AND VACANCIES

           400  Sec. 1. Time of appointing electors.
                    The electors of President and Vice President shall be
                appointed, in each State, on the Tuesday next after the
                first Monday in November, in every fourth year succeeding
                every election of a President and Vice President. (June 25,
                1948, ch. 644, Sec. 1, 62 Stat. 672.)
           401  Sec. 2. Failure to make choice on prescribed day.
                    Whenever any State has held an election for the purpose
                of choosing electors, and has failed to make a choice on the
                day prescribed by law, the electors may be appointed on a
                subsequent day in such a manner as the legislature of such
                State may direct. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
                672.)
           402  Sec. 3. Number of electors.
                    The number of electors shall be equal to the number of
                Senators and Representatives to which the several States are
                by law entitled at the time when the President and Vice
                President to be chosen come into office; except, that where
                no apportionment of Representatives has been made after any
                enumeration, at the time of choosing electors, the number of
                electors shall be according to the then existing
                apportionment of Senators and Representatives. (June 25,
                1948, ch. 644, Sec. 1, 62 Stat. 672.)
           403  Sec. 4. Vacancies in electoral college.
                    Each State may, by law, provide for the filling of any
                vacancies which may occur in its college of electors when
                such college meets to give its electoral vote. (June 25,
                1948, ch. 644, Sec. 1, 62 Stat. 673.)
           404  Sec. 5. Determination of controversy as to appointment of
                    electors.
                    If any State shall have provided, by laws enacted prior
                to the day fixed for the appointment of the electors, for
                its final determination of any controversy or contest
                concerning the appointment of all or any of the electors of
                such State, by judicial or other methods or procedures, and
                such determination shall have been made at least six days
                before the time fixed for the meeting of the electors, such
                determination made pursuant to such law so existing on said
                day, and made at least six days prior to said time of
                meeting of the electors, shall be conclusive, and shall
                govern in the counting of the electoral votes as provided in
                the Constitution, and as hereinafter regulated, so far as
                the ascertainment of the electors appointed by such State is
                concerned. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 673.)
           405  Sec. 6. Credentials of electors; transmission to Archivist
                    of the United States and to Congress; public inspection.
                    It shall be the duty of the executive of each State, as
                soon as practicable after the conclusion of the appointment
                of the electors in such State by the final ascertainment,
                under and in pursuance of the laws

    [[Page 583]]

                of such State providing for such ascertainment, to
                communicate by registered mail under the seal of the State
                to the Archivist of the United States, a certificate of such
                ascertainment of the electors appointed, setting forth the
                names of such electors and the canvass or other
                ascertainment under the laws of such State of the number of
                votes given or cast for each person for whose appointment
                any and all votes have been given or cast; and it shall also
                thereupon be the duty of the executive of each State to
                deliver to the electors of such State, on or before the day
                on which they are required by section 7 of this title to
                meet, six duplicate-originals of the same certificate under
                the seal of the State; and if there shall have been any
                final determination in a State in the manner provided for by
                law of a controversy or contest concerning the appointment
                of all or any of the electors of such State, it shall be the
                duty of the executive of such State, as soon as practicable
                after such determination, to communicate under the seal of
                the State to the Archivist of the United States, a
                certificate of such determination in form and manner as the
                same shall have been made; and the certificate or
                certificates so received by the Archivist of the United
                States, shall be preserved by him for one year and shall be
                a part of the public records of his office and shall be open
                to public inspection; and the Archivist of the United
                States, at the first meeting of Congress thereafter shall
                transmit to the two Houses of Congress copies in full of
                each and every such certificate so received at the National
                Archives and Records Administration. (June 25, 1948, c. 644,
                62 Stat. 673; Oct. 31, 1951, c. 655, Sec. 6, 65 Stat. 711;
                Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1),
                (e)(2)(A), 98 Stat. 2291.)

                    (June 25, 1948, c. 644, 62 Stat. 673; (Oct. 31, 1951, c.
                655, Sec. 6, 65 Stat. 711; Oct. 19, 1984, Pub. L. 98-497,
                Title I Sec. 107(e)(1), (e)(2)(A), 98 Stat. 2291.
           406  Sec. 7. Meeting and vote of electors.
                    The electors of President and Vice President of each
                State shall meet and give their votes on the first Monday
                after the second Wednesday in December next following their
                appointment at such place in each State as the legislature
                of such State shall direct. (June 25, 1948, ch. 644, Sec. 1,
                62 Stat. 673.)
           407  Sec. 8. Manner of voting.
                    The electors shall vote for President and Vice
                President, respectively, in the manner directed by the
                Constitution. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
                674.)
           408  Sec. 9. Certificates of votes for President and Vice
                    President.
                    The electors shall make and sign six certificates of all
                the votes given by them, each of which certificates shall
                contain two distinct lists, one of the votes for President
                and the other of the votes for Vice President, and shall
                annex to each of the certificates one of the lists of the
                electors which shall have been furnished to them by
                direction of the executive of the State. (June 25, 1948, ch.
                644, Sec. 1, 62 Stat. 674.)
           409  Sec. 10. Sealing and endorsing certificates.
                    The electors shall seal up the certificates so made by
                them, and certify upon each that the lists of all the votes
                of such States given for Presi-

    [[Page 584]]

                dent, and of all the votes given for Vice President, are
                contained therein. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
                674.)
           410  Sec. 11. Disposition of certificates.
                    The electors shall dispose of the certificates so made
                by them and the lists attached thereto in the following
                manner:
                    First. They shall forthwith forward by registered mail
                one of the same to the President of the Senate at the seat
                of government.
                    Second. Two of the same shall be delivered to the
                secretary of state of the State, one of which shall be held
                subject to the order of the President of the Senate, the
                other to be preserved by him for one year and shall be a
                part of the public records of his office and shall be open
                to public inspection.
                    Third. On the day thereafter they shall forward by
                registered mail two of such certificates and lists to the
                Archivist of the United States at the seat of government,
                one of which shall be held subject to the order of the
                President of the Senate. The other shall be preserved by the
                Archivist of the United States for one year and shall be a
                part of the public records of his office and shall be open
                to public inspection.
                    Fourth. They shall forthwith cause the other of the
                certificates and lists to be delivered to the judge of the
                district in which the electors shall have assembled. (Oct.
                31, 1951, ch. 655, Sec. 7, 65 Stat. 712; Oct. 19, 1984,
                Title I, Sec. 107(e)(1), 98 Stat. 2291.)
           411  Sec. 12. Failure of certificates of electors to reach
                    President of Senate or Archivist of the United States;
                    demand on State for certificate.
                    When no certificate of vote and list mentioned in
                sections 9 and 11 of this title from any State shall have
                been received by the President of the Senate or by the
                Archivist of the United States; by the fourth Wednesday in
                December, after the meeting of the electors shall have been
                held, the President of the Senate or, if he be absent from
                the seat of government, the Archivist of the United States;
                shall request, by the most expeditious method available, the
                secretary of state of the State to send up the certificate
                and list lodged with him by the electors of such State; and
                it shall be his duty upon receipt of such request
                immediately to transmit same by registered mail to the
                President of the Senate at the seat of government. (Oct. 31,
                1951, ch. 655, Sec. 8, 65 Stat. 712; Oct. 19, 1984, Title I,
                Sec. 107(e)(1), (e)(2)(B), 98 Stat. 2291.)
           412  Sec. 13. Same; demand on district judge for certificate.
                    When no certificates of votes from any State shall have
                been received at the seat of government on the fourth
                Wednesday in December, after the meeting of the electors
                shall have been held, the President of the Senate or, if he
                be absent from the seat of government, the Archivist of the
                United States shall send a special messenger to the district
                judge in whose custody one certificate of votes from the
                State has been lodged, and such judge shall forthwith
                transmit that list by the hand of such messenger to the seat
                of government. (Oct. 31, 1951, ch. 655, Sec. 9, 65 Stat.
                712; Oct. 19, 1984, Title I, Sec. 107(e)(1), 98 Stat. 2291.)
           413  Sec. 14. Forfeiture for messenger's neglect of duty.
                    Every person who, having been appointed, pursuant to
                section 13 of this title, to deliver the certificates of the
                votes of the electors to the President of the Senate, and
                having accepted such appointment,

    [[Page 585]]

                shall neglect to perform the services required from him,
                shall forfeit the sum of $1,000.  (June 25, 1948, ch. 644,
                Sec. 1, 62 Stat. 675.)
           414  Sec. 15. Counting electoral votes in Congress.
                    Congress shall be in session on the sixth day of January
                succeeding every meeting of the electors. The Senate and
                House of Representatives shall meet in the Hall of the House
                of Representatives at the hour of 1 o'clock in the afternoon
                on that day, and the President of the Senate shall be their
                presiding officer. Two tellers shall be previously appointed
                on the part of the Senate and two on the part of the House
                of Representatives, to whom shall be handed, as they are
                opened by the President of the Senate, all the certificates
                and papers purporting to be certificates of the electoral
                votes, which certificates and papers shall be opened,
                presented, and acted upon in the alphabetical order of the
                States, beginning with the letter A; and said tellers,
                having then read the same in the presence and hearing of the
                two Houses, shall make a list of the votes as they shall
                appear from the said certificates; and the votes having been
                ascertained and counted according to the rules in this
                subchapter provided, the result of the same shall be
                delivered to the President of the Senate, who shall
                thereupon announce the state of the vote, which announcement
                shall be deemed a sufficient declaration of the persons, if
                any, elected President and Vice President of the United
                States, and, together with a list of the votes, be entered
                on the Journals of the two Houses. Upon such reading of any
                such certificate or paper, the President of the Senate shall
                call for objections, if any.shall be signed by at least one
                Senator and one Member of the House of Representatives
                before the same shall be received. When all objections so
                made to any vote or paper from a State shall have been
                received and read, the Senate shall thereupon withdraw, and
                such objections shall be submitted to the Senate for its
                decision; and the Speaker of the House of Representatives
                shall, in like manner, submit such objections to the House
                of Representatives for its decision; and no electoral vote
                or votes from any State which shall have been regularly
                given by electors whose appointment has been lawfully
                certified to according to section 6 of this title from which
                but one return has been received shall be rejected, but the
                two Houses concurrently may reject the vote or votes when
                they agree that such vote or votes have not been so
                regularly given by electors whose appointment has been so
                certified. If more than one return or paper purporting to be
                a return from a State shall have been received by the
                President of the Senate, those votes, and those only, shall
                be counted which shall have been regularly given by the
                electors who are shown by the determination mentioned in
                section 5 of this title to have been appointed, if the
                determination in said section provided for shall have been
                made, or by such successors or substitutes, in case of a
                vacancy in the board of electors so ascertained, as have
                been appointed to fill such vacancy in the mode provided by
                the laws of the State; but in case there shall arise the
                question which of two or more of such State authorities
                determining what electors have been appointed, as mentioned
                in section 5 of this title, is the lawful tribunal of such
                State, the votes regularly given of those electors, and
                those only, of such State shall be counted whose title as
                electors the two Houses, acting separately, shall
                concurrently decide is supported by the decision of such
                State so authorized by its law; and in such case of more
                than one return or paper purporting

    [[Page 586]]

                to be a return from a State, if there shall have been no
                such determination of the question in the State aforesaid,
                then those votes, and those only, shall be counted which the
                two Houses shall concurrently decide were cast by lawful
                electors appointed in accordance with the laws of the State,
                unless the two Houses, acting separately, shall concurrently
                decide such votes not to be the lawful votes of the legally
                appointed electors of such State. But if the two Houses
                shall disagree in respect of the counting of such votes,
                then, and in that case, the votes of the electors whose
                appointment shall have been certified by the executive of
                the State, under the seal thereof, shall be counted. When
                the two Houses have voted, they shall immediately again
                meet, and the presiding officer shall then announce the
                decision of the question submitted. No votes or papers from
                any other State shall be acted upon until the objections
                previously made to the votes or papers from any State shall
                have been finally disposed of.  (June 25, 1948, ch. 644,
                Sec. 1, 62 Stat. 675.)
           415  Sec. 16. Same; seats for officers and Members of two Houses
                    in joint meeting.
                    At such joint meeting of the two Houses seats shall be
                provided as follows: For the President of the Senate, the
                Speaker's chair; for the Speaker, immediately upon his left;
                the Senators, in the body of the Hall upon the right of the
                presiding officer; for the Representatives, in the body of
                the Hall not provided for the Senators; for the tellers,
                Secretary of the Senate, and Clerk of the House of
                Representatives, at the Clerk's desk; for the other officers
                of the two Houses, in front of the Clerk's desk and upon
                each side of the Speaker's platform. Such joint meeting
                shall not be dissolved until the count of electoral votes
                shall be completed and the result declared; and no recess
                shall be taken unless a question shall have arisen in regard
                to counting any such votes, or otherwise under this
                subchapter, in which case it shall be competent for either
                House, acting separately, in the manner hereinbefore
                provided, to direct a recess of such House not beyond the
                next calendar day, Sunday excepted, at the hour of 10
                o'clock in the forenoon. But if the counting of the
                electoral votes and the declaration of the result shall not
                have been completed before the fifth calendar day next after
                such first meeting of the two Houses, no further or other
                recess shall be taken by either House.  (June 25, 1948, ch.
                644, Sec. 1, 62 Stat. 676.)
           416  Sec. 17. Same; limit of debate in each House.
                    When the two Houses separate to decide upon an objection
                that may have been made to the counting of any electoral
                vote or votes from any State, or other question arising in
                the matter, each Senator and Representative may speak to
                such objection or question five minutes, and not more than
                once; but after such debate shall have lasted two hours it
                shall be the duty of the presiding officer of each House to
                put the main question without further debate.  (June 25,
                1948, ch. 644, Sec. 1, 62 Stat. 676.)
           417  Sec. 18. Same; parliamentary procedure at joint meeting.
                    While the two Houses shall be in meeting as provided in
                this chapter, the President of the Senate shall have power
                to preserve order; and no debate shall be allowed and no
                question shall be put by the presiding

    [[Page 587]]

                officer except to either House on a motion to withdraw.
                (Sept. 3, 1954, ch. 1263, Sec. 3, 68 Stat. 1227.)
           418  Sec. 19. Vacancy in offices of both President and Vice
                    President; officers eligible to act.
         418.1      (a)(1) If, by reason of death, resignation, removal from
                office, inability, or failure to qualify, there is neither a
                President nor Vice President to discharge the powers and
                duties of the office of President, then the Speaker of the
                House of Representatives shall, upon his resignation as
                Speaker and as Representative in Congress, act as President.
                    (2) The same rule shall apply in the case of the death,
                resignation, removal from office, or inability of an
                individual acting as President under this subsection.
         418.2      (b) If, at the time when under subsection (a) of this
                section a Speaker is to begin the discharge of the powers
                and duties of the office of President, there is no Speaker,
                or the Speaker fails to qualify as Acting President, then
                the President pro tempore of the Senate shall, upon his
                resignation as President pro tempore and as Senator, act as
                President.
         418.3      (c) An individual acting as President under subsection
                (a) or subsection (b) of this section shall continue to act
                until the expiration of the then current Presidential term,
                except that--
                                (1) if his discharge of the powers and
                            duties of the office is founded in whole or in
                            part on the failure of both the President-elect
                            and the Vice-President-elect to qualify, then he
                            shall act only until a President or Vice
                            President qualifies; and
                                (2) if his discharge of the powers and
                            duties of the office is founded in whole or in
                            part on the inability of the President or Vice
                            President, then he shall act only until the
                            removal of the disability of one of such
                            individuals.
         418.4      (d)(1) If, by reason of death, resignation, removal from
                office, inability, or failure to qualify, there is no
                President pro tempore to act as President under subsection
                (b) of this section, then the officer of the United States
                who is highest on the following list, and who is not under
                disability to discharge the powers and duties of the office
                of President shall act as President: Secretary of State,
                Secretary of the Treasury, Secretary of Defense, Attorney
                General, Secretary of the Interior, Secretary of
                Agriculture, Secretary of Commerce, Secretary of Labor,
                Secretary of Health and Human Services, Secretary of Housing
                and Urban Development, Secretary of Transportation,
                Secretary of Energy, Secretary of Education, Secretary of
                Veterans' Affairs.
                    (2) An individual acting as President under this
                subsection shall continue to do so until the expiration of
                the then current Presidential term, but not after a
                qualified and prior-entitled individual is able to act,
                except that the removal of the disability of an individual
                higher on the list contained in paragraph (1) of this
                subsection or the ability to qualify on the part of an
                individual higher on such list shall not terminate his
                service.
                    (3) The taking of the oath of office by an individual
                specified in the list in paragraph (1) of this subsection
                shall be held to constitute his resignation from the office
                by virtue of the holding of which he qualifies to act as
                President.

    [[Page 588]]

         418.5      (e) Subsections (a), (b), and (d) of this section shall
                apply only to such officers as are eligible to the office of
                President under the Constitution. Subsection (d) of this
                section shall apply only to officers appointed, by and with
                the advice and consent of the Senate, prior to the time of
                the death, resignation, removal from office, inability, or
                failure to qualify, of the President pro tempore, and only
                to officers not under impeachment by the House of
                Representatives at the time the powers and duties of the
                office of President devolve upon them.
         418.6      (f) During the period that any individual acts as
                President under this section, his compensation shall be at
                the rate then provided by law in the case of the President.
                (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 677; Sept. 9,
                1965, Pub. L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15,
                1966, Pub. L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12,
                1970, Pub. L. 91-375, Sec. 6(b), 84 Stat. 775; Aug. 4, 1977,
                Pub. L. 95-91, Title VII, Sec. 709(g), 91 Stat. 609; Oct.
                17, 1979, Pub. L. 96-88, Title V, Sec. 508(a), 93 Stat. 692;
                Oct. 25, 1988, Pub. L. 100-527, Sec. 13(a), 102 Stat. 2643.)
           419  Sec. 20. Resignation or refusal of office.
                    The only evidence of a refusal to accept, or of a
                resignation of the office of President or Vice President,
                shall be an instrument in writing, declaring the same, and
                subscribed by the person refusing to accept or resigning, as
                the case may be, and delivered into the office of the
                Secretary of State.  (June 25, 1948, ch. 644, Sec. 1, 62
                Stat. 678.)
         419.1  Sec. 21. Definitions.
                    As used in this chapter the term--
                                (a) ``State'' includes the District of
                            Columbia.
                                (b) ``executives of each State'' includes
                            the Board of Commissioners of the District of
                            Columbia.

                (Oct. 4, 1961, Pub. L. 87-389, Sec. 2(a), 75 Stat. 820.)

                      Chapter 2.--OFFICE AND COMPENSATION OF PRESIDENT

           420  Sec. 101. Commencement of term of office.
                    The term of four years for which a President and Vice
                President shall be elected, shall, in all cases, commence on
                the 20th day of January next succeeding the day on which the
                votes of the electors have been given. (June 25, 1948, ch.
                644, Sec. 1, 62 Stat. 678.)
           421  Sec. 104. Salary of the Vice President.
                    The per annum rate of salary of the Vice President of
                the United States shall be the rate determined for such
                position under chapter 11 of title 2, as adjusted under this
                section. Effective at the beginning of the first month in
                which an adjustment takes effect under section 5303 of title
                5 in the rates of pay under the General Schedule, the salary
                of the Vice President shall be adjusted by an amount,
                rounded to the nearest multiple of $100 (or if midway
                between multiples of $100, to the nearest higher multiple of
                $100), equal to the percentage of such per annum rate which
                corresponds to the most recent percentage change in the ECI
                (relative to the date described in the next sentence), as
                determined under section 704(a)(1) of the Ethics Reform Act
                of 1989. The appropriate date under this sentence is the
                first day of the fiscal year in which such adjustment in the
                rates of pay under the General Schedule takes effect. (June
                25, 1948, c. 644, Sec. 1, 62 Stat. 672, amended

    [[Page 589]]

                Jan. 19, 1949, c. 2, Sec. 1(b), 63 Stat. 4; Mar. 2, 1955, c.
                9, Sec. 4(c), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88-426,
                Title III, Sec. 304(a), 78 Stat. 422; Sept. 15, 1969, Pub.
                L. 91-67, Sec. 1, 83 Stat. 106; Aug. 9, 1975, Pub. L. 94-82,
                Title II, Sec. 203, 89 Stat. 420; Sept. 10, 1982, Pub. L.
                97-257, Title I, Sec. 105(b), 96 Stat. 849; Nov. 30, 1989,
                Pub. L. 101-194, Title VII, Sec. 704(a)(2)(A), 103 Stat.
                1769; Nov. 5. 1990, Pub. L. 101-509, Title V, Sec. 529
                [Title I, 101(b)(4)(I)], 104 Stat. 1440.)
           422  Sec. 111. Expense allowance of Vice President.
                    There shall be paid to the Vice President in equal
                monthly installments an expense allowance of $10,000 per
                annum to assist in defraying expenses relating to or
                resulting from the discharge of his official duties, for
                which no accounting, other than for income tax purposes,
                shall be made by him. (Jan. 19, 1949, Sec. 1(c), 63 Stat. 4;
                Oct. 20, 1951, ch. 521, Sec. 619(b), 65 Stat. 570.)

                 Official Temporary Residence of the Vice President

                    Pub. L. 93-346, July 12, 1974, 88 Stat. 340, as amended
                by Pub. L. 93-552, Title VI, Sec. 609(a), Dec. 27, 1974, 88
                Stat. 1764, provided:
                    ``That effective July 1, 1974, the Government-owned
                house together with furnishings, associated grounds
                (consisting of twelve acres, more or less), and related
                facilities which have heretofore been used as the residence
                of the Chief of Naval Operations, Department of the Navy,
                shall, on and after such date be available for, and are
                hereby designated as, the temporary official residence of
                the Vice President of the United States.
                    ``Sec. 2. The temporary official residence of the Vice
                President shall be adequately staffed and provided with such
                appropriate equipment, furnishings, dining facilities,
                services, and other provisions as may be required, under the
                supervision and direction of the Vice President, to enable
                him to perform and discharge appropriately the duties,
                functions, and obligations associated with his high office.
                    ``Sec. 3. The Secretary of the Navy shall, subject to
                the supervision and control of the Vice President, provide
                for the military staffing and the care and maintenance of
                the grounds of the temporary official residence of the Vice
                President and, subject to reimbursement therefor out of
                funds appropriated for such purposes, provide for the
                civilian staffing, care, maintenance, repair, improvement,
                alteration, and furnishing of such residence.
                    ``Sec. 4. There is hereby authorized to be appropriated
                such sums as may be necessary from time to time to carry out
                the foregoing provisions of this joint resolution. During
                any interim period until and before any such funds are so
                appropriated, the Secretary of the Navy shall make provision
                for staffing and other appropriate services in connection
                with the temporary official residence of the Vice President
                from funds available to the Department of the Navy, subject
                to reimbursement therefor from funds subsequently
                appropriated to carry out the purposes of this joint
                resolution.
                    ``Sec. 5. After the date on which the Vice President
                moves into the temporary official residence provided for in
                this joint resolution no funds may be expended for the
                maintenance, care, repair, furnishing, or security of any
                residence for the Vice President other than the temporary
                official residence provided for in this joint resolution
                unless the expenditure of such funds is specifically
                authorized by law enacted after such date.
                    ``Sec. 6. The Secretary of the Navy is authorized and
                directed, with the approval of the Vice President, to accept
                donations of money or property for the furnishing of or
                making improvements in or about the temporary official
                residence of the Vice President, all such donations to
                become the property of the United States and to be accounted
                for as such.
                    ``Sec. 7. [Amended section 202 of this title].
                    ``Sec. 8. [Amended section 3056(a) of title 18].
                    ``Sec. 9. It is the sense of Congress that living
                accommodations, generally equivalent to those available to
                the highest ranking officer on active duty in each of the
                other military services, should be provided for the Chief of
                Naval Operations.''

    [[Page 590]]

                 TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

                                   Chapter 4.--THE STATES

           425  Sec. 113. Residence of Members of Congress for State income
                    tax laws.
                    (a) No State, or political subdivision thereof, in which
                a Member of Congress maintains a place of abode for purposes
                of attending sessions of Congress may, for purposes of any
                income tax (as defined in section 110(c) of this title)
                levied by such State or political subdivision thereof--
                                (1) treat such Member as a resident or
                            domiciliary of such State or political
                            subdivision thereof; or
                                (2) treat any compensation paid by the
                            United States to such Member as income for
                            services performed within, or from sources
                            within, such State or political subdivision
                            thereof,

                unless such Member represents such State or a district in
                such State.

                    (b) For purposes of subsection (a)--
                                (1) the term ``Member of Congress'' includes
                            the delegates from the District of Columbia,
                            Guam, and the Virgin Islands, and the Resident
                            Commissioner from Puerto Rico; and
                                (2) the term ``State'' includes the District
                            of Columbia.

                (Dec. 22, 1987, Pub. L. 100-202, Sec. 106, 101 Stat. 1329-
                433.)

    [[Page 591]]

                       TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES

                    Chapter 29.--COMMISSIONS, OATHS, RECORDS, AND REPORTS

                       Subchapter I.--Commissions, Oaths, and Records

           430  Sec. 2905. Oath; renewal.\1\
                    \1\For text of oath to be taken by employees of the
                    Senate and House of Representatives, see section 3331 of
                    title 5, United States Code (not included herein).
                    (b) An individual who, on appointment, as Pub. L. 89-
                554, 80 Stat. 412.)an employee of a House of Congress,
                subscribed to the oath of office required by section 3331 of
                this title is not required to renew the oath so long as his
                service as an employee of that House of Congress is
                continuous. (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 412.)

                                   Subchapter II.--Reports

           431  Sec. 2954. Information to committees of Congress on request.
                    An Executive agency, on request of the Committee on
                Government Operations of the House of Representatives, or of
                any seven members thereof, or on request of the Committee on
                Governmental Affairs of the Senate, or any five members
                thereof, shall submit any information requested of it
                relating to any matter within the jurisdiction of the
                committee. (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 413;
                Nov. 2, 1994, Pub. L. 103-437, Sec. 36, 108 Stat. 4581.)

                            Chapter 31.--AUTHORITY FOR EMPLOYMENT

         431.1  Sec. 3110. Employment of relatives; restrictions.
                    (a) For the purpose of this section--
                                (1) ``agency'' means--

                                    (A) an Executive agency;

                                    (B) an office, agency, or other
                                establishment in the legislative branch;

                                    (C) an office, agency, or other
                                establishment in the judicial branch; and

                                    (D) the government of the District of
                                Columbia;

                                (2) ``public official'' means an officer
                            (including the President and a Member of
                            Congress), a member of the uniformed service,
                            and employee and any other individual, in whom
                            is vested the authority by law, rule, or
                            regulation, or to whom the authority has been
                            delegated, to appoint, employ, promote, or
                            advance individuals, or to recommend individuals
                            for appointment, employment, promotion, or
                            advancement, in connection with employment in an
                            agency; and
                                (3) ``relative'' means, with respect to a
                            public official, an individual who is related to
                            the public official as father, mother, son,
                            daughter, brother, sister, uncle, aunt, first
                            cousin, nephew, niece, husband,

    [[Page 592]]

                            wife, father-in-law, mother-in-law, son-in-law,
                            daughter-in-law, brother-in-law, sister-in-law,
                            stepfather, stepmother, stepson, stepdaughter,
                            stepbrother, stepsister, half brother, or half
                            sister.
                    (b) A public official may not appoint, employ, promote,
                advance, or advocate for appointment, employment, promotion,
                or advancement, in or to a civilian position in the agency
                in which he is serving or over which he exercises
                jurisdiction or control any individual who is a relative of
                the public official. An individual may not be appointed,
                employed, promoted, or advanced in or to a civilian position
                in an agency if such appointment, employment, promotion, or
                advancement has been advocated by a public official, serving
                in or exercising jurisdiction or control over the agency,
                who is a relative of the individual.
                    (c) An individual appointed, employed, promoted, or
                advanced in violation of this section is not entitled to
                pay, and money may not be paid from the Treasury as pay to
                an individual so appointed, employed, promoted, or advanced.
                    (d) The Office of Personnel Management may prescribe
                regulations authorizing the temporary employment, in the
                event of emergencies resulting from natural disasters or
                similar unforeseen events or circumstances, of individuals
                whose employment would otherwise be prohibited by this
                section.
                    (e) This section shall not be construed to prohibit the
                appointment of an individual who is a preference eligible in
                any case in which the passing over of that individual on a
                certificate of eligibles furnished under section 3317(a) of
                this title will result in the selection for appointment of
                an individual who is not a preference eligible. (Dec. 16,
                1967, Pub. L. 90-206, Sec. 221(a), 81 Stat. 640; Oct. 13,
                1978, Pub. L. 95-454, Sec. 906(a)(2), 92 Stat. 1224.)

                     Chapter 33.--EXAMINATION, SELECTION, AND PLACEMENT

                 Subchapter I.--Examination, Certification, and Appointment

         431.5  Sec. 3304. Competitive service; examinations.

                                        * * * * * * *

                    (c) Notwithstanding a contrary provision of this title
                or of the rules and regulations prescribed under this title
                for the administration of the competitive service, an
                individual who served--
                                (1) for at least 3 years in the legislative
                            branch in a position in which he was paid by the
                            Secretary of the Senate or the Clerk of the
                            House of Representatives; or
                                (2) for at least 4 years as a secretary or
                            law clerk, or both, to a justice or judge of the
                            United States;

                acquires a competitive status for transfer to the
                competitive service if he is involuntarily separated without
                prejudice from the legislative or judicial branch, passes a
                suitable noncompetitive examination, and transfers to the
                competitive service within 1 year of the separation from the
                legislative or judicial branch. For the purpose of this
                subsection, an individual who has served for at least 2
                years in a position in the legislative branch described by
                paragraph (1) of this subsection and who is separated from
                that position to enter the armed forces is deemed to have
                held that position during his service in the armed forces.
                (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 418.)

    [[Page 593]]

                               Subchapter II.--Oath of Office

           432  Sec. 3333. Employee affidavit; loyalty and striking against
                    the Government.
                    (a) Except as provided by subsection (b) of this
                section, an individual who accepts office or employment in
                the Government of the United States or in the government of
                the District of Columbia shall execute an affidavit within
                60 days after accepting the office or employment that his
                acceptance and holding of the office or employment does not
                or will not violate section 7311 of this title. The
                affidavit is prima facie evidence that the acceptance and
                holding of office or employment by the affiant does not or
                will not violate section 7311 of this title.
                    (b) An affidavit is not required from an individual
                employed by the Government of the United States or the
                government of the District of Columbia for less than 60 days
                for sudden emergency work involving the loss of human life
                or the destruction of property. This subsection does not
                relieve an individual from liability for violation of
                section 7311 of this title. (Sept. 6, 1966, Pub. L. 89-554,
                80 Stat. 424.)

                               Chapter 55.--PAY ADMINISTRATION

                              Subchapter I.--General Provisions

           433  Sec. 5503. Recess appointments.\1\
                    (a) Payment for services may not be made from the
                Treasury of the United States to an individual appointed
                during a recess of the Senate to fill a vacancy in an
                existing office, if the vacancy existed while the Senate was
                in session and was by law required to be filled by and with
                the advice and consent of the Senate, until the appointee
                has been confirmed by the Senate. This subsection does not
                apply--
                    \1\For proceedings on nominations see rule XXXI of the
                    Standing Rules of the Senate (Senate Manual section 31).
                                (1) if the vacancy arose within 30 days
                            before the end of the session of the Senate;
                                (2) if, at the end of the session, a
                            nomination for the office, other than the
                            nomination of an individual appointed during the
                            preceding recess of the Senate, was pending
                            before the Senate for its advice and consent; or
                                (3) if a nomination for the office was
                            rejected by the Senate within 30 days before the
                            end of the session and an individual other than
                            the one whose nomination was rejected thereafter
                            receives a recess appointment.
                    (b) A nomination to fill a vacancy referred to by
                paragraph (1), (2), or (3) of subsection (a) of this section
                shall be submitted to the Senate not later than 40 days
                after the beginning of the next session of the Senate.
                (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 475.)
         433.1  Sec. 5531. Definitions.
                    (4) ``agency in the legislative branch'' means the
                General Accounting Office, the Government Printing Office,
                the Library of Congress, the Office of Technology
                Assessment, the Office of the Architect of the Capitol, the
                United States Botanic Garden, and the Congressional Budget
                Office;

    [[Page 594]]

                    (5) ``employee of the House of Representatives'' means a
                congressional employee whose pay is disbursed by the Clerk
                of the House of Representatives;
                    (6) ``employee of the Senate'' means a congressional
                employee whose pay is disbursed by the Secretary of the
                Senate; and
                    (7) ``congressional employee'' has the meaning given
                that term by section 2107 of this title, excluding an
                employee of an agency in the legislative branch. (Dec. 5,
                1991; Pub. L. 102-290; 105 Stat. 1391.)
         433.2  Sec. 5532. Employment of retired members of the uniformed
                    services; reduction in retired or retainer pay.
                    (i)(1) If warranted by circumstances described in
                subsection (g)(1) (A) or (B) (as applicable), an official or
                committee designated in paragraph (2) shall, with respect to
                the employees specified in the applicable subparagraph of
                such paragraph, have the same waiver authority as would be
                available to the Director of the Office of Personnel
                Management, or a duly authorized agency head, under
                subsection (g) with respect to an employee of an Executive
                agency.
                    (2) Authority under this subsection may be exercised--
                                (A) with respect to an employee of an agency
                            in the legislative branch, by the head of such
                            agency;
                                (B) with respect to an employee of the House
                            of Representatives, by the Speaker of the House
                            of Representatives; and
                                (C) with respect to an employee of the
                            Senate, by the Committee on Rules and
                            Administration of the Senate.
                    (3) Any exercise of authority under this subsection
                shall be in conformance with such written policies and
                procedures as the agency head, the Speaker of the House of
                Representatives, or the Committee on Rules and
                Administration of the Senate (as applicable) shall
                prescribe, consistent with the provisions of this
                subsection.
                    (j) For the purpose of subsections (g) through (i),
                ``Executive agency'' shall not include the General
                Accounting Office. (Dec. 5, 1991; Pub. L. 102-190; 105 Stat.
                1391.)
         433.3  Sec. 5533. Dual pay from more than one position;
                    limitations; exceptions.

                                        * * * * * * *

                    (c)(1) Unless otherwise authorized by law and except as
                otherwise provided by paragraph (2) or (4) of this
                subsection, appropriated funds are not available for payment
                to an individual of pay from more than one position if the
                pay of one of the positions is paid by the Secretary of the
                Senate or the Clerk of the House of Representatives, or one
                of the positions is under the Office of the Architect of the
                Capitol, and if the aggregate gross pay from the positions
                exceeds $7,724 a year ($10,540,\1\ in the case of pay
                disbursed by the Secretary of the Senate).
                    \1\Effective January 1, 1992, for individuals whose pay
                    is disbursed by the Secretary of the Senate, the figure
                    is ``$20,978''. (Dec. 18, 1991, Order of the President
                    pro tempore, pursuant to Act Jan. 8, 1971, Pub. L. 91-
                    656, Sec. 4, 84 Stat. 1952.)
                    (2) Notwithstanding paragraph (1) of this subsection,
                appropriated funds are not available for payment to an
                individual of pay from more than one position, for each of
                which the pay is disbursed by the Clerk of the House of
                Representatives, if the aggregate gross pay from those

    [[Page 595]]

                positions exceeds the maximum per annum gross rate of pay
                authorized to be paid to an employee out of the clerk hire
                allowance of a Member of the House.
                    (3) For the purposes of this subsection, ``gross pay''
                means the annual rate of pay (or equivalent thereof in the
                case of an individual paid on other than an annual basis)
                received by an individual.
                    (4) Paragraph (1) of this subsection does not apply to
                pay on a when-actually-employed basis received from more
                than one consultant or expert position if the pay is not
                received for the same day. (Sept. 6, 1966, Pub. L. 89-554,
                80 Stat. 483; July 28, 1967, Pub. L. 90-57, Sec. 105(h), 81
                Stat. 143; Dec. 16, 1967, Pub. L. 90-206, Sec. 214(o), 81
                Stat. 637; June 12, 1968, Order of President pro tempore,
                Cong. Rec. Vol. 114, p. S7074 (June 12, 1968, daily ed.),
                pursuant to Act Dec. 16, 1967, Pub. L. 90-206, Sec. 212, 81
                Stat. 634; Oct. 26, 1970, Pub. L. 91-510, Sec. 477, 84 Stat.
                1195; Nov. 1, 1973, Pub. L. 93-145, Sec. 101, 87 Stat. 532;
                Oct. 1, 1976, Pub. L. 94-440, Sec. 103, 90 Stat. 1443.)

                    Chapter 57.--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

         433.4  Sec. 5702. Per diem; employee traveling on official
                    business.
                    (a)(1) Under regulations prescribed pursuant to section
                5707 of this title, an employee when traveling on official
                business away from the employee's designated post of duty,
                or away from the employee's home or regular place of
                business (if the employee is described in section 5703 of
                this title), is entitled to any one of the following:
                                (A) a per diem allowance at a rate not to
                            exceed that established by the Administrator of
                            General Services for travel within the
                            continental United States, and by the President
                            or his designee for travel outside the
                            continental United States;
                                (B) reimbursement for the actual and
                            necessary expenses of official travel not to
                            exceed an amount established by the
                            Administrator for travel within the continental
                            United States or an amount established by the
                            President or his designee for travel outside the
                            continental United States; or
                                (C) a combination of payments described in
                            subparagraphs (A) and (B) of this paragraph.
                    (2) Any per diem allowance or maximum amount of
                reimbursement shall be established to the extent feasible,
                by locality.
                    (3) For travel consuming less than a full day, the
                payment prescribed by regulation shall be allocated in such
                manner as the Administrator may prescribe.
                    (b)(1) Under regulations prescribed under section 5707
                of this title, an employee who is described in subsection
                (a) of this section and who abandons the travel assignment
                prior to its completion--
                                (A) because of an incapacitating illness or
                            injury which is not due to the employee's own
                            misconduct is entitled to reimbursement for
                            expenses of transportation to the employee's
                            designated post of duty, or home or regular
                            place of business, as the case may be, and to
                            payments pursuant to subsection (a) of this
                            section until that location is reached; or
                                (B) because of a personal emergency
                            situation (such as serious illness, injury, or
                            death of a member of the employee's family, or
                            an emergency situation such as fire, flood, or
                            act of God), may

    [[Page 596]]

                            be allowed, with the approval of an appropriate
                            official of the agency concerned, reimbursement
                            for expenses of transportation to the employee's
                            designated post of duty, or home or regular
                            place of business, as the case may be, and
                            payments pursuant to subsection (a) of this
                            section until that location is reached.
                    (2)(A) Under regulations prescribed pursuant to section
                5707 of this title, an employee who is described in
                subsection (a) of this section and who, with the approval of
                an appropriate official of the agency concerned, interrupts
                the travel assignment prior to its completion for a reason
                specified in subparagraph (A) or (B) of paragraph (1) of
                this subsection, may be allowed (subject to the limitation
                provided in subparagraph (B) of this paragraph)--
                                (i) reimbursement for expenses of
                            transportation to the location where necessary
                            medical services are provided or the emergency
                            situation exists,
                                (ii) payments pursuant to subsection (a) of
                            this section until that location is reached, and
                                (iii) such reimbursement and payments for
                            return to such assignment.
                    (B) The reimbursement which an employee may be allowed
                pursuant to subparagraph (A) of this paragraph shall be the
                employee's actual costs of transportation to the location
                where necessary medical services are provided or the
                emergency exists, and return to assignment from such
                location, less the costs of transportation which the
                employee would have incurred had such travel begun and ended
                at the employee's designated post of duty or home or regular
                place of business, as the case may be. The payments which an
                employee may be allowed pursuant to subparagraph (A) of this
                paragraph shall be based on the additional time (if any)
                which was required for the employee's transportation as a
                consequence of the transportation's having begun and ended
                at a location on the travel assignment (rather than at the
                employee's designated post of duty, or home or regular place
                of business, as the case may be).
                    (3) Subject to the limitations contained in regulations
                prescribed pursuant to section 5707 of this title, an
                employee who is described in subsection (a) of this section
                and who interrupts the travel assignment prior to its
                completion because of an incapacitating illness or injury
                which is not due to the employee's own misconduct is
                entitled to payments pursuant to subsection (a) of this
                section at the location where the interruption occurred.
                    (c) This section does not apply to a justice or judge,
                except to the extent provided by section 456 of title 28.
                (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 498; Nov. 10, 1969,
                Pub. L. 91-114, Sec. 1, 83 Stat. 190; May 19, 1975, Pub. L.
                94-22, Sec. 3, 89 Stat. 84; Aug. 14, 1979, Pub. L. 96-54,
                Sec. 2(a)(36), 93 Stat. 383; Sept. 10, 1980, Pub. L. 96-346,
                Sec. 1, 94 Stat. 1148; Pub. L. 99-234, Sec. 102, Jan. 2,
                1986, 99 Stat. 1756; Pub. L. 102-378, Sec. 2(47), Oct. 2,
                1992, 106 Stat. 1353.)
         433.5  Sec. 5704. Mileage and related allowances.
                    (a)(1) Under regulations prescribed under section 5707
                of this title, an employee who is engaged on official
                business for the Government is entitled to a rate per mile
                established by the Administrator of General Services,
                instead of the actual expenses of transportation, for the
                use of a privately owned automobile when that mode of
                transportation is

    [[Page 597]]

                authorized or approved as more advantageous to the
                Government. In any year in which the Internal Revenue
                Service establishes a single standard mileage rate for
                optional use by taxpayers in computing the deductible costs
                of operating their automobiles for business purposes, the
                rate per mile established by the Administrator shall not
                exceed the single standard mileage rate established by the
                Internal Revenue Service.
                    (2) Under regulations prescribed under section 5707 of
                this title, an employee who is engaged on official business
                for the Government is entitled to a rate per mile
                established by the Administrator of General Services,
                instead of the actual expenses of transportation, for the
                use of privately owned airplane or a privately owned
                motorcycle when that mode of transportation is authorized or
                approved as more advantageous to the Government.
                    (b) A determination that travel by a privately owned
                vehicle is more advantageous to the Government is not
                required under subsection (a) of this section when payment
                on a mileage basis is limited to the cost of travel by
                common carrier including per diem.
                    (c) Notwithstanding the provisions of subsections (a)
                and (b) of this section, in any case in which an employee
                who is engaged on official business for the Government
                chooses to use a privately owned vehicle in lieu of a
                Government vehicle, payment on a mileage basis is limited to
                the cost of travel by a Government vehicle.
                    (d) In addition to the rate per mile authorized under
                subsection (a) of this section, the employee may be
                reimbursed for--
                                (1) parking fees;
                                (2) ferry fees;
                                (3) bridge, road, and tunnel costs; and
                                (4) airplane landing and tie-down fees.

                (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 499; May 19, 1975,
                Pub. L. 94-22, Sec. 5, 89 Stat. 85; Sept. 10, 1980, Pub. L.
                96-346, Sec. 2, 94 Stat. 1148; Sept. 30, 1994, Pub. L. 103-
                329, title VI, Sec. 634(a), 108 Stat. 2428.)

         433.6  Sec. 5706. Allowable travel expenses.
                    Except as otherwise permitted by this subchapter or by
                statutes relating to members of the uniformed services, only
                actual and necessary travel expenses may be allowed to an
                individual holding employment or appointment under the
                United States. (Sept. 6, 1966, Pub. L. 89-554, 80 Stat.
                500.)
         433.7  Sec. 5708. Effect on other statutes.
                    This subchapter does not modify or repeal--

                                        * * * * * * *

                                    (2) any statute providing for mileage
                                allowances for Members of Congress;

                                    (3) any statute fixing or permitting
                                rates higher than the maximum rates
                                established under this subchapter; or

                                    (4) any appropriation statute item for
                                examination of estimates in the field.

                (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 500.)

    [[Page 598]]

         433.8  Sec. 5742. Transportation of remains, dependents, and
                    effects; death occurring away from official station or
                    abroad.
                    (a) For the purpose of this section, ``agency'' means--

                                        * * * * * * *

                                (3) an agency in the legislative branch; and
                            . . . .
                    (b) When an employee dies, the head of the agency
                concerned, under the regulations prescribed by the President
                and, except as otherwise provided by law, may pay from
                appropriations available for the activity in which the
                employee was engaged--
                                (1) the expense of preparing and
                            transporting the remains to the home or official
                            station of the employee, or such other place
                            appropriate for interment as is determined by
                            the head of the agency concerned, if death
                            occurred while the employee was in a travel
                            status away from his official station in the
                            United States or while performing official
                            duties outside the United States or in transit
                            thereto or therefrom; and
                                (2) the expense of transporting his
                            dependents, including expenses of packing,
                            crating, draying, and transporting household
                            effects and other personal property to his
                            former home or such other place as is determined
                            by the head of the agency concerned, if death
                            occurred while the employee was performing
                            official duties outside the United States or in
                            transit thereto or therefrom. (Sept. 6, 1966,
                            Pub. L. 89-554, 80 Stat. 507.)

                       Chapter 73.--SUITABILITY, SECURITY, AND CONDUCT

                       Subchapter II.--Loyalty, Security, and Striking

           434  Sec. 7311. Loyalty and striking.
                    An individual may not accept or hold a position in the
                Government of the United States or the government of the
                District of Columbia if he--
                                (1) advocates the overthrow of our
                            constitutional form of government;
                                (2) is a member of an organization that he
                            knows advocates the overthrow of our
                            constitutional form of government;
                                (3) participates in a strike, or asserts the
                            right to strike, against the Government of the
                            United States or the government of the District
                            of Columbia; or
                                (4) is a member of an organization of
                            employees of the Government of the United States
                            or of individuals employed by the government of
                            the District of Columbia that he knows asserts
                            the right to strike against the Government of
                            the United States or the government of the
                            District of Columbia.

                (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 524.)

                        Subchapter IV.--Foreign Gifts and Decorations

         434.5  Sec. 7342. Receipt and disposition of foreign gifts and
                    decorations.
                    (a) For the purpose of this section--
                                (1) ``employee'' means--

    [[Page 599]]

                                    (A) an employee as defined by section
                                2105 of this title and an officer or
                                employee of the United States Postal Service
                                or of the Postal Rate Commission;

                                    (B) an expert or consultant who is under
                                contract under section 3109 of this title
                                with the United States or any agency,
                                department, or establishment thereof,
                                including, in the case of an organization
                                performing services under such section, any
                                individual involved in the performance of
                                such services;

                                    (C) an individual employed by, or
                                occupying an office or position in, the
                                government of a territory or possession of
                                the United States or the government of the
                                District of Columbia;

                                    (D) a member of a uniformed service;

                                    (E) the President and the Vice
                                President;

                                    (F) a Member of Congress as defined by
                                section 2106 of this title (except the Vice
                                President) and any Delegate to the Congress;
                                and

                                    (G) the spouse of an individual
                                described in subparagraphs (A) through (F)
                                (unless such individual and his or her
                                spouse are separated) or a dependent (within
                                the meaning of section 152 of the Internal
                                Revenue Code of 1954) of such an individual,
                                other than a spouse or dependent who is an
                                employee under subparagraphs (A) through
                                (F);

                                (2) ``foreign government'' means--

                                    (A) any unit of foreign governmental
                                authority, including any foreign national,
                                State, local, and municipal government;

                                    (B) any international or multinational
                                organization whose membership is composed of
                                any unit of foreign government described in
                                subparagraph (A); and

                                    (C) any agent or representative of any
                                such unit or such organization, while acting
                                as such;

                                (3) ``gift'' means a tangible or intangible
                            present (other than a decoration) tendered by,
                            or received from, a foreign government;
                                (4) ``decoration'' means an order, device,
                            medal, badge, insignia, emblem, or award
                            tendered by, or received from, a foreign
                            government;
                                (5) ``minimal value'' means a retail value
                            in the United States at the time of acceptance
                            of $100 or less, except that--

                                    (A) on January 1, 1981, and at 3-year
                                intervals thereafter, ``minimal value''
                                shall be redefined in regulations prescribed
                                by the Administrator of General Services, in
                                consultation with the Secretary of State, to
                                reflect changes in the consumer price index
                                for the immediately preceding 3-year period;
                                and

                                    (B) regulations of an employing agency
                                may define ``minimal value'' for its
                                employees to be less than the value
                                established under this paragraph; and

                                (6) ``employing agency'' means--

                                    (A) the Committee on Standards of
                                Official Conduct of the House of
                                Representatives, for Members and employees
                                of the House of Representatives, except that
                                those responsibilities specified in
                                subsections (c)(2)(A), (e)(1), and (g)(2)(B)
                                shall be carried out by the Clerk of the
                                House;

                                    (B) the Select Committee on Ethics of
                                the Senate, for Senators and employees of
                                the Senate, except that those
                                responsibilities

    [[Page 600]]

                                (other than responsibilities involving
                                approval of the employing agency) specified
                                in subsections (c)(2), (d) and (g)(2)(B)
                                shall be carried out by the Secretary of the
                                Senate;

                                    (C) the Administrative Office of the
                                United States Courts, for judges and
                                judicial branch employees; and

                                    (D) the department, agency, office, or
                                other entity in which an employee is
                                employed, for other legislative branch
                                employees and for all executive branch
                                employees.

                    (b) An employee may not--
                                (1) request or otherwise encourage the
                            tender of a gift or decoration; or
                                (2) accept a gift or decoration, other than
                            in accordance with the provisions of subsections
                            (c) and (d).
                    (c)(1) The Congress consents to--
                                (A) the accepting and retaining by an
                            employee of a gift of minimal value tendered and
                            received as a souvenir or mark of courtesy; and
                                (B) the accepting by an employee of a gift
                            of more than minimal value when such gift is in
                            the nature of an educational scholarship or
                            medical treatment or when it appears that to
                            refuse the gift would likely cause offense or
                            embarrassment or otherwise adversely affect the
                            foreign relations of the United States, except
                            that--

                                    (i) a tangible gift of more than minimal
                                value is deemed to have been accepted on
                                behalf of the United States and, upon
                                acceptance, shall become the property of the
                                United States; and

                                    (ii) an employee may accept gifts of
                                travel or expenses for travel taking place
                                entirely outside the United States (such as
                                transportation, food, and lodging) of more
                                than minimal value if such acceptance is
                                appropriate, consistent with the interests
                                of the United States, and permitted by the
                                employing agency and any regulations which
                                may be prescribed by the employing agency.

                    (2) Within 60 days after accepting a tangible gift of
                more than minimal value (other than a gift described in
                paragraph (1)(B)(ii)), an employee shall--
                                (A) deposit the gift for disposal with his
                            or her employing agency; or
                                (B) subject to the approval of the employing
                            agency, deposit the gift with that agency for
                            official use.

                Within 30 days after terminating the official use of a gift
                under subparagraph (B), the employing agency shall forward
                the gift to the Administrator of General Services in
                accordance with subsection (e)(1) or provide for its
                disposal in accordance with subsection (e)(2).

                    (3) When an employee deposits a gift of more than
                minimal value for disposal or for official use pursuant to
                paragraph (2), or within 30 days after accepting travel or
                travel expenses as provided in paragraph (1)(B)(ii) unless
                such travel or travel expenses are accepted in accordance
                with specific instructions of his or her employing agency,
                the employee shall file a statement with his or her
                employing agency or its delegate containing the information
                prescribed in subsection (f) for that gift.
                    (d) The Congress consents to the accepting, retaining,
                and wearing by an employee of a decoration tendered in
                recognition of active field

    [[Page 601]]

                service in time of combat operations or awarded for other
                outstanding or unusually meritorious performance, subject to
                the approval of the employing agency of such employee.
                Without this approval, the decoration is deemed to have been
                accepted on behalf of the United States, shall become the
                property of the United States, and shall be deposited by the
                employee, within sixty days of acceptance, with the
                employing agency for official use, for forwarding to the
                Administrator of General Services for disposal in accordance
                with subsection (e)(1), or for disposal in accordance with
                subsection (e)(2).
                    (e)(1) Except as provided in paragraph (2), gifts and
                decorations that have been deposited with an employing
                agency for disposal shall be (A) returned to the donor, or
                (B) forwarded to the Administrator of General Services for
                transfer, donation, or other disposal in accordance with the
                provisions of the Federal Property and Administrative
                Services Act of 1949. However, no gift or decoration that
                has been deposited for disposal may be sold without the
                approval of the Secretary of State, upon a determination
                that the sale will not adversely affect the foreign
                relations of the United States. Gifts and decorations may be
                sold by negotiated sale.
                    (2) Gifts and decorations received by a Senator or an
                employee of the Senate that are deposited with the Secretary
                of the Senate for disposal, or are deposited for an official
                use which has terminated, shall be disposed of by the
                Commission on Arts and Antiquities of the United States
                Senate. Any such gift or decoration may be returned by the
                Commission to the donor or may be transferred or donated by
                the Commission, subject to such terms and conditions as it
                may prescribe, (A) to an agency or instrumentality of (i)
                the United States, (ii) a State, territory, or possession of
                the United States, or a political subdivision of the
                foregoing, or (iii) the District of Columbia, or (B) to an
                organization described in section 501(c)(3) of the Internal
                Revenue Code of 1954 which is exempt from taxation under
                section 501(a) of such Code. Any such gift or decoration not
                disposed of as provided in the preceding sentence shall be
                forwarded to the Administrator of General Services for
                disposal in accordance with paragraph (1). If the
                Administrator does not dispose of such gift or decoration
                within one year, he shall, at the request of the Commission,
                return it to the Commission and the Commission may dispose
                of such gift or decoration in such manner as it considers
                proper, except that such gift or decoration may be sold only
                with the approval of the Secretary of State upon a
                determination that the sale will not adversely affect the
                foreign relations of the United States.
                    (f)(1) Not later than January 31 of each year, each
                employing agency or its delegate shall compile a listing of
                all statements filed during the preceding year by the
                employees of that agency pursuant to subsection (c)(3) and
                shall transmit such listing to the Secretary of State who
                shall publish a comprehensive listing of all such statements
                in the Federal Register.
                    (2) Such listings shall include for each tangible gift
                reported--
                                (A) the name and position of the employee;
                                (B) a brief description of the gift and the
                            circumstances justifying acceptance;
                                (C) the identity, if known, of the foreign
                            government and the name and position of the
                            individual who presented the gift;

    [[Page 602]]

                                (D) the date of acceptance of the gift;
                                (E) the estimated value in the United States
                            of the gift at the time of acceptance; and
                                (F) disposition or current location of the
                            gift.
                    (3) Such listings shall include for each gift of travel
                or travel expenses--
                                (A) the name and position of the employee;
                                (B) a brief description of the gift and the
                            circumstances justifying acceptance; and
                                (C) the identity, if known, of the foreign
                            government and the name and position of the
                            individual who presented the gift.
                    (4) In transmitting such listings for the Central
                Intelligence Agency, the Director of Central Intelligence
                may delete the information described in subparagraphs (A)
                and (C) of paragraphs (2) and (3) if the Director certifies
                in writing to the Secretary of State that the publication of
                such information could adversely affect United States
                intelligence sources.
                    (g)(1) Each employing agency shall prescribe such
                regulations as may be necessary to carry out the purpose of
                this section. For all employing agencies in the executive
                branch, such regulations shall be prescribed pursuant to
                guidance provided by the Secretary of State. These
                regulations shall be implemented by each employing agency
                for its employees.
                    (2) Each employing agency shall--
                                (A) report to the Attorney General cases in
                            which there is reason to believe that an
                            employee has violated this section;
                                (B) establish a procedure for obtaining an
                            appraisal; when necessary, of the value of
                            gifts; and
                                (C) take any other actions necessary to
                            carry out the purpose of this section.
                    (h) The Attorney General may bring a civil action in any
                district court of the United States against any employee who
                knowingly solicits or accepts a gift from a foreign
                government not consented to by this section or who fails to
                deposit or report such gift as required by this section. The
                court in which such action is brought may assess a penalty
                against such employee in any amount not to exceed the retail
                value of the gift improperly solicited or received plus
                $5,000.
                    (i) The President shall direct all Chiefs of a United
                States Diplomatic Mission to inform their host governments
                that it is a general policy of the United States Government
                to prohibit United States Government employees from
                receiving gifts or decorations of more than minimal value.
                    (j) Nothing in this section shall be construed to
                derogate any regulation prescribed by any employing agency
                which provides for more stringent limitations on the receipt
                of gifts and decorations by its employees.
                    (k) The provisions of this section do not apply to
                grants and other forms of assistance to which section 108A
                of the Mutual Educational and Cultural Exchange Act of 1961
                applies. (Sept. 11, 1967, Pub. L. 90-83, Sec. 1(45)(C), 81
                Stat. 208; Aug. 17, 1977, Pub. L. 95-105, Sec. 515, 91 Stat.
                862; Oct. 7, 1978, Pub. L. 95-426, Sec. 712(a)-(c), 92 Stat.
                994.)

    [[Page 603]]

                         Chapter 81.--COMPENSATION FOR WORK INJURIES

         434.6  Secs. 8101-8151.
                    Note.--Since it is not feasible to reproduce in the
                Senate Manual all the pertinent provisions of law relating
                to compensation for work injuries sustained by employees of
                the Congress, reference only is made here to those
                provisions. See sections 8101-8151 of title 5, United States
                Code.

                                   Chapter 83.--RETIREMENT

           435  Secs. 8331-8351 and sections 201-208 of the Federal
                    Employees' Retirement Contribution Temporary Adjustment
                    Act of 1983.
                    Note.--Since it is not feasible to reproduce in the
                Senate Manual all the pertinent provisions of law relating
                to retirement benefits of Members and employees of Congress,
                reference only is made here to those provisions. See
                subchapter III of chapter 83 of title 5, United States Code,
                and chapter 84 of such title (as added by the Federal
                Employees' Retirement System Act of 1986; Pub. L. 99-335,
                100 Stat. 514).

                                 Chapter 87.--LIFE INSURANCE

           436  Secs. 8701-8716.
                    Note.--Since it is not feasible to reproduce in the
                Senate Manual all the pertinent provisions of law relating
                to group life insurance for Members and employees of
                Congress, reference only is made here to those provisions.
                See sections 8701-8716 of title 5, United States Code.

                                Chapter 89.--HEALTH INSURANCE

           437  Secs. 8901-8914.
                    Note.--Since it is not feasible to reproduce in the
                Senate Manual all the pertinent provisions of law relating
                to health benefits of Members and employees of Congress,
                reference only is made here to those provisions. See
                sections 8901-8914 of title 5, United States Code.

                                         APPENDIX 2

           438                 Federal Advisory Committee Act

                (Oct. 6, 1972, Pub. L. 92-463, 86 Stat. 770; Sept. 13, 1976,
                Pub. L. 94-409, Sec. 5(c), 90 Stat. 1247; Dec. 12, 1980,
                Pub. L. 96-523, Sec. 2, 94 Stat. 3040; Dec. 21, 1982, Pub.
                L. 97-375, Sec. 201(c), 96 Stat. 1822).

                                         definitions
                    Sec. 3. For the purpose of this Act--
                                (1) The term ``Director'' means the Director
                            of the Office of Management and Budget.
                                (2) The term ``advisory committee'' means
                            any committee, board, commission, council,
                            conference, panel, task force, or other similar
                            group, or any subcommittee or other subgroup
                            thereof (hereafter in this paragraph referred to
                            as ``committee''), which is--

                                    (A) established by statute or
                                reorganization plan, or

                                    (B) established or utilized by the
                                President, or

                                    (C) established or utilized by one or
                                more agencies,

                        in the interest of obtaining advice or
                        recommendations for the President or one or more
                        agencies or officers of the Federal Government,
                        except that such term excludes (i) the Advisory
                        Commission on Intergovernmental Relations, (ii) the
                        Commission on Government

    [[Page 604]]

                        Procurement, and (iii) any committee which is
                        composed wholly of full-time officers or employees
                        of the Federal Government.
                                (3) The term ``agency'' has the same meaning
                            as in section 551(1) of title 5, United States
                            Code.
                                (4) The term ``Presidential advisory
                            committee'' means an advisory committee which
                            advises the President.
                                        applicability
                    Sec. 4. (a) The provisions of this Act or of any rule,
                order, or regulation promulgated under this Act shall apply
                to each advisory committee except to the extent that any Act
                of Congress establishing any such advisory committee
                specifically provides otherwise.
                    (b) Nothing in this Act shall be construed to apply to
                any advisory committee established or utilized by--
                                (1) the Central Intelligence Agency; or
                                (2) the Federal Reserve System.
                    (c) Nothing in this Act shall be construed to apply to
                any local civic group whose primary function is that of
                rendering a public service with respect to a Federal
                program, or any State or local committee, council, board,
                commission, or similar group established to advise or make
                recommendations to State or local officials or agencies.

                        responsibilities of congressional committees
                    Sec. 5. (a) In the exercise of its legislative review
                functions, each standing committee of the Senate and the
                House of Representatives shall make a continuing review of
                the activities of each advisory committee under its
                jurisdiction to determine whether such advisory committee
                should be abolished or merged with any other advisory
                committee, whether the responsibilities of such advisory
                committee should be revised, and whether such advisory
                committee performs a necessary function not already being
                performed. Each such standing committee shall take
                appropriate action to obtain the enactment of legislation
                necessary to carry out the purpose of this subsection.
                    (b) In considering legislation establishing, or
                authorizing the establishment of any advisory committee,
                each standing committee of the Senat and of the House of
                Representatives shall determine, and report such
                determination to the Senate or to the House of
                Representatives, as the case may be, whether the functions
                of the proposed advisory committee are being or could be
                performed by one or more agencies or by an advisory
                committee already in existence, or by enlarging the mandate
                of an existing advisory committee. Any such legislation
                shall--
                                (1) contain a clearly defined purpose for
                            the advisory committee;
                                (2) require the membership of the advisory
                            committee to be fairly balanced in terms of the
                            points of view represented and the functions to
                            be performed by the advisory committee;
                                (3) contain appropriate provisions to assure
                            that the advice and recommendations of the
                            advisory committee will not be inappropriately
                            influenced by the appointing authority or by any
                            special interest, but will instead be the result
                            of the advisory committee's independent
                            judgement;
                                (4) contain provisions dealing with
                            authorization of appropriations, the date for
                            submission of reports (if any), the duration of
                            the advisory committee, and the publication of
                            reports and other mate-

    [[Page 605]]

                            rials, to the extent that the standing committee
                            determines the provisions of section 10 of this
                            Act to be inadequate; and
                                (5) contain provisions which will assure
                            that the advisory committee will have adequate
                            staff (either supplied by an agency or employed
                            by it), will be provided adequate quarters, and
                            will have funds available to meet its other
                            necessary expenses.
                    (c) To the extent they are applicable, the guidelines
                set out in subsection (b) of this section shall be followed
                by the President, agency heads, or other Federal officials
                in creating an advisory committee.

                                        * * * * * * *

                      establishment and purpose of advisory committees
                    Sec. 9. (a) No advisory committee shall be established
                unless such establishment is--
                                (1) specifically authorized by statute or by
                            the President; or
                                (2) determined as a matter of formal record,
                            by the head of the agency involved after
                            consultation with the Director, with timely
                            notice published in the Federal Register, to be
                            in the public interest in connection with the
                            performance of duties imposed on that agency by
                            law.
                    (b) Unless otherwise specifically provided by statute or
                Presidential directive, advisory committees shall be
                utilized solely for advisory functions. Determinations of
                action to be taken and policy to be expressed with respect
                to matters upon which an advisory committee reports or makes
                recommendations shall be made solely by the President or an
                officer of the Federal Government.
                    (c) No advisory committee shall meet or take any action
                until an advisory committee charter has been filed with (1)
                the Director, in the case of Presidential advisory
                committees, or (2) with the head of the agency to whom any
                advisory committee reports and with the standing committees
                of the Senate and of the House of Representatives having
                legislative jurisdiction of such agency. Such charter shall
                contain the following information:
                                (A) the committee's official designation;
                                (B) the committee's objectives and the scope
                            of its activity;
                                (C) the period of time necessary for the
                            committee to carry out its purposes;
                                (D) the agency or official to whom the
                            committee reports;
                                (E) the agency responsible for providing the
                            necessary support for the committee;
                                (F) a description of the duties for which
                            the committee is responsible, and, if such
                            duties are not solely advisory, a specification
                            of the authority for such functions;
                                (G) the estimated annual operating costs in
                            dollars and man-years for such committee;
                                (H) the estimated number and frequency of
                            committee meetings;
                                (I) the committee's termination date, if
                            less than two years from the date of the
                            committee's establishment; and
                                (J) the date the charter is filed.

    [[Page 606]]

                A copy of any such charter shall also be furnished to the
                Library of Congress.

                                        * * * * * * *

                (Oct. 6, 1972, Pub. L. 92-463, 86 Stat. 770.)

                                         APPENDIX 6

           439     Financial Disclosure Requirements of Federal Personnel
         439.1  Sec. 101. Persons required to file.
                    (a) Within thirty days of assuming the position of an
                officer or employee described in subsection (f), an
                individual shall file a report containing the information
                described in section 102(b) unless the individual has left
                another position described in subsection (f) within thirty
                days prior to assuming such new position or has already
                filed a report under this title with respect to nomination
                for the new position or as a candidate for the position.
                    (b)(1) Within five days of the transmittal by the
                President to the Senate of the nomination of an individual
                (other than an individual nominated for appointment to a
                position as a Foreign Service Officer or a grade or rank in
                the uniformed services for which the pay grade prescribed by
                section 201 of title 37, United States Code, is O-6 or
                below) to a position, appointment to which requires the
                advice and consent of the Senate, such individual shall file
                a report containing the information described in section
                102(b). Such individual shall, not later than the date of
                the first hearing to consider the nomination of such
                individual, make current the report filed pursuant to this
                paragraph by filing the information required by section
                102(a)(1)(A) with respect to income and honoraria received
                as of the date which occurs five days before the date of
                such hearing. Nothing in this Act shall prevent any
                congressional committee from requesting, as a condition of
                confirmation, any additional financial information from any
                Presidential nominee whose nomination has been referred to
                that committee.
                    (2) An individual whom the President or the President-
                elect has publicly announced he intends to nominate to a
                position may file the report required by paragraph (1) at
                any time after that public announcement, but not later than
                is required under the first sentence of such paragraph.
                    (c) Within thirty days of becoming a candidate as
                defined in section 301 of the Federal Campaign Act of 1971,
                in a calendar year for nomination or election to the office
                of President, Vice President, or Member of Congress, or on
                or before May 15 of that calendar year, whichever is later,
                but in no event later than 30 days before the election, and
                on or before May 15 of each successive year an individual
                continues to be a candidate, an individual other than an
                incumbent President, Vice President, or Member of Congress
                shall file a report containing the information described in
                section 102(b). Notwithstanding the preceding sentence, in
                any calendar year in which an individual continues to be a
                candidate for any office but all elections for such office
                relating to such candidacy were held in prior calendar
                years, such individual need not file a report unless he
                becomes a candidate for another vacancy in that office or
                another office during that year.
                    (d) Any individual who is an officer or employee
                described in subsection (f) during any calendar year and
                performs the duties of his position or office for a period
                in excess of sixty days in that calendar

    [[Page 607]]

                year shall file on or before May 15 of the succeeding year a
                report containing the information described in section
                102(a).
                    (e) Any individual who occupies a position described in
                subsection (f) shall, on or before the thirtieth day after
                termination of employment in such position, file a report
                containing the information described in section 102(a)
                covering the preceding calendar year if the report required
                by subsection (d) has not been filed and covering the
                portion of the calendar year in which such termination
                occurs up to the date the individual left such office or
                position, unless such individual has accepted employment in
                another position described in subsection (f).
                    (f) The officers and employees referred to in
                subsections (a), (d), and (e) are--
                                (1) the President;
                                (2) the Vice President;
                                (3) each officer or employee in the
                            executive branch, including a special Government
                            employee as defined in section 202 of title 18,
                            United States Code, who occupies a position
                            classified above GS-15 of the General Schedule
                            or, in the case of positions not under the
                            General Schedule, for which the rate of basic
                            pay is equal to or greater than 120 percent of
                            the minimum rate of basic pay payable for GS-15
                            of the General Schedule; each member of a
                            uniformed service whose pay grade is at or in
                            excess of O-7 under section 201 of title 37,
                            United States Code; and each officer or employee
                            in any other position determined by the Director
                            of the Office of Government Ethics to be of
                            equal classification;
                                (4) each employee appointed pursuant to
                            section 3105 of title 5, United States Code;
                                (5) any employee not described in paragraph
                            (3) who is in a position in the executive branch
                            which is excepted from the competitive service
                            by reason of being of a confidential or
                            policymaking character, except that the Director
                            of the Office of Government Ethics may, by
                            regulation, exclude from the application of this
                            paragraph any individual, or group of
                            individuals, who are in such positions, but only
                            in cases in which the Director determines such
                            exclusion would not affect adversely the
                            integrity of the Government or the public's
                            confidence in the integrity of the Government;
                                (6) the Postmaster General, the Deputy
                            Postmaster General, each Governor of the Board
                            of Governors of the United States Postal Service
                            and each officer or employee of the United
                            States Postal Service or Postal Rate Commission
                            who occupies a position for which the rate of
                            basic pay is equal to or greater than 120
                            percent of the minimum rate of basic pay payable
                            for GS-15 of the General Schedule;
                                (7) the Director of the Office of Government
                            Ethics and each designated agency ethics
                            official;
                                (8) any civilian employee not described in
                            paragraph (3), employed in the Executive Office
                            of the President (other than a special
                            government employee) who holds a commission of
                            appointment from the President;
                                (9) a Member of Congress as defined under
                            section 109(12);
                                (10) an officer or employee of the Congress
                            as defined under section 109(13);
                                (11) a judicial officer as defined under
                            section 109(10); and

    [[Page 608]]

                                (12) a judicial employee as defined under
                            section 109(8).
                    (g)(1) Reasonable extensions of time for filing any
                report may be granted under procedures prescribed by the
                supervising ethics office for each branch, but the total of
                such extensions shall not exceed ninety days.
                    (2)(A) In the case of an individual who is serving in
                the Armed Forces, or serving in support of the Armed Forces,
                in an area while that area is designated by the President by
                Executive order as a combat zone for purposes of section 112
                of the Internal Revenue Code of 1986, the date for the
                filing of any report shall be extended so that the date is
                180 days after the later of--
                                (i) the last day of the individual's service
                            in such area during such designated perios; or
                                (ii) the last day of the individual's
                            hospitalization as a result of injury received
                            or disease contracted while serving in such
                            area.
                    (B) The Office of Government Ethics, in consultation
                with the Secretary of Defense, may prescribe procedures
                under this paragraph.
                    (h) The provisions of subsections (a), (b), and (e)
                shall not apply to an individual who, as determined by the
                designated agency ethics official or Secretary concerned (or
                in the case of a Presidential appointee under subsection
                (b), the Director of the Office of Government Ethics), the
                congressional ethics committees, or the Judicial Conference,
                is not reasonably expected to perform the duties of his
                office or position for more than sixty days in a calendar
                year, except that if such individual performs the duties of
                his office or position for more than sixty days in a
                calendar year--
                                (1) the report required by subsections (a)
                            and (b) shall be filed within fifteen days of
                            the sixtieth day, and
                                (2) the report required by subsection (e)
                            shall be filed as provided in such subsection.
                    (i) The supervising ethics office for each branch may
                grant a publicly available request for a waiver of any
                reporting requirement under this section for an individual
                who is expected to perform or has performed the duties of
                his office or position less than one hundred and thirty days
                in a calendar year, but only if the supervising ethics
                office determines that--
                                (1) such individual is not a full-time
                            employee of the Government,
                                (2) such individual is able to provide
                            services specially needed by the Government,
                                (3) it is unlikely that the individual's
                            outside employment or financial interests will
                            create a conflict of interest, and
                                (4) public financial disclosure by such
                            individual is not necessary in the
                            circumstances.

                (Pub. L. 95-521, Title I, Sec. 101, Oct. 26, 1978, 92 Stat.
                1824; Pub. L. 96-19, Secs. 2(a)(1), (b), (c)(1),
                4(b)(1), (d)-(f), 5, June 13, 1979, 93 Stat. 37, 38, 40;
                Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103
                Stat. 1725; Pub. L. 101-280, Sec. 3(1), (2), May 4, 1990,
                104 Stat. 152; Pub. L. 102-25, Title VI, Sec. 605(a), Apr.
                6, 1991, 105 Stat. 110; Pub. L. 102-378, Sec. 4(a)(1), Oct.
                2, 1992, 106 Stat. 1356.)

         439.2  Sec. 102. Contents of reports.
                    (a) Each report filed pursuant to section 101 (d) and
                (e) shall include a full and complete statement with respect
                to the following:
                                (1)(A) The source, type, and amount or value
                            of income (other than income referred to in
                            subparagraph (B)) from any source (other

    [[Page 609]]

                            than from current employment by the United
                            States Government), and the source, date, and
                            amount of honoraria from any source, received
                            during the preceding calendar year, aggregating
                            $200 or more in value and, effective January 1,
                            1991, the source, date, and amount of payments
                            made to charitable organizations in lieu of
                            honoraria, and the reporting individual shall
                            simultaneously file with the applicable
                            supervising ethics office, on a confidential
                            basis, a corresponding list of recipients of all
                            such payments, together with the dates and
                            amounts of such payments.
                                (B) The source and type of income which
                            consists of dividends, rents, interest, and
                            capital gains, received during the preceding
                            calendar year which exceeds $200 in amount or
                            value, and an indication of which of the
                            following categories the amount or value of such
                            item of income is within:

                                    (i) not more than $1,000,

                                    (ii) greater than $1,000 but not more
                                than $2,500,

                                    (iii) greater than $2,500 but not more
                                than $5,000,

                                    (iv) greater than $5,000 but not more
                                than $15,000,

                                    (v) greater than $15,000 but not more
                                than $50,000,

                                    (vi) greater than $50,000 but not more
                                than $100,000,

                                    (vii) greater than $100,000 but not more
                                than $1,000,000, or

                                    (viii) greater than $1,000,000.

                                (2)(A) The identity of the source, a brief
                            description, and the value of all gifts
                            aggregating more than the minimal value as
                            established by section 7342(a)(5) of title 5,
                            United States Code, or $250, whichever is
                            greater, received from any source other than a
                            relative of the reporting individual during the
                            preceding calendar year, except that any food,
                            lodging, or entertainment received as personal
                            hospitality of an individual need not be
                            reported, and any gift with a fair market value
                            of $100 or less, as adjusted at the same time
                            and by the same percentage as the minimal value
                            is adjusted, need not be aggregated for purposes
                            of this subparagraph.
                                (B) The identity of the source and a brief
                            description (including a travel itinerary,
                            dates, and nature of expenses provided) of
                            reimbursements received from any source
                            aggregating more than the minimal value as
                            established by section 7342(a)(5) of title 5,
                            United States Code, or $250, whichever is
                            greater and received during the preceding
                            calendar year.
                                (C) In an unusual case, a gift need not be
                            aggregated under subparagraph (A) if a publicly
                            available request for a waiver is granted.
                                (D) Redesignated (C).
                                (3) The identity and category of value of
                            any interest in property held during the
                            preceding calendar year in a trade or business,
                            or for investment or the production of income,
                            which has a fair market value which exceeds
                            $1,000 as of the close of the preceding calendar
                            year, excluding any personal liability owed to
                            the reporting individual by a spouse, or by a
                            parent, brother, sister, or child of the
                            reporting individual or of the reporting
                            individual's spouse, or any deposits aggregating
                            $5,000 or less in a personal savings account.
                            For purposes of this paragraph, a personal
                            savings account shall include any certificate of
                            deposit or any other form of deposit

    [[Page 610]]

                            in a bank, savings and loan association, credit
                            union, or similar financial institution.
                                (4) The identity and category of value of
                            the total liabilities owed to any creditor other
                            than a spouse, or a parent, brother, sister, or
                            child of the reporting individual or of the
                            reporting individual's spouse which exceed
                            $10,000 at any time during the preceding
                            calendar year, excluding--

                                    (A) any mortgage secured by real
                                property which is a personal residence of
                                the reporting individual or his spouse; and

                                    (B) any loan secured by a personal motor
                                vehicle, household furniture, or appliances,
                                which loan does not exceed the purchase
                                price of the item which secures it.

                        With respect to revolving charge accounts, only
                        those with an outstanding liability which exceeds
                        $10,000 as of the close of the preceding calendar
                        year need be reported under this paragraph.
                                (5) Except as provided in this paragraph, a
                            brief description, the date, and category of
                            value of any purchase, sale or exchange during
                            the preceding calendar year which exceeds
                            $1,000--

                                    (A) in real property, other than
                                property used solely as a personal residence
                                of the reporting individual or his spouse;
                                or

                                    (B) in stocks, bonds, commodities
                                futures, and other forms of securities.

                        Reporting is not required under this paragraph of
                        any transaction solely by and between the reporting
                        individual, his spouse, or dependent children.
                                (6)(A) The identity of all positions held on
                            or before the date of filing during the current
                            calendar year (and, for the first report filed
                            by an individual, during the two-year period
                            preceding such calendar year) as an officer,
                            director, trustee, partner, proprietor,
                            representative, employee, or consultant of any
                            corporation, company, firm, partnership, or
                            other business enterprise, any nonprofit
                            organization, any labor organization, or any
                            educational or other institution other than the
                            United States. This subparagraph shall not
                            require the reporting of positions held in any
                            religious, social, fraternal, or political
                            entity and positions solely of an honorary
                            nature.
                                (B) If any person, other than the United
                            States Government, paid a nonelected reporting
                            individual compensation in excess of $5,000 in
                            any of the two calendar years prior to the
                            calendar year during which the individual files
                            his first report under this title, the
                            individual shall include in the report--

                                    (i) the identity of each source of such
                                compensation; and

                                    (ii) a brief description of the nature
                                of the duties performed or services rendered
                                by the reporting individual for each such
                                source.

                        The preceding sentence shall not require any
                        individual to include in such report any information
                        which is considered confidential as a result of a
                        privileged relationship, established by law, between
                        such individual and any person nor shall it require
                        an individual to report any information with respect
                        to any person for whom services were provided by any
                        firm or association of which such individual was a
                        member, partner, or employee unless such individual
                        was directly involved in the provision of such
                        services.

    [[Page 611]]

                                (7) A description of the date, parties to,
                            and terms of any agreement or arrangement with
                            respect to (A) future employment; (B) a leave of
                            absence during the period of the reporting
                            individual's Government service; (C)
                            continuation of payments by a former employer
                            other than the United States Government; and (D)
                            continuing participation in an employee welfare
                            or benefit plan maintained by a former employer.
                    (b)(1) Each report filed pursuant to subsections (a),
                (b), and (c) of section 101 shall include a full and
                complete statement with respect to the information required
                by--
                                (A) paragraph (1) of subsection (a) for the
                            year of filing and the preceding calendar year.
                                (B) paragraphs (3) and (4) of subsection (a)
                            as of the date specified in the report but which
                            is less than thirty-one days before the filing
                            date, and
                                (C) paragraphs (6) and (7) of subsection (a)
                            as of the filing date but for periods described
                            in such paragraphs.
                    (2)(A) In lieu of filling out one or more schedules of a
                financial disclosure form, an individual may supply the
                required information in an alternative format, pursuant to
                either rules adopted by the supervising ethics office for
                the branch in which such individual serves or pursuant to a
                specific written determination by such office for a
                reporting individual.
                    (B) In lieu of indicating the category of amount or
                value of any item contained in any report filed under this
                title, a reporting individual may indicate the exact dollar
                amount of such item.
                    (c) In the case of any individual described in section
                101(e), any reference to the preceding calendar year shall
                be considered also to include that part of the calendar year
                of filing up to the date of the termination of employment.
                    (d)(1) The categories for reporting the amount or value
                of the items covered in paragraphs (3), (4), and (5) of
                subsection (a) are as follows:
                                (A) not more than $15,000;
                                (B) greater than $15,000 but not more than
                            $50,000;
                                (C) greater than $50,000 but not more than
                            $100,000;
                                (D) greater than $100,000 but not more than
                            $250,000;
                                (E) greater than $250,000 but not more than
                            $500,000;
                                (F) greater than $500,000 but not more than
                            $1,000,000; and
                                (G) greater than $1,000,000.
                    (2) For the purposes of paragraph (3) of subsection (a)
                if the current value of an interest in real property (or an
                interest in a real estate partnership) is not ascertainable
                without an appraisal, an individual may list (A) the date of
                purchase and the purchase price of the interest in the real
                property, or (B) the assessed value of the real property for
                tax purposes, adjusted to reflect the market value of the
                property used for the assessment if the assessed value is
                computed at less than 100 percent of such market value, but
                such individual shall include in his report a full and
                complete description of the method used to determine such
                assessed value, instead of specifying a category of value
                pursuant to paragraph (1) of this subsection. If the current
                value of any other item required to be reported under
                paragraph (3) of subsection (a) is not ascertainable without
                an appraisal, such individual may list the book value of a
                corporation whose stock is not publicly traded,

    [[Page 612]]

                the net worth of a business partnership, the equity value of
                an individually owned business, or with respect to other
                holdings, any recognized indication of value, but such
                individual shall include in his report a full and complete
                description of the method used in determining such value. In
                lieu of any value referred to in the preceding sentence, an
                individual may list the assessed value of the item for tax
                purposes, adjusted to reflect the market value of the item
                used for the assessment if the assessed value is computed at
                less than 100 percent of such market value, but a full and
                complete description of the method used in determining such
                assessed value shall be included in the report.
                    (e)(1) Except as provided in the last sentence of this
                paragraph, each report required by section 101 shall also
                contain information listed in paragraphs (1) through (5) of
                subsection (a) of this section respecting the spouse or
                dependent child of the reporting individual as follows:
                                (A) The source of items of earned income
                            earned by a spouse from any person which exceeds
                            $1,000 and the source and amount of any
                            honoraria received by a spouse, except that,
                            with respect to earned income (other than
                            honoraria), if the spouse is self-employed in
                            business or a profession, only the nature of
                            such business or profession need be reported.
                                (B) All information required to be reported
                            in subsection (a)(1)(B) with respect to income
                            derived by a spouse or dependent child from any
                            asset held by the spouse or dependent child and
                            reported pursuant to subsection (a)(3).
                                (C) In the case of any gifts received by a
                            spouse or dependent child which are not received
                            totally independent of the relationship of the
                            spouse or dependent child to the reporting
                            individual, the identity of the source and a
                            brief description of gifts of transportation,
                            lodging, food, or entertainment and a brief
                            description and the value of other gifts.
                                (D) In the case of any reimbursements
                            received by a spouse or dependent child which
                            are not received totally independent of the
                            relationship of the spouse or dependent child to
                            the reporting individual, the identity of the
                            source and a brief description of each such
                            reimbursement.
                                (E) In the case of items described in
                            paragraphs (3) through (5) of subsection (a),
                            all information required to be reported under
                            these paragraphs other than items (i) which the
                            reporting individual certifies represent the
                            spouse's or dependent child's sole financial
                            interest or responsibility and which the
                            reporting individual has no knowledge of, (ii)
                            which are not in any way, past or present,
                            derived from the income, assets, or activities
                            of the reporting individual, and (iii) from
                            which the reporting individual neither derives,
                            nor expects to derive, any financial or economic
                            benefit.

                Reports required by subsections (a), (b), and (c) of section
                101 shall, with respect to the spouse and dependent child of
                the reporting individual, only contain information listed in
                paragraphs (1), (3), and (4) of subsection (a), as specified
                in this paragraph.

                    (2) No report shall be required with respect to a spouse
                living separate and apart from the reporting individual with
                the intention of terminating the marriage or providing for
                permanent separation; or with respect to any income or
                obligations of an individual arising from the dissolution of
                his marriage or the permanent separation from his spouse.

    [[Page 613]]

                    (f)(1) Except as provided in paragraph (2), each
                reporting individual shall report the information required
                to be reported pursuant to subsections (a), (b), and (c) of
                this section with respect to the holdings of and the income
                from a trust or other financial arrangement from which
                income is received by, or with respect to which a beneficial
                interest in principal or income is held by, such individual,
                his spouse, or any dependent child.
                    (2) A reporting individual need not report the holdings
                of or the source of income from any of the holdings of--
                                (A) any qualified blind trust (as defined in
                            paragraph (3));
                                (B) a trust--

                                    (i) which was not created directly by
                                such individual, his spouse, or any
                                dependent child, and

                                    (ii) the holdings or sources of income
                                of which such individual, his spouse, and
                                any dependent child have no knowledge of; or

                                (C) an entity described under the provisions
                            of paragraph (8), but such individual shall
                            report the category of the amount of income
                            received by him, his spouse, or any dependent
                            child from the trust or other entity under
                            subsection (a)(1)(B) of this section.
                    (3) For purposes of this subsection, the term
                ``qualified blind trust'' includes any trust in which a
                reporting individual, his spouse, or any minor or dependent
                child has a beneficial interest in the principal or income,
                and which meets the following requirements:
                                (A)(i) The trustee of the trust and any
                            other entity designated in the trust instrument
                            to perform fiduciary duties is a financial
                            institution, an attorney, a certified public
                            accountant, a broker, or an investment advisor
                            who--

                                    (I) is independent of and not associated
                                with any interested party so that the
                                trustee or other person cannot be controlled
                                or influenced in the administration of the
                                trust by any interested party;

                                    (II) is not and has not been an employee
                                of or affiliated with any interested party
                                and is not a partner of, or involved in any
                                joint venture or other investment with, any
                                interested party; and

                                    (III) is not a relative of any
                                interested party.

                                (ii) Any officer or employee of a trustee or
                            other entity who is involved in the management
                            or control of the trust--

                                    (I) is independent of and not associated
                                with any interested party so that such
                                officer or employee cannot be controlled or
                                influenced in the administration of the
                                trust by any interested party;

                                    (II) is not a partner of, or involved in
                                any joint venture or other investment with,
                                any interested party; and

                                    (III) is not a relative of any
                                interested party.

                                (B) Any asset transferred to the trust by an
                            interested party is free of any restriction with
                            respect to its transfer or sale unless such
                            restriction is expressly approved by the
                            supervising ethics office of the reporting
                            individual.
                                (C) The trust instrument which establishes
                            the trust provides that--

    [[Page 614]]

                                    (i) except to the extent provided in
                                subparagraph (B) of this paragraph, the
                                trustee in the exercise of his authority and
                                discretion to manage and control the assets
                                of the trust shall not consult or notify any
                                interested party;

                                    (ii) the trust shall not contain any
                                asset the holding of which by an interested
                                party is prohibited by any law or
                                regulation;

                                    (iii) the trustee shall promptly notify
                                the reporting individual and his supervising
                                ethics office when the holdings of any
                                particular asset transferred to the trust by
                                any interested party are disposed of or when
                                the value of such holding is less than
                                $1,000;

                                    (iv) the trust tax return shall be
                                prepared by the trustee or his designee, and
                                such return and any information relating
                                thereto (other than the trust income
                                summarized in appropriate categories
                                necessary to complete an interested party's
                                tax return), shall not be disclosed to any
                                interested party;

                                    (v) an interested party shall not
                                receive any report on the holdings and
                                sources of income of the trust, except a
                                report at the end of each calendar quarter
                                with respect to the total cash value of the
                                interest of the interested party in the
                                trust or the net income or loss of the trust
                                or any reports necessary to enable the
                                interested party to complete an individual
                                tax return required by law or to provide the
                                information required by subsection (a)(1) of
                                this section, but such report shall not
                                identify any asset or holding;

                                    (vi) except for communications which
                                solely consist of requests for distributions
                                of cash or other unspecified assets of the
                                trust, there shall be no direct or indirect
                                communication between the trustee and an
                                interested party with respect to the trust
                                unless such communication is in writing and
                                unless it relates only (I) to the general
                                financial interest and needs of the
                                interested party (including, but not limited
                                to, an interest in maximizing income or
                                long-term capital gain), (II) to the
                                notification of the trustee of a law or
                                regulation subsequently applicable to the
                                reporting individual which prohibits the
                                interested party from holding an asset,
                                which notification directs that the asset
                                not be held by the trust, or (III) to
                                directions to the trustee to sell all of an
                                asset initially placed in the trust by an
                                interested party which in the determination
                                of the reporting individual creates a
                                conflict of interest or the appearance
                                thereof due to the subsequent assumption of
                                duties by the reporting individual (but
                                nothing herein shall require any such
                                direction); and

                                    (vii) the interested parties shall make
                                no effort to obtain information with respect
                                to the holdings of the trust, including
                                obtaining a copy of any trust tax return
                                filed or any information relating thereto
                                except as otherwise provided in this
                                subsection.

                                (D) The proposed trust instrument and the
                            proposed trustee is approved by the reporting
                            individual's supervising ethics office.
                                (E) For purposes of this subsection,
                            ``interested party'' means a reporting
                            individual, his spouse, and any minor or
                            dependent child; ``broker'' has the meaning set
                            forth in section 3(a)(4) of the Securities and
                            Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
                            ``investment adviser'' includes any investment
                            adviser who, as determined under

    [[Page 615]]

                            regulations prescribed by the supervising ethics
                            office, is generally involved in his role as
                            such an adviser in the management or control of
                            trusts.
                                (F) Any trust qualified by a supervising
                            ethics office before the effective date of title
                            II of the Ethics Reform Act of 1989 shall
                            continue to be governed by the law and
                            regulations in effect immediately before such
                            effective date.
                    (4)(A) An asset placed in a trust by an interested party
                shall be considered a financial interest of the reporting
                individual, for the purposes of any applicable conflict of
                interest statutes, regulations, or rules of the Federal
                Government (including section 208 of title 18, United States
                Code), until such time as the reporting individual is
                notified by the trustee that such asset has been disposed
                of, or has a value of less than $1,000.
                    (B)(i) The provisions of subparagraph (A) shall not
                apply with respect to a trust created for the benefit of a
                reporting individual, or the spouse, dependent child, or
                minor child of such a person, if the supervising ethics
                office for such reporting individual finds that--
                                (I) the assets placed in the trust consist
                            of a well-diversified portfolio of readily
                            marketable securities;
                                (II) none of the assets consist of
                            securities of entities having substantial
                            activities in the area of the reporting
                            individual's primary area of responsibility;
                                (III) the trust instrument prohibits the
                            trustee, notwithstanding the provisions of
                            paragraph (3)(C) (iii) and (iv) of this
                            subsection, from making public or informing any
                            interested party of the sale of any securities;
                                (IV) the trustee is given power of attorney,
                            notwithstanding the provisions of paragraph
                            (3)(C)(v) of this subsection, to prepare on
                            behalf of any interested party the personal
                            income tax returns and similar returns which may
                            contain information relating to the trust; and
                                (V) except as otherwise provided in this
                            paragraph, the trust instrument provides (or in
                            the case of a trust established prior to the
                            effective date of this Act which by its terms
                            does not permit amendment, the trustee, the
                            reporting individual, and any other interested
                            party agree in writing) that the trust shall be
                            administered in accordance with the requirements
                            of this subsection and the trustee of such trust
                            meets the requirements of paragraph (3)(A).
                    (ii) In any instance covered by subparagraph (B) in
                which the reporting individual is an individual whose
                nomination is being considered by a congressional committee,
                the reporting individual shall inform the congressional
                committee considering his nomination before or during the
                period of such individual's confirmation hearing of his
                intention to comply with this paragraph.
                    (5)(A) The reporting individual shall, within thirty
                days after a qualified blind trust is approved by his
                supervising ethics office, file with such office a copy of--
                                (i) the executed trust instrument of such
                            trust (other than those provisions which relate
                            to the testamentary disposition of the trust
                            assets), and

    [[Page 616]]

                                (ii) a list of the assets which were
                            transferred to such trust, including the
                            category of value of each asset as determined
                            under subsection (d) of this section.

                This subparagraph shall not apply with respect to a trust
                meeting the requirements for being considered a qualified
                blind trust under paragraph (7) of this subsection.

                    (B) The reporting individual shall, within thirty days
                of transferring an asset (other than cash) to a previously
                established qualified blind trust, notify his supervising
                ethics office of the identity of each such asset and the
                category of value of each asset as determined under
                subsection (d) of this section.
                    (C) Within thirty days of the dissolution of a qualified
                blind trust, a reporting individual shall--
                                (i) notify his supervising ethics office of
                            such dissolution, and
                                (ii) file with such office a copy of a list
                            of the assets of the trust at the time of such
                            dissolution and the category of value under
                            subsection (d) of this section of each such
                            asset.
                    (D) Documents filed under subparagraphs (A), (B), and
                (C) of this paragraph and the lists provided by the trustee
                of assets placed in the trust by an interested party which
                have been sold shall be made available to the public in the
                same manner as a report is made available under section 105
                and the provisions of that section shall apply with respect
                to such documents and lists.
                    (E) A copy of each written communication with respect to
                the trust under paragraph (3)(C)(vi) shall be filed by the
                person initiating the communication with the reporting
                individual's supervising ethics office within five days of
                the date of the communication.
                    (6)(A) A trustee of a qualified blind trust shall not
                knowingly and willfully, or negligently, (i) disclose any
                information to an interested party with respect to such
                trust that may not be disclosed under paragraph (3) of this
                subsection; (ii) acquire any holding the ownership of which
                is prohibited by the trust instrument; (iii) solicit advice
                from any interested party with respect to such trust, which
                solicitation is prohibited by paragraph (3) of this
                subsection or the trust agreement; or (iv) fail to file any
                document required by this subsection.
                    (B) A reporting individual shall not knowingly and
                willfully, or negligently, (i) solicit or receive any
                information with respect to a qualified blind trust of which
                he is an interested party that may not be disclosed under
                paragraph (3)(C) of this subsection; or (ii) fail to file
                any document required by this subsection.
                    (C)(i) The Attorney General may bring a civil action in
                any appropriate United States district court against any
                individual who knowingly and willfully violates the
                provisions of subparagraph (A) or (B) of this paragraph. The
                court in which such action is brought may assess against
                such individual a civil penalty in any amount not to exceed
                $10,000.
                    (ii) The Attorney General may bring a civil action in
                any appropriate United States district court against any
                individual who negligently violates the provisions of
                subparagraph (A) or (B) of this paragraph. The court in
                which such action is brought may assess against such
                individual a civil penalty in any amount not to exceed
                $5,000.
                    (7) Any trust may be considered to be a qualified blind
                trust if--
                                (A) the trust instrument is amended to
                            comply with the requirements of paragraph (3)
                            or, in the case of a trust instrument which

    [[Page 617]]

                            does not by its terms permit amendment, the
                            trustee, the reporting individual, and any other
                            interested party agree in writing that the trust
                            shall be administered in accordance with the
                            requirements of this subsection and the trustee
                            of such trust meets the requirements of
                            paragraph (3)(A); except that in the case of any
                            interested party who is a dependent child, a
                            parent or guardian of such child may execute the
                            agreement referred to in this subparagraph;
                                (B) a copy of the trust instrument (except
                            testamentary provisions) and a copy of the
                            agreement referred to in subparagraph (A), and a
                            list of the assets held by the trust at the time
                            of approval by the supervising ethics office,
                            including the category of value of each asset as
                            determined under subsection (d) of this section,
                            are filed with such office and made available to
                            the public as provided under paragraph (5)(D) of
                            this subsection; and
                                (C) the supervising ethics office determines
                            that approval of the trust arrangement as a
                            qualified blind trust is in the particular case
                            appropriate to assure compliance with applicable
                            laws and regulations.
                    (8) A reporting individual shall not be required to
                report the financial interest held by a widely held
                investment fund (whether such fund is a mutual fund,
                regulated investment company, pension or deferred
                compensation plan, or other investment fund), if--
                                (A)(i) the fund is publicly traded; or
                                (ii) the assets of the fund are widely
                            diversified; and
                                (B) the reporting individual neither
                            exercises control over nor has the ability to
                            exercise control over the financial interests
                            held by the fund.
                    (g) Political campaign funds, including campaign
                receipts and expenditures, need not be included in any
                report filed pursuant to this title.
                    (h) A report filed pursuant to subsection (a), (d), or
                (e) of section 101 need not contain the information
                described in subparagraphs (A), (B), and (C) of subsection
                (a)(2) with respect to gifts and reimbursements received in
                a period when the reporting individual was not an officer or
                employee of the Federal Government.
                    (i) a reporting individual shall not be required under
                this title to report--
                                (1) financial interests in or income derived
                            from--

                                    (A) any retirement system under title 5,
                                United States Code (including the Thrift
                                Savings Plan under subchapter III of chapter
                                84 of such title); or

                                    (B) any other retirement system
                                maintained by the United States for officers
                                or employees of the United States, including
                                the President, or for members of the
                                uniformed services; or

                                (2) benefits received under the Social
                            Security Act.

                (Pub. L. 95-521, Title I, Sec. 102, Oct. 26, 1978, 92 Stat.
                1825; Pub. L. 96-19, Secs. 3(a)(1), (b), 6(a), 7(a)-
                (d)(1), (f), 9(b), (c)(1), (j), June 13, 1979, 93 Stat. 39-
                43; Pub. L. 97-51, Sec. 130(b), Oct. 1, 1981, 95 Stat. 966;
                Pub. L. 98-150, Sec. 10, Nov. 11, 1983, 97 Stat. 962; Pub.
                L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103 Stat.
                1727; Pub. L. 101-280, Sec. 3(3), May 4, 1990, 104 Stat.
                152; Pub. L. 102-90, Title III, Sec. 314(a), Aug. 14, 1991,
                105 Stat. 469.)

    [[Page 618]]

         439.3  Sec. 103. Filing of reports.
                    (a) Except as otherwise provided in this section, the
                reports required under this title shall be filed by the
                reporting individual with the designated agency ethics
                official at the agency by which he is employed (or in the
                case of an individual described in section 101(e), was
                employed) or in which he will serve. The date any report is
                received (and the date of receipt of any supplemental
                report) shall be noted on such report by such official.
                    (b) The President, the Vice President, and independent
                counsel and persons appointed by independent counsel under
                chapter 40 of title 28, United States Code, shall file
                reports required under this title with the Director of the
                Office of Government Ethics.
                    (c) Copies of the reports required to be filed under
                this title by the Postmaster General, the Deputy Postmaster
                General, the Governors of the Board of Governors of the
                United States Postal Service, designated agency ethics
                officials, employees described in section 105(a)(2) (A) or
                (B), 106(a)(1) (A) or (B), or 107 (a)(1)(A) or (b)(1)(A)(i),
                of title 3, United States Code, candidates for the office of
                President or Vice President and officers and employees in
                (and nominees to) offices or positions which require
                confirmation by the Senate or by both Houses of Congress
                other than individuals nominated to be judicial officers and
                those referred to in subsection (f) shall be transmitted to
                the Director of the Office of Government Ethics. The
                Director shall forward a copy of the report of each nominee
                to the congressional committee considering the nomination.
                    (d) Reports required to be filed under this title by the
                Director of the Office of Government Ethics shall be filed
                in the Office of Government Ethics and, immediately after
                being filed, shall be made available to the public in
                accordance with this title.
                    (e) Each individual identified in section 101(c) who is
                a candidate for nomination or election to the Office of
                President or Vice President shall file the reports required
                by this title with the Federal Election Commission.
                    (f) Reports required of members of the uniformed
                services shall be filed with the Secretary concerned.
                    (g) Each supervising ethics office shall develop and
                make available forms for reporting the information required
                by this title.
                    (h)(1) The reports required under this title shall be
                filed by a reporting individual with--
                                (A)(i)(I) the Clerk of the House of
                            Representatives, in the case of a Representative
                            in Congress, a Delegate to Congress, the
                            Resident Commissioner from Puerto Rico, an
                            officer or employee of the Congress whose
                            compensation is disbursed by the Clerk of the
                            House of Representatives, an officer or employee
                            of the Architect of the Capitol, the United
                            States Botanic Garden, the Congressional Budget
                            Office, the Government Printing Office, the
                            Library of Congress, or the Copyright Royalty
                            Tribunal (including any individual terminating
                            service, under section 101(e), in any office or
                            position referred to in this subclause), or an
                            individual described in section 101(c) who is a
                            candidate for nomination or election as a
                            Representative in Congress, a Delegate to
                            Congress, or the Resident Commissioner from
                            Puerto Rico; and

    [[Page 619]]

                                (II) the Secretary of the Senate, in the
                            case of a Senator, an officer or employee of the
                            Congress whose compensation is disbursed by the
                            Secretary of the Senate, an officer or employee
                            of the General Accounting Office, the Office of
                            Technology Assessment, or the Office of the
                            Attending Physician (including any individual
                            terminating service, under section 101(e), in
                            any office or position referred to in this
                            subclause), or an individual described in
                            section 101(c) who is a candidate for nomination
                            or election as a Senator; and
                                (ii) in the case of an officer or employee
                            of the Congress as described under section
                            101(f)(10) who is employed by an agency or
                            commission established in the legislative branch
                            after the date of the enactment of the Ethics
                            Reform Act of 1989--

                                    (I) the Secretary of the Senate or the
                                Clerk of the House of Representatives, as
                                the case may be, as designated in the
                                statute establishing such agency or
                                commission; or

                                    (II) if such statute does not designate
                                such committee, the Secretary of the Senate
                                for agencies and commissions established in
                                even numbered calendar years, and the Clerk
                                of the House of Representatives for agencies
                                and commissions established in odd numbered
                                calendar years; and

                                (B) the Judicial Conference with regard to a
                            judicial officer or employee described under
                            paragraphs (11) and (12) of section 101(f)
                            (including individuals terminating service in
                            such office or position under section 101(e) or
                            immediately preceding service in such office or
                            position).
                    (2) The date any report is received (and the date of
                receipt of any supplemental report) shall be noted on such
                report by such committee.
                    (i) A copy of each report filed under this title by a
                Member or an individual who is a candidate for the office of
                Member shall be sent by the Clerk of the House of
                Representatives or Secretary of the Senate, as the case may
                be, to the appropriate State officer designated under
                section 316(a) of the Federal Election Campaign Act of 1971
                of the State represented by the Member or in which the
                individual is a candidate, as the case may be, within the
                30-day period beginning on the day the report is filed with
                the Clerk or Secretary.
                    (j)(1) A copy of each report filed under this title with
                the Clerk of the House of Representatives shall be sent by
                the Clerk to the Committee on Standards of Official Conduct
                of the House of Representatives within the 7-day period
                beginning on the day the report is filed.
                    (2) A copy of each report filed under this title with
                the Secretary of the Senate shall be sent by the Secretary
                to the Select Committee on Ethics of the Senate within the
                7-day period beginning on the day the report is filed.
                    (k) In carrying out their responsibilities under this
                title with respect to candidates for office, the Clerk of
                the House of Representatives and the Secretary of the Senate
                shall avail themselves of the assistance of the Federal
                Election Commission. The Commission shall make available to
                the Clerk and the Secretary on a regular basis a complete
                list of names and addresses of all candidates registered
                with the Commission, and shall cooperate and coordinate its
                candidate information and notification program with the
                Clerk and the Secretary to the greatest extent possible.
                (Pub. L. 95-521, Title I, Sec.  103, Oct. 26, 1978, 92 Stat.
                1831; Pub. L. 96-19, Secs.  4(b)(2), 9(a), June 13,
                1979, 93 Stat.

    [[Page 620]]

                40, 42; Pub. L. 101-194, Title II, Sec.  202, Nov. 30, 1989,
                103 Stat. 1736; Pub. L. 101-280, Sec.  3(1), (4), May 4,
                1990, 104 Stat. 152, 153; Pub. L. 102-90, Title III, Sec.
                313(1), Aug. 14, 1991, 105 Stat. 469.)
         439.4  Sec. 104. Failure to file or filing false reports.
                    (a) The Attorney General may bring a civil action in any
                appropriate United States district court against any
                individual who knowingly and willfully falsifies or who
                knowingly and willfully fails to file or report any
                information that such individual is required to report
                pursuant to section 102. The court in which such action is
                brought may assess against such individual a civil penalty
                in any amount, not to exceed $10,000.
                    (b) The head of each agency, each Secretary concerned,
                the Director of the Office of Government Ethics, each
                congressional ethics committee, or the Judicial Conference,
                as the case may be, shall refer to the Attorney General the
                name of any individual which such official or committee has
                reasonable cause to believe has willfully failed to file a
                report or has willfully falsified or willfully failed to
                file information required to be reported. Whenever the
                Judicial Conference refers a name to the Attorney General
                under this subsection, the Judicial Conference also shall
                notify the judicial council of the circuit in which the
                named individual serves of the referral.
                    (c) The President, the Vice President, the Secretary
                concerned, the head of each agency, the Office of Personnel
                Management, a congressional ethics committee, and the
                Judicial Conference, may take any appropriate personnel or
                other action in accordance with applicable law or regulation
                against any individual failing to file a report or
                falsifying or failing to report information required to be
                reported.
                    (d)(1) Any individual who files a report required to be
                filed under this title more than 30 days after the later
                of--
                                (A) the date such report is required to be
                            filed pursuant to the provisions of this title
                            and the rules and regulations promulgated
                            thereunder; or
                                (B) if a filing extension is granted to such
                            individual under section 101(g), the last day of
                            the filing extension period,

                shall, at the direction of and pursuant to regulations
                issued by the supervising ethics office, pay a filing fee of
                $200. All such fees shall be deposited in the miscellaneous
                receipts of the Treasury. The authority under this paragraph
                to direct the payment of a filing fee may be delegated by
                the supervising ethics office in the executive branch to
                other agencies in the executive branch.

                    (2) The supervising ethics office may waive the filing
                fee under this subsection in extraordinary circumstances.
                (Pub. L. 95-521, Title I, Sec. 104, Oct. 26, 1978, 92 Stat.
                1832; Pub. L. 96-19, Sec. 8(a), June 13, 1979, 93 Stat. 41;
                Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103
                Stat. 1737; Pub. L. 101-280, Sec. 3(1), (5), May 4, 1990,
                104 Stat. 152, 154; Pub. L. 101-650, Title IV, Sec. 405,
                Dec. 1, 1990, 104 Stat. 5124.)
         439.5  Sec. 105. Custody of and public access to reports.
                    (a) Each agency, each supervising ethics office in the
                executive or judicial branch, the Clerk of the House of
                Representatives, and the Secretary of the Senate shall make
                available to the public, in accordance with subsection (b),
                each report filed under this title with such agency or
                office or with the Clerk or the Secretary of the Senate,
                except that--

    [[Page 621]]

                                (1) this section does not require public
                            availability of a report filed by any individual
                            in the Central Intelligence Agency, the Defense
                            Intelligence Agency, or the National Security
                            Agency, or any individual engaged in
                            intelligence activities in any agency of the
                            United States, if the President finds or has
                            found that, due to the nature of the office or
                            position occupied by such individual, public
                            disclosure of such report would be revealing the
                            identity of the individual or other sensitive
                            information, compromise the national interest of
                            the United States; and such individuals may be
                            authorized, notwithstanding section 104(a), to
                            file such additional reports as are necessary to
                            protect their identity from public disclosure if
                            the President first finds or has found that such
                            filing is necessary in the national interest;
                            and
                                (2) any report filed by an independent
                            counsel whose identity has not been disclosed by
                            the division of the court under chapter 40 of
                            title 28, United States Code, and any report
                            filed by any person appointed by that
                            independent counsel under such chapter, shall
                            not be made available to the public under this
                            title.
                    (b)(1) Except as provided in the second sentence of this
                subsection, each agency, each supervising ethics office in
                the executive or judicial branch, the Clerk of the House of
                Representatives, and the Secretary of the Senate shall,
                within thirty days after any report is received under this
                title by such agency or office or by the Clerk or the
                Secretary of the Senate, as the case may be, permit
                inspection of such report by or furnish a copy of such
                report to any person requesting such inspection or copy.
                With respect to any report required to be filed by May 15 of
                any year, such report shall be made available for public
                inspection within 30 calendar days after May 15 of such year
                or within 30 days of the date of filing of such a report for
                which an extension is granted pursuant to section 101(g).
                The agency, office, Clerk, or Secretary of the Senate, as
                the case may be, may require a reasonable fee to be paid in
                any amount which is found necessary to recover the cost of
                reproduction or mailing of such report excluding any salary
                of any employee involved in such reproduction or mailing. A
                copy of such report may be furnished without charge or at a
                reduced charge if it is determined that waiver or reduction
                of the fee is in the public interest.
                    (2) Notwithstanding paragraph (1), a report may not be
                made available under this section to any person nor may any
                copy thereof be provided under this section to any person
                except upon a written application by such person stating--
                                (A) that person's name, occupation and
                            address;
                                (B) the name and address of any other person
                            or organization on whose behalf the inspection
                            or copy is requested; and
                                (C) that such person is aware of the
                            prohibitions on the obtaining or use of the
                            report.

                Any such application shall be made available to the public
                throughout the period during which the report is made
                available to the public.

                    (c)(1) It shall be unlawful for any person to obtain or
                use a report--
                                (A) for any unlawful purpose;
                                (B) for any commercial purpose, other than
                            by news and communications media for
                            dissemination to the general public;
                                (C) for determining or establishing the
                            credit rating of any individual; or

    [[Page 622]]

                                (D) for use, directly or indirectly, in the
                            solicitation of money for any political,
                            charitable, or other purpose.
                    (2) The Attorney General may bring a civil action
                against any person who obtains or uses a report for any
                purpose prohibited in paragraph (1) of this subsection. The
                court in which such action is brought may assess against
                such person a penalty in any amount not to exceed $10,000.
                Such remedy shall be in addition to any other remedy
                available under statutory or common law.
                    (d) Any report filed with or transmitted to an agency or
                supervising ethics office or to the Clerk of the House of
                Representatives or the Secretary of the Senate pursuant to
                this title shall be retained by such agency or office or by
                the Clerk or the Secretary of the Senate, as the case may
                be. Such report shall be made available to the public for a
                period of six years after receipt of the report. After such
                six-year period the report shall be destroyed unless needed
                in an ongoing investigation, except that in the case of an
                individual who filed the report pursuant to section 101(b)
                and was not subsequently confirmed by the Senate, or who
                filed the report pursuant to section 101(c) and was not
                subsequently elected, such report shall be destroyed one
                year after the individual either is no longer under
                consideration by the Senate or is no longer a candidate for
                nomination or election to the Office of President, Vice
                President, or as a Member of Congress, unless needed in an
                ongoing investigation. (Pub. L. 95-521, Title I, Sec. 105,
                Oct. 26, 1978, 92 Stat. 1833; Pub. L. 101-194, Title II,
                Sec. 202, Nov. 30, 1989, 103 Stat. 1737; Pub. L. 101-280,
                Sec. 3(6), May 4, 1990, 104 Stat. 154; Pub. L. 102-90, Title
                III, Sec. 313(2), Aug. 14, 1991, 105 Stat. 469.)
         439.6  Sec. 106. Review of reports.
                    (a)(1) Each designated agency ethics official or
                Secretary concerned shall make provisions to ensure that
                each report filed with him under this title is reviewed
                within sixty days after the date of such filing, except that
                the Director of the Office of Government Ethics shall review
                only those reports required to be transmitted to him under
                this title within sixty days after the date of transmittal.
                    (2) Each congressional ethics committee and the Judicial
                Conference shall make provisions to ensure that each report
                filed under this title is reviewed within sixty days after
                the date of such filing.
                    (b)(1) If after reviewing any report under subsection
                (a), the Director of the Office of Government Ethics, the
                Secretary concerned, the designated agency ethics official,
                a person designated by the congressional ethics committee,
                or a person designated by the Judicial Conference, as the
                case may be, is of the opinion that on the basis of
                information contained in such report the individual
                submitting such report is in compliance with applicable laws
                and regulations, he shall state such opinion on the report,
                and shall sign such report.
                    (2) If the Director of the Office of Government Ethics,
                the Secretary concerned, the designated agency ethics
                official, a person designated by the congressional ethics
                committee, or a person designated by the Judicial
                Conference, after reviewing any report under subsection
                (a)--
                                (A) believes additional information is
                            required to be submitted, he shall notify the
                            individual submitting such report what
                            additional information is required and the time
                            by which it must be submitted, or

    [[Page 623]]

                                (B) is of the opinion, on the basis of
                            information submitted, that the individual is
                            not in compliance with applicable laws and
                            regulations, he shall notify the individual,
                            afford a reasonable opportunity for a written or
                            oral response, and after consideration of such
                            response, reach an opinion as to whether or not,
                            on the basis of information submitted, the
                            individual is in compliance with such laws and
                            regulations.
                    (3) If the Director of the Office of Government Ethics,
                the Secretary concerned, the designated agency ethics
                official, a person designated by a congressional ethics
                committee, or a person designated by the Judicial
                Conference, reaches an opinion under paragraph (2)(B) that
                an individual is not in compliance with applicable laws and
                regulations, the official or committee shall notify the
                individual of that opinion and, after an opportunity for
                personal consultation (if practicable), determine and notify
                the individual of which steps, if any, would in the opinion
                of such official or committee be appropriate for assuring
                compliance with such laws and regulations and the date by
                which such steps should be taken. Such steps may include, as
                appropriate--
                                (A) divesture,
                                (B) restitution,
                                (C) the establishment of a blind trust,
                                (D) request for an exemption under section
                            208(b) of title 18, United States Code, or
                                (E) voluntary request for transfer,
                            reassignment, limitation of duties, or
                            resignation.

                The use of any such steps shall be in accordance with such
                rules or regulations as the supervising ethics office may
                prescribe.

                    (4) If steps for assuring compliance with applicable
                laws and regulations are not taken by the date set under
                paragraph (3) by an individual in a position in the
                executive branch (other than in the Foreign Service or the
                uniformed services), appointment to which requires the
                advice and consent of the Senate, the matter shall be
                referred to the President for appropriate action.
                    (5) If steps for assuring compliance with applicable
                laws and regulations are not taken by the date set under
                paragraph (3) by a member of the Foreign Service or the
                uniformed services, the Secretary concerned shall take
                appropriate action.
                    (6) If steps for assuring compliance with applicable
                laws and regulations are not taken by the date set under
                paragraph (3) by any other officer or employee, the matter
                shall be referred to the head of the appropriate agency, the
                congressional ethics committee, or the Judicial Conference,
                for appropriate action; except that in the case of the
                Postmaster General or Deputy Postmaster General, the
                Director of the Office of Government Ethics shall recommend
                to the Governors of the Board of Governors of the United
                States Postal Service the action to be taken.
                    (7) Each supervising ethics office may render advisory
                opinions interpreting this title within its respective
                jurisdiction. Notwithstanding any other provision of law,
                the individual to whom a public advisory opinion is rendered
                in accordance with this paragraph, and any other individual
                covered by this title who is involved in a fact situation
                which is indistinguishable in all material aspects, and who
                acts in good faith in accordance with the provisions and
                findings of such advisory opinion shall not, as a result of
                such act, be subject to any penalty or sanction pro-

    [[Page 624]]

                vided by this title. (Pub. L. 95-521, Title I, Sec. 106,
                Oct. 26, 1978, 92 Stat. 1833; Pub. L. 101-194, Title II,
                Sec. 202, Nov. 30, 1989, 103 Stat. 1739; Pub. L. 101-280,
                Sec. 3(1), (7), May 4, 1990, 104 Stat. 152, 155.)
         439.7  Sec. 107. Confidential reports and other additional
                    requirements.
                    (a)(1) Each supervising ethics office may require
                officers and employees under its jurisdiction (including
                special Government employees as defined in section 202 of
                title 18, United States Code) to file confidential financial
                disclosure reports, in such form as the supervising ethics
                office may prescribe. The information required to be
                reported under this subsection by the officers and employees
                of any department or agency shall be set forth in rules or
                regulations prescribed by the supervising ethics office, and
                may be less extensive than otherwise required by this title,
                or more extensive when determined by the supervising ethics
                office to be necessary and appropriate in light of sections
                202 through 209 of title 18, United States Code, regulations
                promulgated thereunder, or the authorized activities of such
                officers or employees. Any individual required to file a
                report pursuant to section 101 shall not be required to file
                a confidential report pursuant to this subsection, except
                with respect to information which is more extensive than
                information otherwise required by this title. Subsections
                (a), (b), and (d) of section 105 shall not apply with
                respect to any such report.
                    (2) Any information required to be provided by an
                individual under this subsection shall be confidential and
                shall not be disclosed to the public.
                    (3) Nothing in this subsection exempts any individual
                otherwise covered by the requirement to file a public
                financial disclosure report under this title from such
                requirement.
                    (b) The provisions of this title requiring the reporting
                of information shall supersede any general requirement under
                any other provision of law or regulation with respect to the
                reporting of information required for purposes of preventing
                conflicts of interest or apparent conflicts of interest.
                Such provisions of this title shall not supersede the
                requirements of section 7342 of title 5, United States Code.
                    (c) Nothing in this Act requiring reporting of
                information shall be deemed to authorize the receipt of
                income, gifts, or reimbursements; the holding of assets,
                liabilities, or positions; or the participation in
                transactions that are prohibited by law, Executive order,
                rule, or regulation. (Pub. L. 95-521, Title I, Sec. 107,
                Oct. 26, 1978, 92 Stat. 1834; Pub. L. 96-19, Sec. 9(d), (g),
                June 13, 1979, 93 Stat. 42, 43; Pub. L. 101-194, Title II,
                Sec. 202 Nov. 30, 1989, 103 Stat. 1740.)
         439.8  Sec. 108. Authority of Comptroller General.
                    (a) The Comptroller General shall have access to
                financial disclosure reports filed under this title for the
                purposes of carrying out his statutory responsibilities.
                    (b) No later than December 31, 1992, and regularly
                thereafter, the Comptroller General shall conduct a study to
                determine whether the provisions of this title are being
                carried out effectively. (Pub. L. 95-521, Title I, Sec. 108,
                Oct. 26, 1978, 92 Stat. 1835; Pub. L. 96-19, Sec. 9(t), June
                13, 1979, 93 Stat. 44; Pub. L. 101-194, Title II, Sec. 202,
                Nov. 30, 1989, 103 Stat. 1741.)

    [[Page 625]]

         439.9  Sec. 109. Definitions.
                    For the purposes of this title, the term--
                                (1) ``congressional ethics committees''
                            means the Select Committee on Ethics of the
                            Senate and the Committee on Standards of
                            Official Conduct of the House of
                            Representatives;
                                (2) ``dependent child'' means, when used
                            with respect to any reporting individual, any
                            individual who is a son, daughter, stepson, or
                            stepdaughter and who--

                                    (A) is unmarried and under age 21 and is
                                living in the household of such reporting
                                individual; or

                                    (B) is a dependent of such reporting
                                individual within the meaning of section 152
                                of the Internal Revenue Code of 1986;

                                (3) ``designated agency ethics official''
                            means an officer or employee who is designated
                            to administer the provisions of this title
                            within an agency;
                                (4) ``executive branch'' includes each
                            Executive agency (as defined in section 105 of
                            title 5, United States Code), other than the
                            General Accounting Office, and any other entity
                            or administrative unit in the executive branch;
                                (5) ``gift'' means a payment, advance,
                            forbearance, rendering, or deposit of money, or
                            any thing of value, unless consideration of
                            equal or greater value is received by the donor,
                            but does not include--

                                    (A) bequest and other forms of
                                inheritance;

                                    (B) suitable mementos of a function
                                honoring the reporting individual;

                                    (C) food, lodging, transportation, and
                                entertainment provided by a foreign
                                government within a foreign country or by
                                the United States Government, the District
                                of Columbia, or a State or local government
                                or political subdivision thereof;

                                    (D) food and beverages which are not
                                consumed in connection with a gift of
                                overnight lodging;

                                    (E) communications to the offices of a
                                reporting individual, including
                                subscriptions to newspapers and periodicals;
                                or

                                    (F) consumable products provided by
                                home-State businesses to the offices of a
                                reporting individual who is an elected
                                official, if those products are intended for
                                consumption by persons other than such
                                reporting individual;

                                (6) ``honoraria'' has the meaning given such
                            term in section 505 of this Act;
                                (7) ``income'' means all income from
                            whatever source derived, including but not
                            limited to the following items: compensation for
                            services, including fees, commissions, and
                            similar items; gross income derived from
                            business (and net income if the individual
                            elects to include it); gains derived from
                            dealings in property; interest; rents;
                            royalties; dividends; annuities; income from
                            life insurance and endowment contracts;
                            pensions; income from discharge of indebtedness;
                            distributive share of partnership income; and
                            income from an interest in an estate or trust;
                                (8) ``judicial employee'' means any employee
                            of the judicial branch of the Government, of the
                            United States Sentencing Commission, of the Tax
                            Court, of the Claims Court, of the Court of
                            Veterans Appeals, or of the United States Court
                            of Military Appeals, who

    [[Page 626]]

                            is not a judicial officer and who is authorized
                            to perform adjudicatory functions with respect
                            to proceedings in the judicial branch, or who
                            occupies a position for which the rate of basic
                            pay is equal to or greater than 120 percent of
                            the minimum rate of basic pay payable for GS-15
                            of the General Schedule;
                                (9) ``Judicial Conference'' means the
                            Judicial Conference of the United States;
                                (10) ``judicial officer'' means the Chief
                            Justice of the United States, the Associate
                            Justices of the Supreme Court, and the judges of
                            the United States courts of appeals, United
                            States district courts, including the district
                            courts in Guam, the Northern Mariana Islands,
                            and the Virgin Islands, Court of Appeals for the
                            Federal Circuit, Court of International Trade,
                            Tax Court, Claims Court, Court of Veterans
                            Appeals, United States Court of Military
                            Appeals, and any court created by Act of
                            Congress, the judges of which are entitled to
                            hold office during good behavior;
                                (11) ``legislative branch'' includes--

                                    (A) the Architect of the Capitol;

                                    (B) the Botanic Gardens;

                                    (C) the Congressional Budget Office;

                                    (D) the General Accounting Office;

                                    (E) the Government Printing Office;

                                    (F) the Library of Congress;

                                    (G) the United States Capitol Police;

                                    (H) the Office of Technology Assessment;
                                and

                                    (I) any other agency, entity, office, or
                                commission established in the legislative
                                branch;

                                (12) ``Member of Congress'' means a United
                            States Senator, a Representative in Congress, a
                            Delegate to Congress, or the Resident
                            Commissioner from Puerto Rico;
                                (13) ``officer or employee of the Congress''
                            means--

                                    (A) any individual described under
                                subparagraph (B), other than a Member of
                                Congress or the Vice President, whose
                                compensation is disbursed by the Secretary
                                of the Senate or the Clerk of the House of
                                Representatives;

                                    (B)(i) each officer or employee of the
                                legislative branch who, for at least 60
                                days, occupies a position for which the rate
                                of basic pay is equal to or greater than 120
                                percent of the minimum rate of basic pay
                                payable for GS-15 of the General Schedule;
                                and

                                    (ii) at least one principal assistant
                                designated for purposes of this paragraph by
                                each Member who does not have an employee
                                who occupies a position for which the rate
                                of basic pay is equal to or greater than 120
                                percent of the minimum rate of basic pay
                                payable for GS-15 of the General Schedule;

                                (14) ``personal hospitality of any
                            individual'' means hospitality extended for a
                            nonbusiness purpose by an individual, not a
                            corporation or organization, at the personal
                            residence of that individual or his family or on
                            property or facilities owned by that individual
                            or his family;
                                (15) ``reimbursement'' means any payment or
                            other thing of value received by the reporting
                            individual, other than gifts, to cover travel-
                            related expenses of such individual other than
                            those which are--

    [[Page 627]]

                                    (A) provided by the United States
                                Government, the District of Columbia, or a
                                State or local government or political
                                subdivision thereof;

                                    (B) required to be reported by the
                                reporting individual under section 7342 of
                                title 5, United States Code; or

                                    (C) required to be reported under
                                section 304 of the Federal Election Campaign
                                Act of 1971 (2 U.S.C. 434);

                                (16) ``relative'' means an individual who is
                            related to the reporting individual, as father,
                            mother, son, daughter, brother, sister, uncle,
                            aunt, great aunt, great uncle, first cousin,
                            nephew, niece, husband, wife, grandfather,
                            grandmother, grandson, granddaughter, father-in-
                            law, mother-in-law, son-in-law, daughter-in-law,
                            brother-in-law, sister-in-law, stepfather,
                            stepmother, stepson, stepdaughter, stepbrother,
                            stepsister, half brother, half sister, or who is
                            the grandfather or grandmother of the spouse of
                            the reporting individual, and shall be deemed to
                            include the fiance or fiancee of the reporting
                            individual;
                                (17) ``Secretary concerned'' has the meaning
                            set forth in section 101(8) of title 10, United
                            States Code, and, in addition, means--

                                    (A) the Secretary of Commerce, with
                                respect to matters concerning the National
                                Oceanic and Atmospheric Administration;

                                    (B) the Secretary of Health and Human
                                Services, with respect to matters concerning
                                the Public Health Service; and

                                    (C) the Secretary of State, with respect
                                to matters concerning the Foreign Service;

                                (18) ``supervising ethics office'' means--

                                    (A) the Select Committee on Ethics of
                                the Senate, for Senators, officers and
                                employees of the Senate, and other officers
                                or employees of the legislative branch
                                required to file financial disclosure
                                reports with the Secretary of the Senate
                                pursuant to section 103(h) of this title;

                                    (B) the Committee on Standards of
                                Official Conduct of the House of
                                Representatives, for Members, officers and
                                employees of the House of Representatives
                                and other officers or employees of the
                                legislative branch required to file
                                financial disclosure reports with the Clerk
                                of the House of Representatives pursuant to
                                section 103(h) of this title;

                                    (C) the Judicial Conference for judicial
                                officers and judicial employees; and

                                    (D) the Office of Government Ethics for
                                all executive branch officers and employees;
                                and

                                (19) ``value'' means a good faith estimate
                            of the dollar value if the exact value is
                            neither known nor easily obtainable by the
                            reporting individual.

                (Pub. L. 95-521, Title I, Sec. 109, Oct. 26, 1978, 92 Stat.
                1836; Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989,
                103 Stat. 1724; Pub. L. 101-280, Sec. 3(1), (8), May 4,
                1990, 104 Stat. 152, 155; Pub. L. 102-378, Sec. 4(a)(2),
                Oct. 2, 1992, 106 Stat. 1357.)

        439.10  Sec. 110. Notice of actions taken to comply with ethics
                    agreements.
                    (a) In any case in which an individual agrees with that
                individual's designated agency ethics official, the Office
                of Government Ethics, a Senate confirmation committee, a
                congressional ethics committee, or the Judicial Conference,
                to take any action to comply with this Act or any

    [[Page 628]]

                other law or regulation governing conflicts of interest of,
                or establishing standards of conduct applicable with respect
                to, officers or employees of the Government, that individual
                shall notify in writing the designated agency ethics
                official, the Office of Government Ethics, the appropriate
                committee of the Senate, the congressional ethics committee,
                or the Judicial Conference, as the case may be, of any
                action taken by the individual pursuant to that agreement.
                Such notification shall be made not later than the date
                specified in the agreement by which action by the individual
                must be taken, or not later than three months after the date
                of the agreement, if no date for action is so specified.
                    (b) If an agreement described in subsection (a) requires
                that the individual recuse himself or herself from
                particular categories of agency or other official action,
                the individual shall reduce to writing those subjects
                regarding which the recusal agreement will apply and the
                process by which it will be determined whether the
                individual must recuse himself or herself in a specific
                instance. An individual shall be considered to have complied
                with the requirements of subsection (a) with respect to such
                recusal agreement if such individual files a copy of the
                document setting forth the information described in the
                preceding sentence with such individual's designated agency
                ethics official or the appropriate supervising ethics office
                within the time prescribed in the last sentence of
                subsection (a). (Pub. L. 101-194, Title II, Sec. 202, Nov.
                30, 1989, 103 Stat. 1744, amended Pub. L. 101-280,
                Sec. 3(1), May 4, 1990, 104 Stat. 152.)
        439.11  Sec. 111. Administration of provisions.
                    The provisions of this title shall be administered by--
                                (1) The Director of the Office of Government
                            Ethics, the designated agency ethics official,
                            or the Secretary concerned, as appropriate, with
                            regard to officers and employees described in
                            paragraphs (1) through (8) of section 101(f);
                                (2) the Select Committee on Ethics of the
                            Senate and the Committee on Standards of
                            Official Conduct of the House of
                            Representatives, as appropriate, with regard to
                            officers and employees described in paragraphs
                            (9) and (10) of section 101(f); and
                                (3) the Judicial Conference in the case of
                            an officer or employee described in paragraphs
                            (11) and (12) of section 101(f).

                The Judicial Conference may delegate any authority it has
                under this title to an ethics committee established by the
                Judicial Conference. (Pub. L. 95-521, Title I, Sec. 111, as
                added Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989,
                103 Stat. 1744, amended Pub. L. 101-280, Sec. 3(1), (9), May
                4, 1990, 104 Stat. 152, 157.)

                [Sec. 112. Repealed.] (Pub.L. 101-280, Sec. 3(10)(A), May 4,
                    1990, 104 Stat. 157)

                                         APPENDIX 7

           440    Governmentwide Limitations on Outside Earned Income and
                                         Employment
         440.1  Sec. 501. Outside earned income limitation.
                    (a) Outside earned income limitation.--
                                (1) Except as provided by paragraph (2), a
                            Member or an officer or employee who is a
                            noncareer officer or employee and who occupies

    [[Page 629]]

                            a position classified above GS-15 of the General
                            Schedule, or in the case of positions not under
                            the General Schedule, for which the rate of work
                            pay is equal to or greater than 120 percent of
                            the minimum rate of basic pay payable for GS-15
                            of the General Schedule, may not in any calendar
                            year have outside earned income attributable to
                            such calendar year which exceeds 15 percent of
                            the annual rate of basic pay for level II of the
                            Executive Schedule under section 5313 of title
                            5, United States Code, as of January 1 of such
                            calendar year.
                                (2) In the case of any individual who during
                            a calendar year becomes a Member or an officer
                            or employee who is a noncareer officer or
                            employee and who occupies a position classified
                            above GS-15 of the General Schedule, or in the
                            case of positions not under the General
                            Schedule, for which the rate of work pay is
                            equal to or greater than 120 percent of the
                            minimum rate of basic pay payable for GS-15 of
                            the General Schedule, such individual may not
                            have outside earned income attributable to the
                            portion of that calendar year which occurs after
                            such individual becomes a Member or such an
                            officer or employee which exceeds 15 percent of
                            the annual rate of basic pay for level II of the
                            Executive Schedule under section 5313 of title
                            5, United States Code, as of January 1 of such
                            calendar year multiplied by a fraction the
                            numerator of which is the number of days such
                            individual is a Member or such officer or
                            employee during such calendar year and the
                            denominator of which is 365.
                    (b) Honoraria prohibition.--An individual may not
                receive any honorarium while that individual is a Member,
                officer or employee.
                    (c) Treatment of charitable contributions.--Any
                honorarium which, except for subsection (b), might be paid
                to a Member, officer or employee, but which is paid instead
                on behalf of such Member, officer or employee to a
                charitable organization, shall be deemed not to be received
                by such Member, officer or employee. No such payment shall
                exceed $2,000 or be made to a charitable organization from
                which such individual or a parent, sibling, spouse, child,
                or dependent relative of such individual derives any
                financial benefit. (Pub. L. 95-521, Title V, Oct. 26, 1978,
                92 Stat. 1864, as amended Pub. L. 101-194, Title VI
                Sec. 601(a), Nov. 30, 1989, 103 Stat. 1760; Pub. L. 101-280,
                Sec. 7(a), May 4, 1990, 104 Stat. 161; Pub. L. 102-378,
                Sec. 4(b) (1), (2), Oct. 2, 1992, 106 Stat. 1357.)
         440.2  Sec. 502. Limitations on outside employment.
                    (a) Limitations.--A Member or an officer or employee who
                is a noncareer officer or employee and who occupies a
                position classified above GS-15 of the General Schedule, or
                in the case of positions not under the General Schedule, for
                which the rate of basic pay is equal to or greater than 120
                percent of the minimum rate of basic pay payable for GS-15
                of the General Schedule, shall not--
                                (1) receive compensation for affiliating
                            with or being employed by a firm, partnership,
                            association, corporation, or other entity which
                            provides professional services involving a
                            fiduciary relationship;
                                (2) permit that Member's, officer's or
                            employee's name to be used by any such firm,
                            partnership, association, corporation, or other
                            entity;

    [[Page 630]]

                                (3) receive compensation for practicing a
                            profession which involves a fiduciary
                            relationship;
                                (4) serve for compensation as an officer or
                            member of the board of any association,
                            corporation, or other entity; or
                                (5) receive compensation for teaching,
                            without the prior notification and approval of
                            the appropriate entity referred to in section
                            503.
                    (b) Teaching compensation of justices and judges retired
                from regular active service.--For purposes of the limitation
                under section 501(a), any compensation for teaching approved
                under subsection (a)(5) of this section shall not be treated
                as outside earned income--
                                (1) when received by a justice of the United
                            States retired from regular active service under
                            section 371(b) of title 28, United States Code;
                                (2) when received by a judge of the United
                            States retired from regular active service under
                            section 371(b) of title 28, United States Code,
                            for teaching performed during any calendar year
                            for which such judge has met the requirements of
                            subsection (f) of section 371 of title 28,
                            United States Code, as certified in accordance
                            with such subsection; or
                                (3) when received by a justice or judge of
                            the United States retired from regular active
                            service under section 372(a) of title 28, United
                            States Code.

                (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
                amended Pub. L. 101-194, Title VI Sec. 601(a), Nov. 30,
                1989, 103 Stat. 1760; Pub. L. 101-280, Sec. 7(a)(1),(b), May
                4, 1990, 104 Stat. 161; Pub. L. 101-650, Title III,
                Sec. 319, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-198,
                Sec. 6, Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102-378,
                Sec. 4(b) (1), (2), Oct. 2, 1992, 106 Stat. 1357.)

         440.3  Sec. 503. Administration.
                    This title shall be subject to the rules and regulations
                of--
                                (1) and administered by--

                                    (A) the Committee on Standards of
                                Official Conduct of the House of
                                Representatives, with respect to Members,
                                officers, and employees of the House of
                                Representatives; and

                                    (B) in the case of Senators and
                                legislative branch officers and employees
                                other than those officers and employees
                                specified in subparagraph (A), the committee
                                to which reports filed by such officers and
                                employees under title I are transmitted
                                under such title, except that the authority
                                of this section may be delegated by such
                                committee with respect to such officer and
                                employees;

                                (2) the Office of Government Ethics and
                            administered by designated agency ethics
                            officials with respect to officers and employees
                            of the executive branch; and
                                (3) and administered by the Judicial
                            Conference of the United States (or such other
                            agency as it may designate) with respect to
                            officers and employees of the judicial branch.

                (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
                amended Pub. L. 101-194, Title VI, Sec. 601(a), Nov. 30,
                1989, 103 Stat. 1760; Pub. L. 101-280, Sec. 7(c), May 4,
                1990, 104 Title VI; Sec. 601(a) Stat. 161; Pub. L. 102-90,
                Title I, Sec. 6(b)(1), Aug. 14, 1991, 105 Stat. 450.)

    [[Page 631]]

         440.4  Sec. 504. Civil penalties.
                    (a) Civil action.--The Attorney General may bring a
                civil action in any appropriate United States district court
                against any individual who violates any provision of section
                501 or 502. The court in which such action is brought may
                assess against such individual a civil penalty of not more
                than $10,000 or the amount of compensation, if any, which
                the individual received for the prohibited conduct,
                whichever is greater.
                    (b) Advisory opinions.--Any entity described in section
                503 may render advisory opinions interpreting this title, in
                writing, to individuals covered by this title. Any
                individual to whom such an advisory opinion is rendered and
                any other individual covered by this title who is involved
                in a fact situation which is indistinguishable in all
                material aspects, and who, after the issuance of such
                advisory opinion, acts in good faith in accordance with its
                provisions and findings shall not, as a result of such
                actions, be subject to any sanction under subsection (a).

                (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
                amended Pub. L. 101-194, Title VI, Sec. 601(a), Nov. 30,
                1989, 103 Stat. 1760.)

        440.5
         Sec.
         440.5  Sec. 505. Definitions.
                    For purposes of this title:
                                (1) The term ``Member'' means a Senator in,
                            a Representative in, or a Delegate or Resident
                            Commissioner to, the Congress.
                                (2) The term ``officer or employee'' means
                            an officer or employee of the Government except
                            any special Government employee (as defined in
                            section 202 of title 18, United States Code).
                                (3) The term ``honorarium'' means a payment
                            of money or anything of value for an appearance,
                            speech or article (including a series of
                            appearances, speeches, or articles if the
                            subject matter is directly related to the
                            individual's official duties or the payment is
                            made because of the individual's status with the
                            Government) by a Member, officer or employee,
                            excluding any actual and necessary travel
                            expenses incurred by such individual (and one
                            relative) to the extent that such expenses are
                            paid or reimbursed by any other person, and the
                            amount otherwise determined shall be reduced by
                            the amount of any such expenses to the extent
                            that such expenses are not paid or reimbursed.
                                (4) The term ``travel expenses'' means, with
                            respect to a Member, officer or employee, or a
                            relative of any such individual, the cost of
                            transportation, and the cost of lodging and
                            meals while away from his or her residence or
                            principal place of employment.
                                (5) The term ``charitable organization''
                            means an organization described in section
                            170(c) of the Internal Revenue Code of 1986.

                (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
                amended Pub. L. 101-194, Title VI, Sec. 601(a), Nov. 30,
                1989, 103 Stat. 1760; Pub. L. 102-90, Title I,
                Sec. 6(b)(2)(3), Title III, Sec. 314(b), Aug. 14, 1991, 105
                Stat. 450, 469.)

    [[Page 632]]

                                   TITLE 10.--ARMED FORCES

                              Chapter 2.--DEPARTMENT OF DEFENSE

                                        * * * * * * *

           441  Sec. 114. Annual authorization of appropriations
                    (a) No funds may be appropriated for any fiscal year to
                or for the use of any armed force or obligated or expended
                for--
                                (1) procurement of aircraft, missiles, or
                            naval vessels;
                                (2) any research, development, test, or
                            evaluation, or procurement or production related
                            thereto;
                                (3) procurement of tracked combat vehicles;
                                (4) procurement of other weapons;
                                (5) procurement of naval torpedoes and
                            related support equipment;
                                (6) military construction;
                                (7) the operation and maintenance of any
                            armed force or of the activities and agencies of
                            the Department of Defense (other than the
                            military departments);
                                (8) procurement of ammunition; or
                                (9) other procurement by any armed force or
                            by the activities and agencies of the Department
                            of Defense (other than the military
                            departments);

                unless funds therefor have been specifically authorized by
                law.

                    (b) In subsection (a)(6), the term ``military
                construction'' includes any construction, development,
                conversion, or extension of any kind which is carried out
                with respect to any military facility or installation
                (including any Government-owned or Government-leased
                industrial facility used for the production of defense
                articles and any facility to which section 2353 of this
                title applies), any activity to which section 2807 of this
                title applies, any activity to which chapter 133 of this
                title applies, and advances to the Secretary of
                Transportation for the construction of defense access roads
                under section 210 of title 23. Such term does not include
                any activity to which section 2821 or 2854 of this title
                applies.
                    (c)(1) The size of the Special Defense Acquisition Fund
                established pursuant to chapter 5 of the Arms Export Control
                Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.
                    (2) Notwithstanding section 37(a) of the Arms Export
                Control Act (22 U.S.C. 2777(a)), amounts received by the
                United States pursuant to subparagraph (A) of section
                21(a)(1) of that Act (22 U.S.C. 2761(a)(1))--
                                (A) shall be credited to the Special Defense
                            Acquisition Fund established pursuant to chapter
                            5 of that Act (22 U.S.C. 2795 et seq.), as
                            authorized by section 51(b)(1) of that Act (22
                            U.S.C. 2795(b)(1)), but subject to the
                            limitation in paragraph (1) and other applicable
                            law; and
                                (B) to the extent not so credited, shall be
                            deposited in the Treasury as miscellaneous
                            receipts as provided in section 3302(b) of title
                            31.

    [[Page 633]]

                    (d) Funds may be appropriated for the armed forces for
                use as an emergency fund for research, development, test,
                and evaluation, or related procurement or production, only
                if the appropriation of the funds is authorized by law after
                June 30, 1966.
                    (e) In each budget submitted by the President to
                Congress under section 1105 of title 31, amounts requested
                for procurement of equipment for the reserve components of
                the armed forces (including the National Guard) shall be set
                forth separately from other amounts requested for
                procurement for the armed forces.
          44.1  Sec. 115. Personnel strengths: requirement for annual
                    authorization
                    (a) Congress shall authorize personnel strength levels
                for each fiscal year for each of the following:
                                (1) The end strength for each of the armed
                            forces (other than the Coast Guard) for (A)
                            active-duty personnel who are to be paid from
                            funds appropriated for active-duty personnel,
                            and (B) active-duty personnel and full-time
                            National Guard duty personnel who are to be paid
                            from funds appropriated for reserve personnel.
                                (2) The end strength for the Selected
                            Reserve of each reserve component of the armed
                            forces.
                                (3) The average military training student
                            loads for each of the armed forces (other than
                            the Coast Guard).
                    (b) No funds may be appropriated for any fiscal year to
                or for--
                                (1) the use of active-duty personnel or
                            full-time National Guard duty personnel of any
                            of the armed forces (other than the Coast Guard)
                            unless the end strength for such personnel of
                            that armed force for that fiscal year has been
                            authorized by law;
                                (2) the use of the Selected Reserve of any
                            reserve component of the armed forces unless the
                            end strength for the Selected Reserve of that
                            component for that fiscal year has been
                            authorized by law; or
                                (3) training military personnel in the
                            training categories described in subsection (f)
                            of any of the armed forces (other than the Coast
                            Guard) unless the average student load of that
                            armed force for that fiscal year has been
                            authorized by law.
                    (c) Upon determination by the Secretary of Defense that
                such action is in the national interest, the Secretary may--
                                (1) increase the end strength authorized
                            pursuant to subsection (a)(1)(A) for a fiscal
                            year for any of the armed forces by a number
                            equal to not more than 0.5 percent of that end
                            strength; and
                                (2) increase the end strength authorized
                            pursuant to subsection (a)(1)(B) for a fiscal
                            year for any of the armed forces by a number
                            equal to not more than 2 percent of that end
                            strength.
                    (d) In counting active-duty personnel for the purpose of
                the end-strengths authorized pursuant to subsection (a)(1),
                persons in the following categories shall be excluded:
                                (1) Members of the Ready Reserve ordered to
                            active duty under section 673 of this title.
                                (2) Members of the Selected Reserve of the
                            Ready Reserve ordered to active duty under
                            section 673b of this title.
                                (3) Members of the National Guard called
                            into Federal service under section 3500 or 8500
                            of this title.
                                (4) Members of the militia called into
                            Federal service under chapter 15 of this title.

    [[Page 634]]

                                (5) Members of reserve components on active
                            duty for training.
                                (6) Members of reserve components on active
                            duty for 180 days or less to perform special
                            work.
                                (7) Members on full-time National Guard duty
                            for 180 days or less.
                    (e) The authorized strength of the Navy under subsection
                (a)(1) is increased by the authorized strength of the Coast
                Guard during any period when the Coast Guard is operating as
                a service in the Navy.
                    (f) Authorization under subsection (a)(3) is not
                required for unit or crew training student loads, but is
                required for student loads for the following individual
                training categories:
                                (1) Recruit and specialized training.
                                (2) Flight training.
                                (3) Professional training in military and
                            civilian institutions.
                                (4) Officer acquisition training.

                (Added Pub. L. 99-433, Sec. 110(b), Oct. 1, 1986, 100 Stat.
                1002 [former Sec. 138(b)-(d)], and amended Pub. L. 99-661,
                Sec. 413, Nov. 14, 1986, 100 Stat. 3861; Pub. L. 100-26,
                Sec. 7(j)(2), April 21, 1987, 101 Stat. 283; Pub. L. 100-
                456, Sec. 641, Sept. 29, 1988, 102 Stat. 1987; revised in
                entirety Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990, 104
                Stat. 1710; and amended Pub. L. 102-190, Sec. 312(a), Dec.
                5, 1991, 105 Stat. 1335.)

        441.1a  Sec. 115a. Annual manpower requirements report.
                    (a) The Secretary of Defense shall submit to Congress,
                not later than February 15 of each fiscal year, an annual
                manpower requirements report. The report shall be in writing
                and shall contain the Secretary's recommendations for--
                                (1) the annual active-duty end-strength
                            level for each component of the armed forces for
                            the next fiscal year; and
                                (2) the annual civilian personnel end-
                            strength level for each component of the
                            Department of Defense for the next fiscal year.
                    (b)(1) The Secretary shall include in each report under
                subsection (a) justification for the strength levels
                recommended and an explanation of the relationship between
                the personnel strength levels recommended for that fiscal
                year and the national security policies of the United States
                in effect at the time.
                    (2) The justification and explanation shall specify in
                detail for all major military force units (including each
                land force division, carrier and other major combatant
                vessel, air wing, and other comparable unit) the following:
                                (A) Unit mission and capability.
                                (B) Strategy which the unit supports.
                                (C) Area of deployment and illustrative
                            areas of potential deployment, including a
                            description of any United States commitment to
                            defend such areas.
                    (3) The justification and explanation shall also specify
                in detail the manpower required to perform the medical
                missions of each of the armed forces and of the Department
                of Defense.
                    (c) The Secretary shall include in each report under
                subsection (a) a detailed discussion of the following:
                                (1) The manpower required for support and
                            overhead functions within the armed forces and
                            the Department of Defense.

    [[Page 635]]

                                (2) The relationship of the manpower
                            required for support and overhead functions to
                            the primary combat missions and support
                            policies.
                                (3) The manpower required to be stationed or
                            assigned to duty in foreign countries and aboard
                            vessels located outside the territorial limits
                            of the United States, its territories, and
                            possessions.
                    (d) In each such report, the Secretary shall also--
                                (1) identify, define, and group by mission
                            and by region the types of military bases,
                            installations, and facilities;
                                (2) provide an explanation and justification
                            of the relationship between this base structure
                            and the proposed military force structure; and
                                (3) provide a comprehensive identification
                            of base operating support costs and an
                            evaluation of possible alternatives to reduce
                            those costs.
                    (e) The Secretary shall also include in each such
                report, with respect to each armed force under the
                jurisdiction of the Secretary of a military department, the
                following:
                                (1) The number of positions that require
                            warrant officers or commissioned officers
                            serving on active duty in each of the officer
                            grades during the current fiscal year and the
                            estimated numbers of such positions for each of
                            the next five fiscal years.
                                (2) The estimated number of officers that
                            will be serving on active duty in each grade on
                            the last day of the current fiscal year and the
                            estimated number of officers that will be needed
                            on active duty on the last day of each of the
                            next five fiscal years.
                                (3) An estimate and analysis for the current
                            fiscal year and for each of the next five fiscal
                            years of gains to and losses from the number of
                            members on active duty in each officer grade,
                            including a tabulation of--

                                    (A) retirements displayed by year of
                                active commissioned service;

                                    (B) discharges;

                                    (C) other separations;

                                    (D) deaths;

                                    (E) promotions; and

                                    (F) reserve and regular officers ordered
                                to active duty.

                                (4) An analysis of the distribution of each
                            of the following categories of officers serving
                            on active duty on the last day of the preceding
                            fiscal year by grade in which serving and years
                            of active commissioned service:

                                    (A) Regular officers.

                                    (B) Reserve officers on the active-duty
                                list.

                                    (C) Reserve officers described in
                                clauses (B) and (C) of section 523(b)(1) of
                                this title.

                                    (D) Officers other than those specified
                                in subparagraphs (A), (B), and (C) serving
                                in a temporary grade.

                                (5) An analysis of the number of officers
                            and enlisted members serving on active duty for
                            training as of the last day of the preceding
                            fiscal year under orders specifying an aggregate
                            period in excess of 180 days and an estimate for
                            the current fiscal year of the number that will
                            be ordered to such duty, tabulated by--

                                    (A) recruit and specialized training;

    [[Page 636]]

                                    (B) flight training;

                                    (C) professional training in military
                                and civilian institutions; and

                                    (D) officer acquisition training.

                    (f) In each such report, the Secretary shall also
                include recommendations for the average student load for
                each category of training for each component of the armed
                forces for the next three fiscal years. The Secretary shall
                include in the report justification for, and explanation of,
                the average student loads recommended.
                    (g)(1) In each such report, the Secretary shall also
                include recommendations for the end-strength levels for
                medical personnel for each component of the armed forces as
                of the end of the next fiscal year.
                    (2) For purposes of this subsection, the term ``medical
                personnel'' includes--
                                (A) in the case of the Army, members of the
                            Medical Corps, Dental Corps, Nurse Corps,
                            Medical Service Corps, Veterinary Corps, and
                            Army Medical Specialist Corps;
                                (B) in the case of the Navy, members of the
                            Medical Corps, Dental Corps, Nurse Corps, and
                            Medical Service Corps;
                                (C) in the case of the Air Force, members
                            designated as medical officers, dental officers,
                            Air Force nurses, medical service officers, and
                            biomedical science officers;
                                (D) enlisted members engaged in or
                            supporting medically related activities; and
                                (E) such other personnel as the Secretary
                            considers appropriate.

                (Added Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990, 104
                Stat. 1711 [former Sec. 115 (b)(1)(D), (b)(3), (c)(2)], and
                amended Pub. L. 102-190, Sec. 1061(a)(1), Dec. 5, 1991, 105
                Stat. 1472.)

         441.2  Sec. 116. Annual operations and maintenance report
                    (a)(1) The Secretary of Defense shall submit to Congress
                a written report, not later than February 15 of each fiscal
                year, with respect to the operations and maintenance of the
                Army, Navy, Air Force, and Marine Corps for the next fiscal
                year. The Secretary shall include in each such report
                recommendations for--
                                (A) the number of aircraft flying hours for
                            the Army, Navy, Air Force, and Marine Corps for
                            the next fiscal year, the number of ship
                            steaming hours for the Navy for the next fiscal
                            year, and the number of field training days for
                            the combat arms battalions of the Army and
                            Marine Corps for the next fiscal year;
                                (B) the number of ships over 3,000 tons
                            (full load displacement) in each Navy ship
                            classification on which major repair work should
                            be performed during the next fiscal year; and
                                (C) the number of airframe reworks, aircraft
                            engine reworks, and vehicle overhauls which
                            should be performed by the Army, Navy, Air
                            Force, and Marine Corps during the next fiscal
                            year.
                    (2) The Secretary shall also include in each such report
                the justification for and an explanation of the level of
                funding recommended in the Budget of the President for the
                next fiscal year for aircraft flying hours, ship steaming
                hours, field training days for the combat arms battalions,
                major repair work to be performed on ships of the Navy,
                airframe reworks, aircraft engine reworks, and vehicle
                overhauls.
                    (b) In this section:

    [[Page 637]]

                                (1) The term ``combat arms battalions''
                            means armor, infantry, mechanized infantry, air
                            assault infantry, airborne infantry, ranger,
                            artillery, and combat engineer battalions and
                            armored cavalry and air cavalry squadrons.
                                (2) The term ``major repair work'' means, in
                            the case of any ship to which such subsection is
                            applicable, any overhaul, modification,
                            alteration, or conversion work which will result
                            in a total cost to the United States of more
                            than $10,000,000.

                (Pub. L. 93-155, Title VIII, Sec. 803(a), Nov. 16, 1973, 87
                Stat. 612; Pub. L. 94-106, Title VIII, Sec. 801(a), Oct. 7,
                1975, 89 Stat. 537; Pub. L. 94-361, Title III, Sec. 302,
                July 14, 1976, 90 Stat. 924; Pub. L. 96-107, Title III,
                Sec. 303(b), Nov. 9, 1979, 93 Stat. 806; Pub. L. 96-342,
                Title X, Sec. 1001(a)(1), (b)-(d)(1), Sept. 8, 1980, 94
                Stat. 1117-1119; Pub. L. 96-513, Title I, Sec. 102, Title V,
                Sec. 511(4), Dec. 12, 1980, 94 Stat. 2840, 2920; Pub. L. 97-
                22, Title III, Sec. 2(b), July 10, 1981, 95 Stat. 124; Pub.
                L. 97-86, Title III, Sec. 302, Title IX, Secs. 901(a),
                902, 903, Dec. 1, 1981, 95 Stat. 1104, 1113, 1114; Pub. L.
                97-113, Title I, Sec. 108(b), Dec. 29, 1981, 95 Stat. 1524;
                Pub. L. 97-214, Sec. 4, July 12, 1982, 96 Stat. 170; Pub. L.
                97-252, Title IV, Sec. 402(a), Title XI, Secs. 1103,
                1105, Sept. 8, 1982, 96 Stat. 725, 738, 739; Pub. L. 97-295,
                Sec. 1(3), (4), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 99-
                145, Title XII, Sec. 1208, Nov. 8 1985, 99 Stat. 723, 743;
                Pub. L. 99-433, Title I, Secs. 101(a) (2), 110(b), Oct.
                1, 1986, 100 Stat. 1002; Pub. L. 99-661, Div. A, Title I,
                Sec. 105(d), Title IV, Secs. 411(c), 413, Title XIII,
                Sec. 1304(a), Nov. 14, 1986, 100 Stat. 3827, 3861, 3862,
                3979.)

                                      Note

                    Sections 114, 115, and 116 of title 10, United States
                Code (set out above), comprised section 138 of such title
                before that section was redesignated and amended by Public
                Law 99-661.
        441.2a  Sec. 119. Special access programs: congressional oversight.
                    (a)(1) Not later than February 1 of each year, the
                Secretary of Defense shall submit to the defense committees
                a report on special access programs.
                    (2) Each such report shall set forth--
                                (A) the total amount requested for special
                            access programs of the Department of Defense in
                            the President's budget for the next fiscal year
                            submitted under section 1105 of title 31; and
                                (B) for each program in that budget that is
                            a special access program--

                                    (i) a brief description of the program;

                                    (ii) a brief discussion of the major
                                milestones established for the program;

                                    (iii) the actual cost of the program for
                                each fiscal year during which the program
                                has been conducted before the fiscal year
                                during which that budget is submitted; and

                                    (iv) the estimated total cost of the
                                program and the estimated cost of the
                                program for (I) the current fiscal year,
                                (II) the fiscal year for which the budget is
                                submitted, and (III) each of the four
                                succeeding fiscal years during which the
                                program is expected to be conducted.

                    (3) In the case of a report under paragraph (1)
                submitted in a year during which the President's budget for
                the next fiscal year, because

    [[Page 638]]

                of multiyear budgeting for the Department of Defense, does
                not include a full budget request for the Department of
                Defense, the report required by paragraph (1) shall set
                forth--
                                (A) the total amount already appropriated
                            for the next fiscal year for special access
                            programs of the Department of Defense and any
                            additional amount requested in that budget for
                            such programs for such fiscal year; and
                                (B) for each program of the Department of
                            Defense that is a special access program, the
                            information specified in paragraph (2)(B).
                    (b)(1) Not later than February 1 of each year, the
                Secretary of Defense shall submit to the defense committees
                a report that, with respect to each new special access
                program, provides--
                                (A) notice of the designation of the program
                            as a special access program; and
                                (B) justification for such designation.
                    (2) A report under paragraph (1) with respect to a
                program shall include--
                                (A) the current estimate of the total
                            program cost for the program; and
                                (B) an identification of existing programs
                            or technologies that are similar to the
                            technology, or that have a mission similar to
                            the mission, of the program that is the subject
                            of the notice.
                    (3) In this subsection, the term ``new special access
                program'' means a special access program that has not
                previously been covered in a notice and justification under
                this subsection.
                    (c)(1) Whenever a change in the classification of a
                special access program of the Department of Defense is
                planned to be made or whenever classified information
                concerning a special access program of the Department of
                Defense is to be declassified and made public, the Secretary
                of Defense shall submit to the defense committees a report
                containing a description of the proposed change, the reasons
                for the proposed change, and notice of any public
                announcement planned to be made with respect to the proposed
                change.
                    (2) Except as provided in paragraph (3), any report
                referred to in paragraph (1) shall be submitted not less
                than 14 days before the date on which the proposed change or
                public announcement is to occur.
                    (3) If the Secretary determines that because of
                exceptional circumstances the requirement of paragraph (2)
                cannot be met with respect to a proposed change or public
                announcement concerning a special access program of the
                Department of Defense, the Secretary may submit the report
                required by paragraph (1) regarding the proposed change or
                public announcement at any time before the proposed change
                or public announcement is made and shall include in the
                report an explanation of the exceptional circumstances.
                    (d) Whenever there is a modification or termination of
                the policy and criteria used for designating a program of
                the Department of Defense as a special access program, the
                Secretary of Defense shall promptly notify the defense
                committees of such modification or termination. Any such
                notification shall contain the reasons for the modification
                or termination and, in the case of a modification, the
                provisions of the policy as modified.

    [[Page 639]]

                    (e)(1) The Secretary of Defense may waive any
                requirement under subsection (a), (b), or (c) that certain
                information be included in a report under that subsection if
                the Secretary determines that inclusion of that information
                in the report would adversely affect the national security.
                Any such waiver shall be made on a case-by-case basis.
                    (2) If the Secretary exercises the authority provided
                under paragraph (1), the Secretary shall provide the
                information described in that subsection with respect to the
                special access program concerned, and the justification of
                the waiver, jointly to the chairman and ranking minority
                member of each of the defense committees.
                    (f) A special access program may not be initiated
                until--
                                (1) the defense committees are notified of
                            the program; and
                                (2) a period of 30 days elapses after such
                            notification is received.
                    (g) In this section, the term ``defense committees''
                means--
                                (1) the Committees on Armed Services and
                            Appropriations of the Senate and House of
                            Representatives; and
                                (2) the Defense Subcommittees of the
                            Committees on Appropriations of the Senate and
                            House of Representatives. (Added Pub. L. 100-
                            180, Div. A, Title XI, Sec. 1132(a)(1), Dec. 4,
                            1987, 101 Stat. 1151, and amended Pub. L. 101-
                            510, Div. A, Title XIV, Secs. 1461, 1482(a),
                            Nov. 5, 1990, 104 Stat. 1698, 1709.)

                                        * * * * * * *

                             Chapter 9.--DEFENSE BUDGET MATTERS

        441.2b  Sec. 221. Future-years defense program; submission to
                    Congress; consistency in budgeting.
                    (a) The Secretary of Defense shall submit to Congress
                each year, at or about the time that the President's budget
                is submitted to Congress that year under section 1105(a) of
                title 31, a future-years defense program (including
                associated annexes) reflecting the estimated expenditures
                and proposed appropriations included in that budget. Any
                such future-years defense program shall cover the fiscal
                year with respect to which the budget is submitted and at
                least the four succeeding fiscal years.
                    (b)(1) The Secretary of Defense shall ensure that
                amounts described in subparagraph (A) of paragraph (2) for
                any fiscal year are consistent with amounts described in
                subparagraph (B) of paragraph (2) for that fiscal year.
                    (2) Amounts referred to in paragraph (1) are the
                following;
                                (A) The amounts specified in program and
                            budget information submitted to Congress by the
                            Secretary in support of expenditure estimates
                            and proposed appropriations in the budget
                            submitted to Congress by the President under
                            section 1105(a) of title 31 for any fiscal year,
                            as shown in the future-years defense program
                            submitted pursuant to subsection (a).
                                (B) The total amounts of estimated
                            expenditures and proposed appropriations
                            necessary to support the programs, projects, and
                            activities of the Department of Defense included
                            pursuant to paragraph (5) of section 1105(a) of
                            title 31 in the budget submitted to Congress
                            under that section for any fiscal year.
                    (c) Nothing in this section shall be construed to
                prohibit the inclusion in the future-years defense program
                of amounts for management contin-

    [[Page 640]]

                gencies, subject to the requirements of subsection (b).
                (Added Pub. L. 101-189, Sec. 1602(a)(1), Nov. 29, 1989, 103
                Stat. 1596; amended Pub. L. 101-510, Sec. 1402(a), Nov. 5,
                1990, 104 Stat. 1674; renumbered Sec. 221 and amended Pub.
                L. 102-484, Sec. 1002(c), Oct. 23, 1992, 106 Stat. 2480.)
        441.2c  Sec. 222. Future-years mission budget
                (a) Future-years mission budget.--The Secretary of Defense
                    shall submit to Congress for each fiscal year a future-
                    years mission budget for the military programs of the
                    Department of Defense. That budget shall be submitted
                    for any fiscal year at the same time that the
                    President's budget for that fiscal year is submitted to
                    Congress pursuant to section 1105 of title 31.
                (b) Consistency with future-years defense program.--The
                    future-years mission budget shall be consistent with the
                    future-years defense program required under section 221
                    of this title. In the future-years mission budget, the
                    military programs of the Department of Defense shall be
                    organized on the basis of major roles, missions, or
                    forces of the Department of Defense.
                (c) Relationship to other defense budget formats.--The
                    requirement in subsection (a) is in addition to the
                    requirements in any other provision of law regarding the
                    format for the presentation regarding military programs
                    of the Department of Defense in the budget submitted
                    pursuant to section 1105 of title 31 for any fiscal
                    year. (Added Pub. L. 102-484, Div. A, Title X,
                    Sec. 1002(a)(2), Oct. 23, 1992, 106 Stat. 2480.)
        441.2d  Sec. 226. Scoring of outlays.
                (a) Annual OMB/CBO report.--Not later than December 15 of
                    each year, the Director of the Office of Management and
                    Budget and the Director of the Congressional Budget
                    Office shall submit to the Speaker of the House of
                    Representatives and the Committees on Armed Services,
                    Appropriations, and the Budget of the Senate a joint
                    report containing an agreed resolution of all
                    differences between--
                                (1) the technical assumptions to be used by
                            the Office of Management and Budget in preparing
                            estimates with respect to all accounts in major
                            functional category 050 (National Defense) for
                            the budget to be submitted to Congress in the
                            following year pursuant to section 1105 of title
                            31 and
                                (2) the technical assumptions to be used by
                            the Congressional Budget Office in preparing
                            estimates with respect to those accounts for
                            that budget.
                (b) Use of averages.--If the two Directors are unable to
                    agree upon any technical assumption, the report shall
                    reflect the average of the relevant outlay rates or
                    assumptions used by the two offices.
                (c) Matters to be included.--The report with respect to a
                    budget shall identify the following:
                                (1) The agreed first-year and outyear outlay
                            rates for each account in budget function 050
                            (National Defense) for each fiscal year covered
                            by the budget.

    [[Page 641]]

                                (2) The agreed amount of outlays estimated
                            to occur from unexpended appropriations made for
                            fiscal years before the fiscal year that begins
                            after submission of the report.

                (Added Pub. L. 102-190, Div. A, Title X, Sec. 1002(a)(1),
                Dec. 5, 1991, 105 Stat. 1455, Sec. 221; renumbered Sec. 226,
                Pub. L. 102-484, Div. A, Title X, Sec. 1002(a)(1), Oct. 23,
                1992, 106 Stat. 2480; amended Pub. L. 103-160, Sec. 1104,
                Nov. 30, 1993, 107 Stat. 1749.)

                                        * * * * * * *

                        Chapter 403.--UNITED STATES MILITARY ACADEMY

         441.5  Sec. 4342. Cadets: appointments; numbers, territorial
                    distribution.
                    (a) The authorized strength of the Corps of Cadets of
                the Academy is as follows:
                                (1) 65 cadets selected in order of merit as
                            established by competitive examinations from the
                            children of members of the armed forces who were
                            killed in action or died of, or have a service-
                            connected disability rated at not less than 100
                            per centum resulting from, wounds or injuries
                            received or diseases contracted in, or
                            preexisting injury or disease aggravated by,
                            active service, children of members who are in a
                            ``missing status'' as defined in section 551(2)
                            of title 37, and children of civilian employees
                            who are in ``missing status'' as defined in
                            section 5561(5) of title 5. The determination of
                            the Department of Veterans Affairs as to service
                            connection of the cause of death or disability,
                            and the percentage at which the disability is
                            rated, is binding upon the Secretary of the
                            Army.
                                (2) Five cadets nominated at large by the
                            Vice President or, if there is no Vice
                            President, by the President pro tempore of the
                            Senate.
                                (3) Ten cadets from each State, five of whom
                            are nominated by each Senator from that State.
                                (4) Five cadets from each congressional
                            district, nominated by the Representative from
                            the district.
                                (5) Five cadets from the District of
                            Columbia, nominated by the Delegate to the House
                            of Representatives from the District of
                            Columbia.
                                (6) Two cadets from the Virgin Islands,
                            nominated by the Delegate in Congress from the
                            Virgin Islands.
                                (7) Six cadets from Puerto Rico, five of
                            whom are nominated by the Resident Commissioner
                            from Puerto Rico and one who is a native of
                            Puerto Rico nominated by the Governor of Puerto
                            Rico.
                                (8) Two cadets from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) One cadet from American Samoa, nominated
                            by the Delegate in Congress from American Samoa.

                Each Senator, Representative, and Delegate in Congress,
                including the Resident Commissioner from Puerto Rico, is
                entitled to nominate 10 persons for each vacancy that is
                available to him under this section. Nominees may be
                submitted without ranking or with a principal candidate and
                9 ranked or unranked alternates. Qualified nominees not
                selected for appointment under this subsection shall be
                considered qualified alternates for purposes of selection
                under other provisions of this chapter.

    [[Page 642]]

                    (b) In addition, there may be appointed each year at the
                Academy cadets as follows:
                                (1) One hundred selected by the President
                            from the children of members of an armed force
                            who--

                                    (A) are on active duty (other than for
                                training) and who have served continuously
                                on active duty for at least eight years;

                                    (B) are, or who died while they were,
                                retired with pay or granted retired or
                                retainer pay, other than those granted
                                retired pay under section 12731 of this
                                title (or under section 1331 of this title
                                as in effect before the effective date of
                                the Reserve Officer Personnel Management
                                Act);

                        however, a person who is eligible for selection
                        under clause (1) of subsection (a) may not be
                        selected under this clause.
                                (2) 85 nominated by the Secretary of the
                            Army from enlisted members of the Regular Army.
                                (3) 85 nominated by the Secretary of the
                            Army from enlisted members of reserve components
                            of the Army.
                                (4) 20 nominated by the Secretary of the
                            Army, under regulations prescribed by him, from
                            the honor graduates of schools designated as
                            honor schools by the Department of the Army, the
                            Department of the Navy, or the Department of the
                            Air Force, and from members of the Reserve
                            Officers' Training Corps.
                                (5) 150 selected by the Secretary of the
                            Army in order of merit (prescribed pursuant to
                            section 4343 of this title) from qualified
                            alternates nominated by persons named in clauses
                            (3) and (4) of subsection (a).
                    (c) The President may also appoint as cadets at the
                Academy children of persons who have been awarded the Medal
                of Honor for acts performed while in the armed forces.
                    (d) The Superintendent may nominate for appointment each
                year 50 persons from the country at large. Persons nominated
                under this paragraph may not displace any appointment
                authorized under clauses (2) through (9) of subsection (a)
                and may not cause the total strength of the Corps of Cadets
                to exceed the authorized number.
                    (e) If the annual quota of cadets under subsection (b)
                (1), (2), (3) is not filled, the Secretary may fill the
                vacancies by nominating for appointment other candidates
                from any of these sources who were found best qualified on
                examination for admission and not otherwise nominated.
                    (f) Each candidate for admission nominated under clauses
                (3) through (9) of subsection (a) must be domiciled in the
                State, or in the congressional district, from which he is
                nominated, or in the District of Columbia, Puerto Rico,
                American Samoa, Guam, or the Virgin Islands, if nominated
                from one of those places.
                    (g) The Secretary of the Army may limit the number of
                cadets authorized to be appointed under this section to the
                number that can be adequately accommodated at the Academy,
                as determined by the Secretary after consulting with the
                Committees on Armed Services of the Senate and House of
                Representatives, subject to the following:
                                (1) Cadets chargeable to each nominating
                            authority named in subsection (a) (3) or (4) may
                            not be limited to less than four.

    [[Page 643]]

                                (2) If the Secretary limits the number of
                            appointments under subsection (a) (3) or (4),
                            appointments under subsection (b) (1)-(4) are
                            limited as follows:

                                    (A) 26 appointments under subsection
                                (b)(1);

                                    (B) 27 appointments under subsection
                                (b)(2);

                                    (C) 27 appointments under subsection
                                (b)(3); and

                                    (D) 13 appointments under subsection
                                (b)(4).

                                (3) If the Secretary limits the number of
                            appointments under subsection (b)(5),
                            appointments under subsection (b) (2)-(4) are
                            limited as follows:

                                    (A) 27 appointments under subsection
                                (b)(2);

                                    (B) 27 appointments under subsection
                                (b)(3); and

                                    (C) 13 appointments under subsection
                                (b)(4).

                                (4) The limitations provided for in this
                            subsection do not affect the operation of
                            subsection (e).
                    (h) The Secretary of the Army shall furnish to any
                Member of Congress, upon the written requests of such
                Member, the name of the Congressman or other nominating
                authority responsible for nomination of any named or
                identified person for appointment to the Academy. (Aug. 10,
                1956, ch. 1041, 70A Stat. 240; Sept. 2, 1958, Pub. L. 85-
                861, Sec. 33(a)(26), 72 Stat. 1565; Sept. 14, 1962, Pub. L.
                87-663, Sec. 1(1), (2), 76 Stat. 547; Mar. 3, 1964, Pub. L.
                88-276, Sec. 1(1), 78 Stat. 148; Oct. 13, 1966, Pub. L. 89-
                650, Sec. 1(1)-(4), 80 Stat. 896; July 5, 1968, Pub. L. 90-
                374, 82 Stat. 283; Sept. 22, 1970, Pub. L. 91-405,
                Sec. 204(c), 84 Stat. 852; Aug. 7, 1972, Pub. L. 92-365,
                Sec. 1(1), 86 Stat. 505; Nov. 29, 1973, Pub. L. 93-171,
                Sec. 1(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub. L. 94-106,
                Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 12, 1980,
                Pub. L. 96-513, Title V, Sec. 512(13), 94 Stat. 2930; Dec.
                24, 1980, Pub. L. 96-600, Sec. 2(a), 94 Stat. 3493; Oct. 14,
                1981, Pub. L. 97-60, Title II, Sec. 203(a)(1), 95 Stat.
                1006; Sept. 24, 1983, Pub. L. 98-94, Title X,
                Sec. 1005(a)(1) and (b)(1), 97 Stat. 660; Nov. 5, 1990, Pub.
                L. 101-510, Sec. 532, 104 Stat. 1563; Nov. 30, 1993,
                Sec. 531 Pub. L. 103-160, 107 Stat. 1657; Oct. 5, 1994, Pub.
                L. 103-337, Sec. 1672(c)(3), 108 Stat. 3015.)
           442  Sec. 4355. Board of Visitors.
                    (a) A Board of Visitors to the Academy is constituted
                annually of--
                                (1) the chairman of the Committee on Armed
                            Services of the Senate, or his designee;
                                (2) three other members of the Senate
                            designated by the Vice President or the
                            President pro tempore of the Senate, two of whom
                            are members of the Committee on Appropriations
                            of the Senate;
                                (3) the chairman of the Committee on Armed
                            Services of the House of Representatives, or his
                            designee;
                                (4) four other members of the House of
                            Representatives designated by the Speaker of the
                            House of Representatives, two of whom are
                            members of the Committee on Appropriations of
                            the House of Representatives; and
                                (5) six persons designated by the President.
                    (b) The persons designated by the President serve for
                three years each except that any member whose term of office
                has expired shall continue to serve until his successor is
                appointed. The President shall designate two persons each
                year to succeed the members whose terms expire that year.

    [[Page 644]]

                    (c) If a member of the Board dies or resigns, a
                successor shall be designated for the unexpired portion of
                the term by the official who designated the member.
                    (d) The Board shall visit the Academy annually. With the
                approval of the Secretary of the Army, the Board or its
                members may make other visits to the Academy in connection
                with the duties of the Board or to consult with the
                Superintendent of the Academy.
                    (e) The Board shall inquire into the morale and
                discipline, the curriculum, instruction, physical equipment,
                fiscal affairs, academic methods, and other matters relating
                to the Academy that the Board decides to consider.
                    (f) Within 60 days after its annual visit, the Board
                shall submit a written report to the President of its
                action, and of its views and recommendations pertaining to
                the Academy. Any report of a visit, other than the annual
                visit, shall, if approved by a majority of the members of
                the Board, be submitted to the President within 60 days
                after the approval.
                    (g) Upon approval by the Secretary, the Board may call
                in advisers for consultation.
                    (h) While performing his duties, each member of the
                Board and each adviser is entitled to not more than $5 a day
                and shall be reimbursed under Government travel regulations
                for his travel expenses. (Aug. 10, 1956, ch. 1041, 70A Stat.
                245; Dec. 23, 1980, Pub. L. 96-579, Sec. 13(a), 94 Stat.
                3369.)

                          Chapter 603.--UNITED STATES NAVAL ACADEMY

         442.5  Sec. 6954. Midshipmen: number.
                    (a) There may be at the Naval Academy at any one time
                midshipmen as follows:
                                (1) 65 selected in order of merit as
                            established by competitive examination from the
                            children of members of the armed forces who were
                            killed in action or died of, or have a service-
                            connected disability at not less than 100 per
                            centum resulting from, wounds or injuries
                            received or diseases contracted in, or
                            preexisting injury or disease aggravated by,
                            active service, children of members who are in a
                            ``missing status'' as defined in section 551(2)
                            of title 37, and children of civilian employees
                            who are in ``missing status'' as defined in
                            section 5561(5) of title 5. The determination of
                            the Department of Veterans Affairs as to service
                            connection of the cause of death or disability,
                            and the percentage at which the disability is
                            rated, is binding upon the Secretary of the
                            Navy.
                                (2) Five nominated at large by the Vice
                            President or, if there is no Vice President, by
                            the President pro tempore of the Senate.
                                (3) Ten from each State, five of whom are
                            nominated by each Senator from that State.
                                (4) Five nominated by each Representative in
                            Congress.
                                (5) Five from the District of Columbia,
                            nominated by the Delegate to the House of
                            Representatives from the District of Columbia.
                                (6) Two from the Virgin Islands, nominated
                            by the Delegate in Congress from the Virgin
                            Islands.

    [[Page 645]]

                                (7) Six from Puerto Rico, five of whom are
                            nominated by the Resident Commissioner from
                            Puerto Rico and one who is a native of Puerto
                            Rico nominated by the Governor of Puerto Rico.
                                (8) Two from Guam, nominated by the Delegate
                            in Congress from Guam.
                                (9) One from American Samoa nominated by the
                            Delegate in Congress from American Samoa.

                Each Senator, Representative, and Delegate in Congress,
                including the Resident Commissioner from Puerto Rico, is
                entitled to nominate 10 persons for each vacancy that is
                available under this section. Nominees may be submitted
                without ranking or with a principal candidate and 9 ranked
                or unranked alternates. Qualified nominees not selected for
                appointment under this subsection shall be considered
                qualified alternates for the purposes of selection under
                other provisions of this chapter.

                    (b) In addition there may be appointed each year at the
                Academy midshipmen as follows:
                                (1) One hundred selected by the President
                            from the children of members of an armed force
                            who--

                                    (A) are on active duty (other than for
                                training) and who have served continuously
                                on active duty for at least eight years;

                                    (B) are, or who died while they were,
                                retired with pay or granted retired or
                                retainer pay, other than those granted
                                retired pay under section 12731 of this
                                title (or under section 1331 of this title
                                as in effect before the effective date of
                                the Reserve Officer Personnel Management
                                Act);

                        however, a person who is eligible for selection
                        under clause (1) of subsection (a) may not be
                        selected under this clause.
                                (2) 85 nominated by the Secretary of the
                            Navy from enlisted members of the Regular Navy
                            and the Regular Marine Corps.
                                (3) 85 nominated by the Secretary of the
                            Navy from enlisted members of the Naval Reserve
                            and the Marine Corps Reserve.
                                (4) 20 nominated by the Secretary of the
                            Navy, under regulations prescribed by him, from
                            the honor graduates of schools designated as
                            honor schools by the Department of the Army, the
                            Department of the Navy, or the Department of the
                            Air Force, and from members of the Naval Reserve
                            Officers' Training Corps.
                                (5) 150 selected by the Secretary of the
                            Navy in order of merit (prescribed pursuant to
                            section 6956 of this title) from qualified
                            alternates nominated by persons named in clauses
                            (3) and (4) of subsection (a).
                    (c) The President may also appoint as midshipmen at the
                Academy children of persons who have been awarded the Medal
                of Honor for acts performed while in the armed forces.
                    (d) The Superintendent of the Naval Academy may nominate
                for appointment each year 50 persons from the country at
                large. Persons nominated under this paragraph may not
                displace any appointment authorized under clauses (2)
                through (9) of subsection (a) and may not cause the total
                strength of midshipmen at the Naval Academy to exceed the
                authorized number.
                    (e) The Secretary of the Navy may limit the number of
                midshipmen appointed under subsection (b)(5). When he does
                so, if the total number of midshipmen, upon admission of a
                new class at the Academy, will

    [[Page 646]]

                be more than 3,737, no appointments may be made under
                subsection (b) (2) or (3) of this section or section 6956 of
                this title.
                    (f) The Secretary of the Navy shall furnish to any
                Member of Congress, upon the written request of such Member,
                the name of the Congressman or other nominating authority
                responsible for the nomination of any named or identified
                person for appointment to the Academy. (Aug. 10, 1956, ch.
                1041, 70A Stat. 429; Sept. 7, 1962, Pub. L. 87-651,
                Sec. 124, 76 Stat. 514; Sept. 14, 1962, Pub. L. 87-663,
                Sec. 1(3), 76 Stat. 547; Mar. 3, 1964, Pub. L. 88-276,
                Sec. 2, 78 Stat. 150; Oct. 13, 1966, Pub. L. 89-650,
                Sec. 1(1)-(3), 80 Stat. 896; July 5, 1968, Pub. L. 90-374,
                82 Stat. 283; Sept. 22, 1970, Pub. L. 91-405, Sec. 204(c),
                84 Stat. 852; Aug. 7, 1972, Pub. L. 92-365, Sec. 1(2), 86
                Stat. 505; Nov. 29, 1973, Pub. L. 93-171, Sec. 2(1)-(3), 87
                Stat. 690; Oct. 7, 1975, Pub. L. 94-106, Title VIII,
                Sec. 803(b)(1), 89 Stat. 538; Dec. 24, 1980, Pub. L. 96-600,
                Sec. 2(b), 94 Stat. 3493; Oct. 14, 1981, Pub. L. 97-60,
                Title II, Sec. 203(b)(2), 95 Stat. 1006; Oct. 12, 1982, Pub.
                L. 97-295, Sec. 1(44), 96 Stat. 1298; Sept. 24, 1983, Pub.
                L. 98-94, Title X, Sec. 1005 (a)(2) and (b)(2), 97 Stat.
                660; Nov. 5, 1990, Pub. L. 101-510, Sec. 532(b), 104 Stat.
                1563; Nov. 30, 1993, Pub. L. 103-160, Sec. 531, 107 Stat.
                1657; Oct. 5, 1994, Pub. L. 103-337, Sec. 1673(c)(2), 108
                Stat. 3016.)
         442.6  Sec. 6956. Midshipmen: nomination and selection to fill
                    vacancies.
                    (a) If the annual quota of midshipmen from--
                                (1) enlisted members of the Regular Navy and
                            the Regular Marine Corps;
                                (2) enlisted members of the Naval Reserve
                            and the Marine Corps Reserve; or
                                (3) at large by the President;

                is not filled, the Secretary may fill the vacancies by
                nominating for appointment other candidates from any of
                these sources who were found best qualified on examination
                for admission and not otherwise nominated.

                    (b) If it is determined that, upon the admission of a
                new class to the Academy, the number of midshipmen at the
                Academy will be below the authorized number, the Secretary
                may fill the vacancies by nominating additional midshipmen
                from qualified candidates designated as alternates and from
                other qualified candidates who competed for nomination and
                are recommended and found qualified by the Academic Board.
                At least three-fourths of those nominated under this
                subsection shall be from qualified alternates under clauses
                (2) through (8) of section 6954(a) of this title, and the
                remainder shall be from qualified candidates who competed
                for appointment under any other provision of law. An
                appointment of a nominee under this subsection is an
                additional appointment and is not in place of an appointment
                otherwise authorized by law.
                    (c) The failure of a member of a graduating class to
                complete the course with his class does not delay the
                appointment of his successor. (Aug. 10, 1956, ch. 1041, 70A
                Stat. 430; March. 3, 1964, Pub. L. 88-276, Sec. 3, 78 Stat.
                151; July 5, 1968, Pub. L. 90-374, 82 Stat. 283; Nov. 29,
                1973, Pub. L. 93-171, Sec. 2(4), 87 Stat. 690; Oct. 7, 1975,
                Pub. L. 94-106, Title VIII, Sec. 803(b)(2), 89 Stat. 538;
                Oct. 14, 1981, Pub. L. 97-60, Title II, Sec. 206, 95 Stat.
                1007; Nov. 5, 1990, Pub. L. 101-510, Sec. 1322(a), 104 Stat.
                1671, Sec. 532(b), 104 Stat. 1563, 1671; Nov. 5, 1990, Pub.
                L. 101-510, Sec. 532(b)(2), Sec. 1322(a)(14), 104 Stat.
                1563, 1671.)

    [[Page 647]]

           443  Sec. 6968. Board of Visitors.
                    (a) A Board of Visitors to the Naval Academy is
                constituted annually of--
                                (1) the chairman of the Committee on Armed
                            Services of the Senate, or his designee;
                                (2) three other members of the Senate
                            designated by the Vice President or the
                            President pro tempore of the Senate, two of whom
                            are members of the Committee on Appropriations
                            of the Senate;
                                (3) the chairman of the Committee on Armed
                            Services of the House of Representatives, or his
                            designee;
                                (4) four other members of the House of
                            Representatives designated by the Speaker of the
                            House of Representatives, two of whom are
                            members of the Committee on Appropriations of
                            the House of Representatives; and
                                (5) six persons designated by the President.
                    (b) The persons designated by the President serve for
                three year each except that any member whose term of office
                has expired shall continue to serve until his successor is
                appointed. The President shall designate two persons each
                year to succeed the members whose terms expire that year.
                    (c) If a member of the Board dies or resigns, a
                successor shall be designated for the unexpired portion of
                the term by the official who designated the member.
                    (d) The Board shall visit the Academy annually. With the
                approval of the Secretary of the Navy, the Board or its
                members may make other visits to the Academy in connection
                with the duties of the Board or to consult with the
                Superintendent of the Academy.
                    (e) The Board shall inquire into the state of morale and
                discipline, the curriculum, instruction, physical equipment,
                fiscal affairs, academic methods, and other matters relating
                to the Academy that the Board decides to consider.
                    (f) Within 60 days after its annual visit, the Board
                shall submit a written report to the President of its action
                and of its views and recommendations pertaining to the
                Academy. Any report of a visit, other than the annual visit,
                shall, if approved by a majority of the members of the
                Board, be submitted to the President within 60 days after
                the approval.
                    (g) Upon approval by the Secretary, the Board may call
                in advisers for consultation.
                    (h) While performing his duties, each member of the
                Board and each adviser is entitled to not more than $5 a day
                and shall be reimbursed under Government travel regulations
                for his travel expenses. (Aug. 10, 1956, ch. 1041, 70A Stat.
                434; Dec. 23, 1980, Pub. L. 96-579, Sec. 13(b), 94 Stat.
                3369.)

                        Chapter 903.--UNITED STATES AIR FORCE ACADEMY

         443.5  Sec. 9342. Cadets: appointment; numbers, territorial
                    distribution.
                    (a) The authorized strength of Air Force Cadets of the
                Academy is as follows:
                                (1) 65 cadets selected in order of merit as
                            established by competitive examination from the
                            children of members of the armed forces who were
                            killed in action or died of, or have a service-
                            connected

    [[Page 648]]

                            disability rated at not less than 100 per centum
                            resulting from, wounds or injuries received or
                            diseases contracted in, or preexisting injury or
                            disease aggravated by, active service, children
                            of members who are in a ``missing status'' as
                            defined in section 551(2) of title 37, and
                            children of civilian employees who are in a
                            ``missing status'' as defined in section 5561(5)
                            of title 5. The determination of the Department
                            of Veterans Affairs as to service connection of
                            the cause of death or disability, and the
                            percentage at which the disability is rated, is
                            binding upon the Secretary of the Air Force.
                                (2) Five cadets nominated at large by the
                            Vice President or, if there is no Vice
                            President, by the President pro tempore of the
                            Senate.
                                (3) Ten cadets from each State, five of whom
                            are nominated by each Senator from that State.
                                (4) Five cadets from each congressional
                            district, nominated by the Representative from
                            the district.
                                (5) Five cadets from the District of
                            Columbia, nominated by the Delegate to the House
                            of Representatives from the District of
                            Columbia.
                                (6) Two cadets from the Virgin Islands,
                            nominated by the Delegate in Congress from the
                            Virgin Islands.
                                (7) Six cadets from Puerto Rico, five of
                            whom are nominated by the Resident Commissioner
                            from Puerto Rico and one who is a native of
                            Puerto Rico nominated by the Governor of Puerto
                            Rico.
                                (8) Two cadets from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) One cadet from American Samoa, nominated
                            by the Delegate in Congress from American Samoa.

                Each Senator, Representative, and Delegate in Congress,
                including the Resident Commissioner from Puerto Rico, is
                entitled to nominate 10 persons for each vacancy that is
                available under this section. Nominees may be submitted
                without ranking or with a principal candidate and 9 ranked
                or unranked alternates. Qualified nominees not selected for
                appointment under this subsection shall be considered
                qualified alternates for the purposes of selection under
                other provisions of this chapter.

                    (b) In addition, there may be appointed each year at the
                Academy cadets as follows:
                                (1) One hundred selected by the President
                            from the children of members of an armed force
                            who--

                                    (A) are on active duty (other than for
                                training) and who have served continuously
                                on active duty for at least eight years:

                                    (B) are, or who died while they were,
                                retired with pay or granted retired or
                                retainer pay, other than those granted
                                retired pay under section 12731 of this
                                title (or under section 1331 of this title
                                as in effect before the effective date of
                                the Reserve Officer Personnel Management
                                Act);

                        however, a person who is eligible for selection
                        under clause (1) of subsection (a) may not be
                        selected under this clause.
                                (2) 85 nominated by the Secretary of the Air
                            Force from enlisted members of the Regular Air
                            Force.
                                (3) 85 nominated by the Secretary of the Air
                            Force from enlisted members of reserve
                            components of the Air Force.

    [[Page 649]]

                                (4) 20 nominated by the Secretary of the Air
                            Force, under regulations prescribed by him, from
                            the honor graduates of schools designated as
                            honor schools by the Department of the Army, the
                            Department of the Navy, or the Department of the
                            Air Force, and from members of the Air Force
                            Reserve Officers' Training Corps.
                                (5) 150 selected by the Secretary of the Air
                            Force in order of merit (prescribed pursuant to
                            section 9343 of this title) from qualified
                            alternates nominated by persons named in clauses
                            (3) and (4) of subsection (a).
                    (c) The President may also appoint as cadets at the
                Academy children of persons who have been awarded the Medal
                of Honor for acts performed while in the armed forces.
                    (d) The Superintendent may nominate for appointment each
                year 50 persons from the country at large. Persons nominated
                under this paragraph may not displace any appointment
                authorized under clauses (2) through (9) of subsection (a)
                and may not cause the total strength of Air Force Cadets to
                exceed the authorized number.
                    (e) If the annual quota of cadets under subsection (b)
                (1), (2), or (3) is not filled, the Secretary may fill the
                vacancies by nominating for appointment other candidates
                from any of these sources who were found best qualified on
                examination for admission and not otherwise nominated.
                    (f) Each candidate for admission nominated under clauses
                (3) through (9) of subsection (a) must be domiciled in the
                State, or in the congressional district, from which he is
                nominated, or in the District of Columbia, Puerto Rico,
                American Samoa, Guam, or the Virgin Islands, if nominated
                from one of those places.
                    (g) The Secretary of the Air Force may limit the number
                of cadets authorized to be appointed under this section to
                the number that can be adequately accommodated at the
                Academy as determined by the Secretary after consulting with
                the Committees on Armed Services of the Senate and House of
                Representatives, subject to the following:
                                (1) Cadets chargeable to each nominating
                            authority named in subsection (a) (3) or (4) may
                            not be limited to less than four.
                                (2) If the Secretary limits the number of
                            appointments under subsection (a) (3) or (4),
                            appointments under subsection (b) (1)-(4) are
                            limited as follows:

                                    (A) 27 appointments under subsection
                                (b)(1);

                                    (B) 27 appointments under subsection
                                (b)(2);

                                    (C) 27 appointments under subsection
                                (b)(3); and

                                    (D) 13 appointments under subsection
                                (b)(4).

                                (3) If the Secretary limits the number of
                            appointments under subsection (b)(5),
                            appointments under subsection (b) (2)-(4) are
                            limited as follows:

                                    (A) 27 appointments under subsection
                                (b)(2);

                                    (B) 27 appointments under subsection
                                (b)(3); and

                                    (C) 13 appointments under subsection
                                (b)(4).

                                (4) The limitations provided for in this
                            subsection do not affect the operation of
                            subsection (e).
                    (h) The Secretary of the Air Force shall furnish to any
                Member of Congress, upon the written request of such Member,
                the name of the Congressman or other nominating authority
                responsible for the nomination of any named or identified
                person for appointment to the Academy.

    [[Page 650]]

                (Aug. 10, 1956, ch. 1041, 70A Stat. 563; Sept. 14, 1962,
                Pub. L. 87-663, Sec. 1(5), (6), 76 Stat. 547; Mar. 3, 1964,
                Pub. L. 88-276, Sec. 4(1), 78 Stat. 151; Oct. 13, 1966, Pub.
                L. 89-650, Sec. 1(1)-(3), (5), 80 Stat. 896; July 5, 1968,
                Pub. L. 90-374, 82 Stat. 283; Sept. 22, 1970, Pub. L. 91-
                405, Sec. 204(c), 84 Stat. 852; Aug. 7, 1972, Pub. L. 92-
                365, Sec. 1(3), 86 Stat. 505; Nov. 29, 1973, Pub. L. 93-171,
                Sec. 3(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub. L. 94-106,
                Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 12, 1980,
                Pub. L. 96-513, Title V, Sec. 514(11), 94 Stat. 2935; Dec.
                24, 1980, Pub. L. 96-600, Sec. 2(c), 94 Stat. 3493; Oct. 14,
                1981, Pub. L. 97-60, Title II, Sec. 203(c)(1), 95 Stat.
                1006; Sept. 24, 1983, Pub. L. 98-94, Sec. 1005 (a)(3) and
                (b)(3), 97 Stat. 660, 661; Nov. 5, 1990, Pub. L. 101-510,
                Sec. 532(c), 104 Stat. 1563; Nov. 30, 1993, Pub. L. 103-160,
                Sec. 531, 107 Stat. 1657; Oct. 5, 1994, Pub. L. 103-337,
                Sec. 1674(c)(3), 108 Stat. 3017.)
           444  Sec. 9355. Board of Visitors
                    (a) A Board of Visitors to the Academy is constituted
                annually of--
                                (1) the chairman of the Committee on Armed
                            Services of the Senate, or his designee;
                                (2) three other members of the Senate
                            designated by the Vice President or the
                            President pro tempore of the Senate, two of whom
                            are members of the Committee on Appropriations
                            of the Senate;
                                (3) the chairman of the Committee on Armed
                            Services of the House of Representatives, or his
                            designee;
                                (4) four other members of the House of
                            Representatives designated by the Speaker of the
                            House of Representatives two of whom are members
                            of the Committee on Appropriations of the House
                            of Representatives; and
                                (5) six persons designated by the President.
                    (b) The persons designated by the President serve for
                three year each except that any member whose term of office
                has expired shall continue to serve until his successor is
                appointed. The President shall designate two persons each
                year to succeed the members whose terms expire that year.
                    (c) If a member of the Board dies or resigns, a
                successor shall be designated for the unexpired portion of
                the term by the official who designated the member.
                    (d) The Board shall visit the Academy annually. With the
                approval of the Secretary of the Air Force, the Board or its
                members may make other visits to the Academy in connection
                with the duties of the Board or to consult with the
                Superintendent of the Academy.
                    (e) The Board shall inquire into the morale and
                discipline, the curriculum, instruction, physical equipment,
                fiscal affairs, academic methods, and other matters relating
                to the Academy which the Board decides to consider.
                    (f) Within 60 days after its annual visit, the Board
                shall submit a written report to the President of its
                action, and of its views and recommendations pertaining to
                the Academy. Any report of a visit, other than the annual
                visit, shall, if approved by a majority of the members of
                the Board, be submitted to the President within 60 days
                after the approval.
                    (g) Upon approval by the Secretary, the Board may call
                in advisers for consultation.

    [[Page 651]]

                    (h) While performing his duties, each member of the
                Board and each adviser is entitled to not more than $5 a day
                and shall be reimbursed under Government travel regulations
                for his travel expenses. (Aug. 10, 1956, ch. 1041, 70A Stat.
                567; Dec. 23, 1980, Pub. L. 96-579, Sec. 13(c), 94 Stat.
                3369.)

                                        * * * * * * *

                  Chapter 1013.--BUDGET INFORMATION AND ANNUAL REPORTS TO
                                          CONGRESS

           445  Sec. 10541. National Guard and reserve component equipment;
                    annual report to Congress
                    (a) The Secretary of Defense shall submit to the
                Congress each year, not later than February 15, a written
                report concerning the equipment of the National Guard and
                the reserve components of the armed forces for each of the
                three succeeding fiscal years.
                    (b) Each report under this section shall include the
                following:
                                (1) Recommendations as to the type and
                            quantity of each major item of equipment which
                            should be in the inventory of the Selected
                            Reserve of the Ready Reserve of each reserve
                            component of the armed forces.
                                (2) A statement of the quantity and average
                            age of each type of major item of equipment
                            which is expected to be physically available in
                            the inventory of the Selected Reserve of the
                            Ready Reserve of each reserve component as of
                            the beginning of each fiscal year covered by the
                            report.
                                (3) A statement of the quantity and cost of
                            each type of major item of equipment which is
                            expected to be procured for the Selective
                            Reserve of the Ready Reserve of each reserve
                            component from commercial sources or to be
                            transferred to each such Selected Reserve from
                            the active-duty components of the armed forces.
                                (4) A statement of the quantity of each type
                            of major item of equipment which is expected to
                            be retired, decommissioned, transferred, or
                            otherwise removed from the physical inventory of
                            the Selected Reserve of the Ready Reserve of
                            each reserve component and the plans for
                            replacement of that equipment.
                                (5) A listing of each major item of
                            equipment required by the Selected Reserve of
                            the Ready Reserve of each reserve component
                            indicating--

                                    (A) the full war-time requirement of
                                that component for that item, shown in
                                accordance with deployment schedules and
                                requirements over successive 30-day periods
                                following mobilization;

                                    (B) the number of each such item in the
                                inventory of the component;

                                    (C) a separate listing of each such item
                                in the inventory that is a deployable item
                                and is not the most desired item;

                                    (D) the number of each such item
                                projected to be in the inventory at the end
                                of the third succeeding fiscal year; and

                                    (E) the number of nondeployable items in
                                the inventory as a substitute for a required
                                major item of equipment.

                                (6) A narrative explanation of the plan of
                            the Secretary concerned to provide equipment
                            needed to fill the war-time requirement for

    [[Page 652]]

                            each major item of equipment to all units of the
                            Selected Reserve, including an explanation of
                            the plan to equip units of the Selected Reserve
                            that are short of major items of equipment at
                            the outset of war.
                                (7) For each item of major equipment
                            reported under paragraph (3) in a report for one
                            of the three previous years under this section
                            as an item expected to be procured for the
                            Selected Reserve or to be transferred to the
                            Selected Reserve, the quantity of such equipment
                            actually procured for or transferred to the
                            Selected Reserve.
                                (8) A statement of the current status of the
                            compatibility of equipment between Army reserve
                            components and active forces of the Army, the
                            effect of that level of incompatibility on
                            combat effectiveness, and a plan to achieve full
                            equipment compatibility.
                    (c) Each report under this section shall be expressed in
                the same format and with the same level of detail as the
                information presented in the annual Five Year Defense
                Program Procurement Annex prepared by the Department of
                Defense. (Added Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990,
                104 Stat. 1714 [former Sec. 115(a)(2), (3)]; amended Pub. L.
                102-484, Sec. 1134, Oct. 23, 1992, 106 Stat. 2541;
                transferred, redesignated Sec. 10541, and amended Pub. L.
                103-337, Sec. 1661(d)(2), Oct. 5, 1994, 108 Stat. 2982.)

    [[Page 653]]

                                TITLE 12.--BANKS AND BANKING

                             Chapter 3.--FEDERAL RESERVE SYSTEM

           445  Sec. 303. Qualifications and disabilities [of members of
                    Board of Governors of Federal Reserve System].
                    No Senator * * * shall be a member of the Board of
                Governors of the Federal Reserve System or an officer or a
                director of a Federal Reserve bank. * * * (Dec. 23, 1913,
                ch. 6, Sec. 4, 38 Stat. 254; Aug. 23, 1935, ch. 614,
                Sec. 203(a), 49 Stat. 704.)

    [[Page 654]]

                                   TITLE 14.--COAST GUARD

                               Chapter 9.--COAST GUARD ACADEMY

           446  Sec. 194. Annual Board of Visitors.
                    (a) In addition to the Advisory Committee, a Board of
                Visitors to the Academy is established to visit the Academy
                annually and to make recommendations on the operation of the
                Academy.
                    (b) The Board shall be composed of--
                                (1) two Senators designated by the Chairman
                            of the Committee on Commerce, Science, and
                            Transportation of the Senate;
                                (2) three Members of the House of
                            Representatives designated by the Chairman of
                            the Committee on Merchant Marine and Fisheries
                            of the House of Representatives;
                                (3) one Senator designated by the President
                            of the Senate;
                                (4) two Members of the House of
                            Representatives designated by the Speaker of the
                            House of Representatives; and
                                (5) the Chairman of the Committee on
                            Commerce, Science, and Transportation of the
                            Senate and the Chairman of the Committee on
                            Merchant Marine and Fisheries of the House of
                            Representatives, as ex offico Members.
                    (c) When a Member is unable to attend the annual meeting
                another Member may be designated as provided under
                subsection (b).
                    (d) When an ex officio Member is unable to attend the
                annual meeting that Member may designate another Member.
                    (e) Members of the Board shall be designated in the
                First Session and serve for the duration of the Congress.
                    (f) The Board shall visit the Academy annually on the
                date chosen by the Secretary. Each Member of the Board shall
                be reimbursed, to the extent permitted by law, by the Coast
                Guard for actual expenses incurred while engaged in duties
                as a Member of the Board. (Aug. 4, 1949, ch. 393, Sec. 1, 63
                Stat. 510; Nov. 16, 1990, Pub. L. 101-595, Sec. 304, 104
                Stat. 2984.)

    [[Page 655]]

                                TITLE 15.--COMMERCE AND TRADE

                         Chapter 21.--NATIONAL POLICY ON EMPLOYMENT

         446.5  Sec. 1022. Economic Report of President; coverage;
                    supplementary reports; reference to congressional joint
                    committee; percentage rate of unemployment; definitions.
                    (a) The President shall annually transmit to the
                Congress not later than 10 days after the submission of the
                budget under section 1105(a) of Title 31, United States
                Code, with copies transmitted to the Governor of each State
                and to other appropriate State and local officials, an
                economic report (hereinafter in this chapter referred to as
                the ``Economic Report'') together with the annual report of
                the Council of Economic Advisers submitted in accord with
                section 1023(c) of this title, setting forth--
                                (1) the current and foreseeable trends in
                            the levels of employment, unemployment,
                            production, capital formation, real income,
                            Federal budget outlays and receipts,
                            productivity, international trade and payments,
                            and prices, and a review and analysis of recent
                            domestic and international developments
                            affecting economic trends in the Nation;
                                (2)(A) annual numerical goals for employment
                            and unemployment, production, real income,
                            productivity, Federal outlays as a proportion of
                            gross national product, and prices for the
                            calendar year in which the Economic Report is
                            transmitted and for the following calendar year,
                            designated as short-term goals, which shall be
                            consistent with achieving as rapidly as feasible
                            the goals of full employment and production,
                            increased real income, balanced growth, fiscal
                            policies that would establish the share of an
                            expanding gross national product accounted for
                            by Federal outlays at the lowest level
                            consistent with national needs and priorities, a
                            balanced Federal budget, adequate productivity
                            growth, price stability, achievement of an
                            improved trade balance, and proper attention to
                            national priorities; and
                                (B) annual numerical goals as specified in
                            subparagraph (A) for the three successive
                            calendar years, designated as medium term goals;
                                (3) employment objectives for certain
                            significant subgroups of the labor force,
                            including youth, women, minorities, handicapped
                            persons, veterans, and middle-aged and older
                            persons; and
                                (4) a program for carrying out the policy
                            declared in section 1021 of this title, together
                            with such recommendations for legislation as the
                            President may deem necessary or desirable.
                    (b) The President may transmit from time to time to the
                Congress reports supplementary to the Economic Report, each
                of which shall include such supplementary or revised
                recommendations as he may deem necessary or desirable to
                achieve the policy declared in section 1021 of this title.

    [[Page 656]]

                    (c) The Economic Report, and all supplementary reports
                transmitted under subsection (b) of this section, shall,
                when transmitted to Congress, be referred to the joint
                committee created by section 1024 of this title.
                    (d) For the purposes of the Full Employment and Balanced
                Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the
                percentage rate of unemployment as a percentage of the
                civilian labor force as set forth by the Bureau of Labor
                Statistics in the Department of Labor as computed under the
                procedures in effect as of October 27, 1978.
                    (e) For the purpose of the Full Employment and Balanced
                Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the
                terms ``inflation'', ``prices'', and ``reasonable price
                stability'' refer to the rate of change or level of the
                consumer price index as set forth by the Bureau of Labor
                Statistics, United States Department of Labor. (Feb. 20,
                1946, ch. 33, Sec. 3, 60 Stat. 24; Aug. 2, 1946, ch. 753,
                Sec. 226, 60 Stat. 838; June 18, 1956, ch. 399, Sec. 1, 70
                Stat. 289; Oct. 27, 1978, Sec. 103, 92 Stat. 1892; May 10,
                1979, Sec. 6(d), 93 Stat. 24; Nov. 5, 1990, Pub. L. 101-508,
                Title XIII, Sec. 13112(e), 104 Stat. 1388.)
           447  Sec. 1024. Joint Economic Committee.
         447.1      (a) There is established a Joint Economic Committee, to
                be composed of ten Members of the Senate, to be appointed by
                the President of the Senate, and ten Members of the House of
                Representatives, to be appointed by the Speaker of the House
                of Representatives. In each case, the majority party shall
                be represented by six Members and the minority party shall
                be represented by four Members.
         447.2      (b) It shall be the function of the joint committee--
                                (1) to make a continuing study of matters
                            relating to the Economic Report;
                                (2) to study means of coordinating programs
                            in order to further the policy of this chapter;
                            and
                                (3) as a guide to the several committees of
                            the Congress dealing with legislation relating
                            to the Economic Report, not later than March 1
                            of each year (beginning with the year 1947) to
                            file a report with the Senate and the House of
                            Representatives containing its findings and
                            recommendations with respect to each of the main
                            recommendations made by the President in the
                            Ecomonic Report, and from time to time to make
                            such other reports and recommendations to the
                            Senate and House of Representatives as it deems
                            advisable.
         447.3      (c) Vacancies in the membership of the joint committee
                shall not affect the power of the remaining members to
                execute the functions of the joint committee, and shall be
                filled in the same manner as in the case of the original
                selection. The joint committee shall select a chairman and a
                vice chairman from among its members.
         447.4      (d) The joint committee, or any duly authorized
                subcommittee thereof, is authorized to hold such hearings as
                it deems advisable, and, within the limitations of its
                appropriations, the joint committee is empowered to appoint
                and fix the compensation of such experts, consultants,
                technicians, and clerical and stenographic assistants, to
                procure such printing and binding, and to make such
                expenditures, as it deems necessary and advisable. The cost
                of stenographic services to report hearings of the joint
                committee, or any subcommittee thereof, shall not exceed 25
                cents per hundred words. The joint committee is authorized
                to utilize

    [[Page 657]]

                the services, information, and facilities of the departments
                and establishments of the Government, and also of private
                research agencies.
         447.5      (e) To enable the joint committee to exercise its
                powers, functions, and duties there are authorized to be
                appropriated for each fiscal year such sums as may be
                necessary, to be disbursed by the Secretary of the Senate on
                vouchers signed by the chairman or vice chairman, except
                that vouchers shall not be required for the disbursement of
                salaries of employees paid at an annual rate.
         447.6      (f) Service of one individual, until the completion of
                the investigation authorized by Senate Concurrent Resolution
                26, Eighty-first Congress, as an attorney or expert for the
                joint committee, in any business or professional field, on a
                part-time basis, with or without compensation, shall not be
                considered as service or employment bringing such individual
                within the provisions of sections 281, 283, or 284 of Title
                18, or of any other Federal law imposing restrictions,
                requirements, or penalties in relation to the employment of
                persons, the performance of services, or the payment or
                receipt of compensation in connection with any claim,
                proceeding, or matter involving the United States. (Feb. 20,
                1946, ch. 33, Sec. 5, 60 Stat. 25; Aug. 2, 1946, ch. 753,
                Sec. 225, 60 Stat. 838; Feb. 2, 1948, ch. 42, 62 Stat. 16,
                Oct. 6, 1949, ch. 627, Secs. 1, 2, 63 Stat. 721; June
                18, 1956, ch. 399, Sec. 2, 70 Stat. 290; Feb. 17, 1959, Pub.
                L. 86-1, 73 Stat. 3; Oct. 13, 1964, Pub. L. 88-661, 78 Stat.
                1093; Jan. 25, 1967, Pub. L. 90-2, 81 Stat. 4; Dec. 27,
                1974, Pub. L. 93-554, Sec. 101, 88 Stat. 1776.) (Note:
                Section 5 of act of February 20, 1946, c. 33, 60 Stat. 25
                was redesignated Section 11 by Pub. L. 95-523, Title I,
                Sec. 104, Oct. 27, 1978, 92 Stat. 1893.)
           448  Sec. 1025. Same; printing of monthly publication entitled
                    ``Economic Indicators''; distribution.
                    The Joint Economic Committee is authorized to issue a
                monthly publication entitled ``Economic Indicators'', and a
                sufficient quantity shall be printed to furnish one copy to
                each Member of Congress; the Secretary and the Sergeant at
                Arms of the Senate; the Clerk, Sergeant at Arms, and
                Doorkeeper of the House of Representatives; two copies to
                the libraries of the Senate and House, and the Congressional
                Library; seven hundred copies to the Joint Economic
                Committee; and the required number of copies to the
                Superintendent of Documents for distribution to depository
                libraries; and the Superintendent of Documents is authorized
                to have copies printed for sale to the public. (June 23,
                1949, ch. 237, 63 Stat. 264.)

    [[Page 658]]

                          TITLE 18.--CRIMES AND CRIMINAL PROCEDURE

                   Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

           450  Sec. 201. Bribery of public officials and witnesses.
                    (a) For the purpose of this section--
                                (1) the term ``public official'' means
                            Member of Congress, Delegate, or Resident
                            Commissioner, either before or after such
                            official has qualified, or an officer or
                            employee or person acting for or on behalf of
                            the United States, or any department, agency or
                            branch of Government thereof, including the
                            District of Columbia, in any official function,
                            under or by authority of any such department,
                            agency, or branch of Government, or a juror;
                                (2) the term ``person who has been selected
                            to be a public official'' means any person who
                            has been nominated or appointed to be a public
                            official, or has been officially informed that
                            such person will be so nominated or appointed;
                            and
                                (3) the term ``official act'' means any
                            decision or action on any question, matter,
                            cause, suit, proceeding or controversy, which
                            may at any time be pending, or which may by law
                            be brought before any public official, in such
                            official's official capacity, or in such
                            official's place of trust or profit.
                    (b) Whoever--
                                (1) directly or indirectly, corruptly gives,
                            offers or promises anything of value to any
                            public official or person who has been selected
                            to be a public official, or offers or promises
                            any public official or any person who has been
                            selected to be a public official to give
                            anything of value to any other person or entity,
                            with intent--

                                    (A) to influence any official act; or

                                    (B) to influence such public official or
                                person who has been selected to be a public
                                official to commit or aid in committing, or
                                collude in, or allow, any fraud, or make
                                opportunity for the commission of any fraud,
                                on the United States; or

                                    (C) to induce such public official or
                                such person who has been selected to be a
                                public official to do or omit to do any act
                                in violation of the lawful duty of such
                                official or person;

                                (2) being a public official or person
                            selected to be a public official, directly or
                            indirectly, corruptly demands, seeks, receives,
                            accepts, or agrees to receive or accept anything
                            of value personally or for any other person or
                            entity, in return for--

                                    (A) being influenced in the performance
                                of any official act;

                                    (B) being influenced to commit or aid in
                                committing, or to collude in, or allow, any
                                fraud, or make opportunity for the
                                commission of any fraud, on the United
                                States; or

                                    (C) being induced to do or omit to do
                                any act in violation of the official duty of
                                such official or person;

                                (3) directly or indirectly, corruptly gives,
                            offers, or promises anything of value to any
                            person, or offers or promises such person

    [[Page 659]]

                            to give anything of value to any other person or
                            entity, with intent to influence the testimony
                            under oath or affirmation of such first-
                            mentioned person as a witness upon a trial,
                            hearing, or other proceeding, before any court,
                            any committee of either House or both Houses of
                            Congress, or any agency, commission, or officer
                            authorized by the laws of the United States to
                            hear evidence or take testimony, or with intent
                            to influence such person to absent himself
                            therefrom;
                                (4) directly or indirectly, corruptly
                            demands, seeks, receives, accepts, or agrees to
                            receive or accept anything of value personally
                            or for any other person or entity in return for
                            being influenced in testimony under oath or
                            affirmation as a witness upon any such trial,
                            hearing, or other proceeding, or in return for
                            absenting himself therefrom;

                shall be fined under this title or not more than three times
                the monetary equivalent of the thing of value, whichever is
                greater, or imprisoned for not more than fifteen years, or
                both, and may be disqualified from holding any office of
                honor, trust, or profit under the United States.

                    (c) Whoever--
                                (1) otherwise than as provided by law for
                            the proper discharge of official duty--

                                    (A) directly or indirectly gives,
                                offers, or promises anything of value to any
                                public official, former public official, or
                                person selected to be a public official, for
                                or because of any official act performed or
                                to be performed by such public official,
                                former public official, or person selected
                                to be a public official; or

                                    (B) being a public official, former
                                public official, or person selected to be a
                                public official, otherwise than as provided
                                by law for the proper discharge of official
                                duty, directly or indirectly demands, seeks,
                                receives, accepts, or agrees to receive or
                                accept anything of value personally for or
                                because of any official act performed or to
                                be performed by such official or person;

                                (2) directly or indirectly, gives, offers,
                            or promises anything of value to any person, for
                            or because of the testimony under oath or
                            affirmation given or to be given by such person
                            as a witness upon a trial, hearing, or other
                            proceeding, before any court, any committee of
                            either House or both Houses of Congress, or any
                            agency, commission, or officer authorized by the
                            laws of the United States to hear evidence or
                            take testimony, or for or because of such
                            person's absence therefrom;
                                (3) directly or indirectly, demands, seeks,
                            receives, accepts, or agrees to receive or
                            accept anything of value personally for or
                            because of the testimony under oath or
                            affirmation given or to be given by such person
                            as a witness upon any such trial, hearing, or
                            other proceeding, or for or because of such
                            person's absence therefrom;

                shall be fined under this title or imprisoned for not more
                than two years, or both.

                    (d) Paragraphs (3) and (4) of subsection (b) and
                paragraphs (2) and (3) of subsection (c) shall not be
                construed to prohibit the payment or receipt of witness fees
                provided by law, or the payment, by the party upon whose
                behalf a witness is called and receipt by a witness, of the
                reasonable cost of travel and subsistence incurred and the
                reasonable value of time lost in attendance at any such
                trial, hearing, or

    [[Page 660]]

                proceeding, or in the case of expert witnesses, a reasonable
                fee for time spent in the preparation of such opinion, and
                in appearing and testifying.
                    (e) The offenses and penalties prescribed in this
                section are separate from and in addition to those
                prescribed in sections 1503, 1504, and 1505 of this title.
                (Oct. 23, 1962; Pub. L. 87-849, Sec. 1(a), 76 Stat. 1119,
                and amended Pub. L. 91-405, Title II, Sec. 204(d)(1), Sept.
                22, 1970, 84 Stat. 853; Pub. L. 99-646, Sec. 46(a), Nov. 10,
                1986, 100 Stat. 3601-3604; Sept. 13, 1994, Pub. L. 103-322,
                Sec. 330016(2)(D), 108 Stat. 2148.)
           451  Sec. 202. Definitions.
                    (a) For the purpose of sections 203, 205, 207, 208, and
                209 of this title the term ``special Government employee''
                shall mean an officer or employee of the executive or
                legislative branch of the United States Government, of any
                independent agency of the United States or of the District
                of Columbia, who is retained, designated, appointed, or
                employed to perform, with or without compensation, for not
                to exceed one hundred and thirty days during any period of
                three hundred and sixty-five consecutive days, temporary
                duties either on a full-time or intermittent basis, or a
                part-time United States commissioner, a part-time United
                States magistrate, or, regardless of the number of days of
                appointment, an independent counsel appointed under chapter
                40 of title 28 and any person appointed by that independent
                counsel under section 594(c) of title 28. Notwithstanding
                the next preceding sentence, every person serving as a part-
                time local representative of a Member of Congress in the
                Member's home district or State shall be classified a
                special Government employee. Notwithstanding section 29 (c)
                and (d) of the Act of August 10, 1956 (70A Stat. 632; 5
                U.S.C. 30r (c) and (d)),\1\ a Reserve Officer of the Armed
                Forces, or an officer of the National Guard of the United
                States, unless otherwise an officer or employee of the
                United States, shall be classified as a special Government
                employee while on active duty solely for training. A Reserve
                officer of the Armed Forces or an officer of the National
                Guard of the United States who is voluntarily serving a
                period of extended active duty in excess of one hundred and
                thirty days shall be classified as an officer of the United
                States within the meaning of section 203 and sections 205
                through 209 and 218. A Reserve officer of the Armed Forces
                or an officer of the National Guard of the United States who
                is serving involuntarily shall be classified as a special
                Government employee. The terms ``officer or employee'' and
                ``special Government employee'' as used in sections 203,
                205, 207 through 209, and 218, shall not include enlisted
                members of the Armed Forces.
                    \1\Section 30r (c) and (d) of title 5, United States
                    Code, is now contained in sections 502, 2105(d), and
                    5534 of that title.
                    (b) For the purposes of sections 205 and 207 of this
                title, the term ``official responsibility'' means the direct
                administrative or operating authority, whether intermediate
                or final, and either exercisable alone or with others, and
                either personally or through subordinates, to approve,
                disapprove, or otherwise direct Government action.
                    (c) Except as otherwise provided in such sections, the
                terms ``officer'' and ``employee'' in sections 203, 205, 207
                through 209, and 218 of this title shall not include the
                President, the Vice President, a Member of Congress, or a
                Federal judge.

    [[Page 661]]

                    (d) The term ``Member of Congress'' in sections 204 and
                207 means--
                                (1) A United States Senator; and
                                (2) a Representative in, or a Delegate or
                            Resident Commissioner to, the House of
                            Representatives.
                    (e) As used in this chapter, the term--
                                (1) ``executive branch'' includes each
                            executive agency as defined in title 5, and any
                            other entity or administrative unit in the
                            executive branch;
                                (2) ``judicial branch'' means the Supreme
                            Court of the United States; the United States
                            courts of appeals; the United States district
                            courts; the Court of International Trade; the
                            United States bankruptcy courts; any court
                            created pursuant to article I of the United
                            States Constitution, including the Court of
                            Appeals for the Armed Forces, the United States
                            Court of Federal Claims, and the United States
                            Tax Court, but not including a court of a
                            territory or possession of the United States;
                            the Federal Judicial Center, and any other
                            agency, office, or entity in the judicial
                            branch; and
                                (3) ``legislative branch'' means--

                                    (A) the Congress; and

                                    (B) the Office of the Architect of the
                                Capitol, the United States Botanic Garden,
                                the General Accounting Office, the
                                Government Printing Office, the Library of
                                Congress, the Office of Technology
                                Assessment, the Congressional Budget Office,
                                the United States Capitol Police, and any
                                other agency, entity, office, or commission
                                established in the legislative branch. (June
                                25, 1948, ch. 645, Sec. 1, 62 Stat. 691;
                                Oct. 23, 1962, Pub. L. 87-849, 76 Stat.
                                1121; Oct. 17, 1968, Pub. L. 90-578,
                                Sec. 301(b), 82 Stat. 1115; Pub. L. 100-191,
                                Sec. 3(a), Dec. 15, 1987, 101 Stat. 1306;
                                Pub. L. 101-194, Title IV, Sec. 401, Nov.
                                30, 1989, 103 Stat. 1747; Pub. L. 101-280,
                                Sec. 5(a), May 4, 1990, 104 Stat. 158; Pub.
                                L. 102-572, Sec. 902(b)(2), Oct. 29, 1992,
                                106 Stat. 4516; Pub. L. 103-337,
                                Sec. 924(d)(1), Oct. 5, 1994, 108 Stat.
                                2832.)

           452  Sec. 203. Compensation to Members of Congress, officers, and
                    others in matters affecting the Government.
                    (a) Whoever, otherwise than as provided by law for the
                proper discharge of official duties, directly or
                indirectly--
                                (1) demands, seeks, receives, accepts, or
                            agrees to receive or accept any compensation for
                            any representational services, as agent or
                            attorney or otherwise, services rendered or to
                            be rendered either personally or by another--

                                    (A) at a time when such person is a
                                Member of Congress, Member of Congress
                                Elect, Delegate, Delegate Elect, Resident
                                Commissioner, or Resident Commissioner
                                Elect; or

                                    (B) at a time when such person is an
                                officer or employee or Federal judge of the
                                United States in the executive, legislative,
                                or judicial branch of the Government, or in
                                any agency of the United States,

                        in relation to any proceeding, application, request
                        for a ruling or other determination, contract,
                        claim, controversy, charge, accusation, arrest, or
                        other particular matter in which the United States
                        is a party or has a direct and substantial interest,
                        before any department, agency, court, court-martial,
                        officer, or any civil, military, or naval
                        commission; or

    [[Page 662]]

                                (2) knowingly gives, promises, or offers any
                            compensation for any such representational
                            services rendered or to be rendered at a time
                            when the person to whom the compensation is
                            given, promised, or offered, is or was such a
                            Member, Member Elect, Delegate, Delegate Elect,
                            Commissioner, Commissioner Elect, Federal judge,
                            officer, or employee;

                shall be subject to the penalties set forth in section 216
                of this title.

                    (b) Whoever, otherwise than as provided by law for the
                proper discharge of official duties, directly or
                indirectly--
                                (1) demands, seeks, receives, accepts, or
                            agrees to receive or accept any compensation for
                            any representational services, as agent or
                            attorney or otherwise, rendered or to be
                            rendered either personally or by another, at a
                            time when such person is an officer or employee
                            of the District of Columbia, in relation to any
                            proceeding, application, request for a ruling or
                            other determination, contract, claim,
                            controversy, charge, accusation, arrest, or
                            other particular matter in which the District of
                            Columbia is a party or has a direct and
                            substantial interest, before any department,
                            agency, court, officer, or commission; or
                                (2) knowingly gives, promises, or offers any
                            compensation for any such representational
                            services rendered or to be rendered at a time
                            when the person to whom the compensation is
                            given, promised, or offered, is or was an
                            officer or employee of the District of Columbia;

                shall be subject to the penalties set forth in section 216
                of this title.

                    (c) A special Government employee shall be subject to
                subsection (a) only in relation to a particular matter
                involving a specific party or parties--
                                (1) in which such employee has at any time
                            participated personally and substantially as a
                            Government employee or as a special Government
                            employee through decision, approval,
                            disapproval, recommendation, the rendering of
                            advice, investigation or otherwise; or
                                (2) which is pending in the department or
                            agency of the Government in which such employee
                            is serving except that paragraph (2) of this
                            subsection shall not apply in the case of a
                            special Government employee who has served in
                            such department or agency no more than sixty
                            days during the immediately preceding period of
                            three hundred and sixty-five consecutive days.
                    (d) Nothing in this section prevents an officer or
                employee, including a special Government employee, from
                acting, with or without compensation, as agent or attorney
                for or otherwise representing his parents, spouse, child, or
                any person for whom, or for any estate for which, he is
                serving as guardian, executor, administrator, trustee, or
                other personal fiduciary except--
                                (1) in those matters in which he has
                            participated personally and substantially as a
                            Government employee or as a special Government
                            employee through decision, approval,
                            disapproval, recommendation, the rendering of
                            advice, investigation, or otherwise; or
                                (2) in those matters that are the subject of
                            his official responsibility,

                subject to approval by the Government official responsible
                for appointment to his position.

    [[Page 663]]

                    (e) Nothing in this section prevents a special
                Government employee from acting as agent or attorney for
                another person in the performance of work under a grant by,
                or a contract with or for the benefit of, the United States
                if the head of the department or agency concerned with the
                grant or contract certifies in writing that the national
                interest so requires and publishes such certification in the
                Federal Register.
                    (f) Nothing in this section prevents an individual from
                giving testimony under oath or from making statements
                required to be made under penalty of perjury. (Oct. 23,
                1962, Pub. L. 87-849, Sec. 1(a), 76 Stat. 1121, and amended
                Pub. L. 91-405, Title 11, Sec. 204(d)(2), (3), Sept. 22,
                1970, 84 Stat. 853; Pub. L. 99-646, Sec. 47(a), Nov. 10,
                1986, 100 Stat. 3604, 3605; Pub. L. 101-194, Title IV,
                Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub. L. 101-280,
                Sec. 5(b), May 4, 1990, 104 Stat. 159.)
           453  Sec. 204. Practice in United States Claims Court or the
                    United States Court of Appeals for the Federal Circuit
                    by Members of Congress.
                    Whoever, being a Member of Congress or Member of
                Congress Elect, practices in the United States Court of
                Federal Claims or the United States Court of Appeals for the
                Federal Circuit shall be subject to the penalties set forth
                in section 216 of this title. (June 25, 1948, ch. 645, 62
                Stat. 697; Oct. 23, 1962; Pub. L. 87-849, 76 Stat. 1122;
                Sept. 22, 1970; Pub. L. 91-405, Sec. 204(d), 84 Stat. 853;
                Pub. L. 97-164, Sec. 147, Apr. 2, 1982, 96 Stat. 45; Pub. L.
                101-194, Title IV, Sec. 403, Nov. 30, 1989, 103 Stat. 1749;
                Pub. L. 102-572, Sec. 902(b)(2), Oct. 29, 1992, 106 Stat.
                4516.)
           454  Sec. 205. Activities of officers and employees in claims
                    against and other matters affecting the Government.
                    (a) Whoever, being an officer or employee of the United
                States in the executive, legislative, or judicial branch of
                the Government or in any agency of the United States, other
                than in the proper discharge of his official duties--
                            (1) acts as agent or attorney for prosecuting
                        any claim against the United States, or receives any
                        gratuity, or any share of or interest in any such
                        claim, in consideration of assistance in the
                        prosecution of such claim, or
                            (2) acts as agent or attorney for anyone before
                        any department, agency, court, court-martial,
                        officer, or civil, military, or naval commission in
                        connection with any covered matter in which the
                        United States is a party or has a direct and
                        substantial interest;

                shall be subject to the penalties set forth in section 216
                of this title.

                    (b) Whoever, being an officer or employee of the
                District of Columbia or an officer or employee of the Office
                of the United States Attorney for the District of Columbia,
                otherwise than in the proper discharge of official duties--
                            (1) acts as agent or attorney for prosecuting
                        any claim against the District of Columbia, or
                        receives any gratuity, or any share of or interest
                        in any such claim, in consideration of assistance in
                        the prosecution of such claim; or
                            (2) acts as agent or attorney for anyone before
                        any department, agency, court, officer, or
                        commission in connection with any covered matter in
                        which the District of Columbia is a party or has a
                        direct and substantial interest;

    [[Page 664]]

                shall be subject to the penalties set forth in section 216
                of this title.

                    (c) A special Government employee shall be subject to
                subsections (a) and (b) only in relation to a covered matter
                involving a specific party or parties--
                            (1) in which he has at any time participated
                        personally and substantially as a Government
                        employee or special Government employee through
                        decision, approval, disapproval, recommendation, the
                        rendering of advice, investigation or otherwise, or
                            (2) which is pending in the department or agency
                        of the Government in which he is serving.
                    Paragraph (2) shall not apply in the case of a special
                Government employee who has served in such department or
                agency no more than sixty days during the immediately
                preceding period of three hundred and sixty-five consecutive
                days.
                    (d) Nothing in subsection (a) or (b) prevents an officer
                or employee, if not inconsistent with the faithful
                performance of his duties, from acting without compensation
                as agent or attorney for, or otherwise representing, any
                person who is the subject of disciplinary, loyalty, or other
                personnel administration proceedings in connection with
                those proceedings.
                    (e) Nothing in subsection (a) or (b) prevents an officer
                or employee, including a special Government employee, from
                acting, with or without compensation, as agent or attorney
                for, or otherwise representing, his parents, spouse, child,
                or any person for whom, or for any estate for which, he is
                serving as guardian, executor, administrator, trustee, or
                other personal fiduciary except--
                            (1) in those matters in which he has
                        participated personally and substantially as a
                        Government employee or special Government employee
                        through decision, approval, disapproval,
                        recommendation, the rendering of advice,
                        investigation, or otherwise, or
                            (2) in those matters which are the subject of
                        his official responsibility,

                subject to approval by the Government official responsible
                for appointment to his position.

                    (f) Nothing in subsection (a) or (b) prevents a special
                Government employee from acting as agent or attorney for
                another person in the performance of work under a grant by,
                or a contract with or for the benefit of, the United States
                if the head of the department or agency concerned with the
                grant or contract certifies in writing that the national
                interest so requires and publishes such certification in the
                Federal Register.
                    (g) Nothing in this section prevents an officer or
                employee from giving testimony under oath or from making
                statements required to be made under penalty for perjury or
                contempt.
                    (h) For the purpose of this section, the term ``covered
                matter'' means any judicial or other proceeding,
                application, request for a ruling or other determination,
                contract, claim, controversy, investigation, charge,
                accusation, arrest, or other particular matter. (June 25,
                1948, ch. 645, 62 Stat. 697; June 28, 1949, ch. 268,
                Sec. 2(b), 63 Stat. 280; Oct. 23, 1962, Pub. L. 87-849, 76
                Stat. 1122; Pub. L. 101-194, Title IV, Sec. 404, Nov. 30,
                1989, 103 Stat. 1750; Pub. L. 101-280, Sec. 5(c), May 4,
                1990, 104 Stat. 159.)

    [[Page 665]]

           455  Sec. 210. Offer to procure appointive public office.
                    Whoever pays or offers or promises any money or thing of
                value to any person, firm, or corporation in consideration
                of the use or promise to use any influence to procure any
                appointive office or place under the United States for any
                person, shall be fined under this title or imprisoned not
                more than one year, or both. (June 25, 1948, ch. 645,
                Sec. 1, 62 Stat. 694; Oct. 23, 1962, Pub. L. 87-849,
                Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub. L. 103-322,
                Sec. 330016 (1)(H), 108 Stat. 2147.)
           456  Sec. 211. Acceptance or solicitation to obtain appointive
                    public office.
                    Whoever solicits or receives, either as a political
                contribution, or for personal emolument, any money or thing
                of value, in consideration of the promise of support or use
                of influence in obtaining for any person any appointive
                office or place under the United States, shall be fined not
                more than $1,000 or imprisoned not more than one year, or
                both.
                    Whoever solicits or receives any thing of value in
                consideration of aiding a person to obtain employment under
                the United States either by referring his name to an
                executive department or agency of the United States or by
                requiring the payment of a fee because such person has
                secured such employment shall be fined under this title or
                imprisoned not more than one year, or both. This section
                shall not apply to such services rendered by an employment
                agency pursuant to the written request of an executive
                department or agency of the United States. (June 25, 1948,
                ch. 645, Sec. 1, 62 Stat. 694; Sept. 13, 1951, ch. 380, 65
                Stat. 320; Oct. 23, 1962, Pub. L. 87-849, Sec. 1(b), 76
                Stat. 1125; Sept. 13, 1994, Pub. L. 103-322,
                Sec. 330016(1)(H), 108 Stat. 2147.)

                   Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT
                           ASSASSINATION, KIDNAPPING, AND ASSAULT

           458  Sec. 351. Congressional, Cabinet, and Supreme Court
                    assassination, kidnapping, and assault; penalties.
                    (a) Whoever kills any individual who is a Member of
                Congress or a Member-of-Congress-elect, a member of the
                executive branch of the Government who is the head, or a
                person nominated to be head during the pendency of such
                nomination, of a department listed in section 101 of title 5
                or the second ranking official in such department, the
                Director (or a person nominated to be Director during the
                pendency of such nomination) or Deputy Director of Central
                Intelligence, a major Presidential or Vice Presidential
                candidate (as defined in section 3056 of this title), or a
                Justice of the United States, as defined in section 451 of
                title 28, or a person nominated to be a Justice of the
                United States, during the pendency of such nomination, shall
                be punished as provided by sections 1111 and 1112 of this
                title.
                    (b) Whoever kidnaps any individual designated in
                subsection (a) of this section shall be punished (1) by
                imprisonment for any term of years or for life, or (2) by
                death or imprisonment for any term of years or for life, if
                death results to such individual.
                    (c) Whoever attempts to kill or kidnap any individual
                designated in subsection (a) of this section shall be
                punished by imprisonment for any term of years or for life.

    [[Page 666]]

                    (d) If two or more persons conspire to kill or kidnap
                any individual designated in subsection (a) of this section
                and one or more of such persons do any act to effect the
                object of the conspiracy, each shall be punished (1) by
                imprisonment for any term of years or for life, or (2) by
                death or imprisonment for any term of years or for life, if
                death results to such individual.
                    (e) Whoever assaults any person designated in subsection
                (a) of this section shall be fined under this title, or
                imprisoned not more than one year, or both; and if the
                assault involved the use of a dangerous weapon, or personal
                injury results, shall be fined under this title, or
                imprisoned for not more than ten years, or both.
                    (f) If Federal investigative or prosecutive jurisdiction
                is asserted for a violation of this section, such assertion
                shall suspend the exercise of jurisdiction by a State or
                local authority, under any applicable State or local law,
                until Federal action is terminated.
                    (g) Violations of this section shall be investigated by
                the Federal Bureau of Investigation. Assistance may be
                requested from any Federal, State, or local agency,
                including the Army, Navy, and Air Force, any statute, rule,
                or regulation to the contrary notwithstanding.
                    (h) In a prosecution for an offense under this section
                the Government need not prove that the defendant knew that
                the victim of the offense was an official protected by this
                section.
                    (i) There is extraterritorial jurisdiction over the
                conduct prohibited by this section. (Jan. 2, 1971, Pub. L.
                91-644, Sec. 15, 84 Stat. 1891; Pub. L. 97-285, Secs. 1,
                2(a), Oct. 6, 1982, 96 Stat. 1219; Pub. L. 99-646, Sec. 62,
                Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100-690, Sec. 7074,
                Nov. 18, 1988, 102 Stat. 4405; Pub. L. 103-322,
                Secs. 320101, 330016, 330021, Sept. 13, 1994, 108 Stat.
                2108, 2147, 2150.)

                                   Chapter 23.--CONTRACTS

           460  Sec. 431. Contracts by Members of Congress.
                    Whoever, being a Member of or Delegate to Congress, or a
                Resident Commissioner, either before or after he has
                qualified, directly or indirectly, himself, or by any other
                person in trust for him, or for his use or benefit, or on
                his account, undertakes, executes, holds, or enjoys, in
                whole or in part, any contract or agreement, made or entered
                into in behalf of the United States or any agency thereof,
                by any officer or person authorized to make contracts on its
                behalf, shall be fined under this title.
                    All contracts or agreements made in violation of this
                section shall be void; and whenever any sum of money is
                advanced by the United States or any agency thereof, in
                consideration of any such contract or agreement, it shall
                forthwith be repaid; and in case of failure or refusal to
                repay the same when demanded by the proper officer of the
                department or agency under whose authority such contract or
                agreement shall have been made or entered into, suit shall
                at once be brought against the person so failing or refusing
                and his sureties for the recovery of the money so advanced.
                (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Oct. 31,
                1951, ch. 655, Sec. 19, 65 Stat. 717; Sept. 13, 1994, Pub.
                L. 103-322, Sec. 330016(1)(J), 108 Stat. 2147.)

    [[Page 667]]

           461  Sec. 432. Officer or employee contracting with Member of
                    Congress.
                    Whoever, being an officer or employee of the United
                States, on behalf of the United States or any agency
                thereof, directly or indirectly makes or enters into any
                contract, bargain, or agreement, with any Member of or
                Delegate to Congress, or any Resident Commissioner, either
                before or after he has qualified, shall be fined under this
                title. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Sept.
                13, 1994, Pub. L. 103-322, Sec. 330016(1)(J), 108 Stat.
                2147.)
           462  Sec. 433. Exemptions with respect to certain contracts.
                    Sections 431 and 432 of this title shall not extend to
                any contract or agreement made or entered into, or accepted
                by any incorporated company for the general benefit of such
                corporation; nor to the purchase or sale of bills of
                exchange or other property where the same are ready for
                delivery and payment therefor is made at the time of making
                or entering into the contract or agreement. Nor shall the
                provisions of such section apply to advances, loans,
                discounts, purchase or repurchase agreements extensions, or
                renewals thereof, or acceptances, releases or substitutions
                of security therefor or other contracts or agreements made
                or entered into under the Reconstruction Finance Corporation
                Act, the Agricultural Adjustment Act, the Federal Farm Loan
                Act, the Emergency Farm Mortgage Act of 1933, the Farm
                Credit Act of 1933, or the Home Owners Loan Act of 1933, the
                Farmers' Home Administration Act of 1946, the Bankhead-Jones
                Farm Tenant Act, or to crop insurance agreements or
                contracts or agreements of a kind which the Secretary of
                Agriculture may enter into with farmers.
                    Any exemption permitted by this section shall be made a
                matter of public record. (June 25, 1948, ch. 645, Sec. 1, 62
                Stat. 703; Oct. 4, 1961, Pub. L. 87-353, Sec. 3(o), 75 Stat.
                774.)

                       Chapter 29.--ELECTIONS AND POLITICAL ACTIVITIES

                Sec. 591. (Repealed.)
       462.1-1
       462.1-1  Sec. 594. Intimidation of voters.
                    Whoever intimidates, threatens, coerces, or attempts to
                intimidate, threaten, or coerce, any other person for the
                purpose of interfering with the right of such other person
                to vote or to vote as he may choose, or of causing such
                other person to vote for, or not to vote for, any candidate
                for the office of President, Vice President, Presidential
                elector, Member of the Senate, Member of the House of
                Representatives, Delegate from the District of Columbia, or
                Resident Commissioner, at any election held solely or in
                part for the purpose of electing such candidate, shall be
                fined under this title or imprisoned not more than one year,
                or both. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22,
                1970, Pub. L. 91-405, Title II, Sec. 204(d)(5), 84 Stat.
                853; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108
                Stat. 2147.)
       462.1-2
       462.1-2  Sec. 595. Interference by administrative employees of
                    Federal, State, or Territorial Governments.
                    Whoever, being a person employed in any administrative
                position by the United States, or by any department or
                agency thereof, or by the District of Columbia, or any
                agency or instrumentality thereof, or by any State,
                Territory, or Possession of the United States, or any
                political

    [[Page 668]]

                subdivision, municipality, or agency thereof, or agency of
                such political subdivision or municipality (including any
                corporation owned or controlled by any State, Territory, or
                Possession of the United States or by any such political
                subdivision, municipality, or agency), in connection with
                any activity which is financed in whole or in part by loans
                or grants made by the United States, or any department or
                agency thereof, uses his official authority for the purpose
                of interfering with, or affecting, the nomination or the
                election of any candidate for the office of President, Vice
                President, Presidential elector, Member of the Senate,
                Member of the House of Representatives, Delegate from the
                District of Columbia, or Resident Commissioner, shall be
                fined under this title or imprisoned not more than one year,
                or both.
                    This section shall not prohibit or make unlawful any act
                by any officer or employee of any educational or research
                institution, establishment, agency, or system which is
                supported in whole or in part by any state or political
                subdivision thereof, or by the District of Columbia or by
                any Territory or Possession of the United States; or by any
                recognized religious, philanthropic or cultural
                organization. (June 25, 1948, ch. 645, 62 Stat. 720; Sept.
                22, 1970, Pub. L. 91-405, Title II, Sec. 204(d)(6), 84 Stat.
                853; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108
                Stat. 2147.)
         462.2  Sec. 597. Expenditures to influence voting.
                    Whoever makes or offers to make an expenditure to any
                person, either to vote or withhold his vote, or to vote for
                or against any candidate; and
                    Whoever solicits, accepts, or receives any such
                expenditure in consideration of his vote or the withholding
                of his vote--
                    Shall be fined under this title or imprisoned not more
                than one year, or both; and if the violation was willful,
                shall be fined not more than $10,000 or imprisoned not more
                than two years, or both. (June 25, 1948, ch. 645, 62 Stat.
                721.)
         462.3  Sec. 598. Coercion by means of relief appropriations.
                    Whoever uses any part of any appropriation made by
                Congress for work relief, relief, or for increasing
                employment by providing loans and grants for public-works
                projects, or exercises or administers any authority
                conferred by any Appropriations Act for the purpose of
                interfering with, restraining, or coercing any individual in
                the exercise of his right to vote at any election, shall be
                fined under this title or imprisoned not more than one year,
                or both. (June 25, 1948, ch. 645, 62 Stat. 721.)
         462.4  Sec. 599. Promise of appointment by candidate.
                    Whoever, being a candidate, directly or indirectly
                promises or pledges the appointment, or the use of his
                influence or support for the appointment of any person to
                any public or private position or employment, for the
                purpose of procuring support in his candidacy shall be fined
                under this title or imprisoned not more than one year, or
                both; and if the violation was willful, shall be fined under
                this title or imprisoned not more than two years, or both.
                (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub.
                L. 103-322, Sec. 330016(1)(L), 108 Stat. 2147.)

    [[Page 669]]

         462.5  Sec. 600. Promise of employment or other benefit for
                    political activity.
                    Whoever, directly or indirectly, promises any
                employment, position, compensation, contract, appointment,
                or other benefit, provided for or made possible in whole or
                in part by any Act of Congress, or any special consideration
                in obtaining any such benefit, to any person as
                consideration, favor, or reward for any political activity
                or for the support of or opposition to any candidate or any
                political party in connection with any general or special
                election to any political office, or in connection with any
                primary election or political convention or caucus held to
                select candidates for any political office, shall be fined
                under this title or imprisoned not more than one year, or
                both. (June 25, 1948, ch. 645, 62 Stat. 721; Feb. 7, 1972,
                Pub. L. 92-225, Sec. 202, 86 Stat 9; Oct. 2, 1976, Pub. L.
                94-453, Sec. 3, 90 Stat. 1517; Sept. 13, 1994, Pub. L. 103-
                322, Sec. 330016(1)(L), 108 Stat. 2147.)
         462.6  Sec. 601. Deprivation of employment or other benefit for
                    political contribution.
                    (a) Whoever, directly or indirectly, knowingly causes or
                attempts to cause any person to make a contribution of a
                thing of value (including services) for the benefit of any
                candidate or any political party, by means of the denial or
                deprivation, or the threat of the denial or deprivation,
                of--
                            (1) any employment, position, or work in or for
                        any agency or other entity of the Government of the
                        United States, a State, or a political subdivision
                        of a State, or any compensation or benefit of such
                        employment, position, or work; or
                            (2) any payment or benefit of a program of the
                        United States, a State, or a political subdivision
                        of a State;

                if such employment, position, work, compensation, payment,
                or benefit is provided for or made possible in whole or in
                part by an Act of Congress, shall be fined under this title
                or imprisoned not more than one year, or both.

                    (b) As used in this section--
                            (1) the term ``candidate'' means an individual
                        who seeks nomination for election, or election, to
                        Federal, State, or local office, whether or not such
                        individual is elected, and, for purposes of this
                        paragraph, an individual shall be deemed to seek
                        nomination for election, or election, to Federal,
                        State, or local office, if he has (A) taken the
                        action necessary under the law of a State to qualify
                        himself for nomination for election, or election, or
                        (B) received contributions or made expenditures, or
                        has given his consent for any other person to
                        receive contributions or make expenditures, with a
                        view to bringing about his nomination for election,
                        or election, to such office;
                            (2) the term ``election'' means (A) a general,
                        special primary, or runoff election, (B) a
                        convention or caucus of political party held to
                        nominate a candidate, (C) a primary election held
                        for the selection of delegates to a nominating
                        convention of a political party, (D) a primary
                        election held for the expression of a preference for
                        the nomination of persons for election to the office
                        of President, and (E) the election of delegates to a
                        constitutional convention for proposing amendments
                        to the Constitution of the United States or of any
                        State; and

    [[Page 670]]

                            (3) the term ``State'' means a State of the
                        United States, the District of Columbia, the
                        Commonwealth of Puerto Rico, or any territory or
                        possession of the United States. (Oct. 2, 1976, Pub.
                        L. 94-453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994,
                        Pub. L. 103-322, Sec. 330016(1)(K), 108 Stat. 2147.)
         462.7  Sec. 602. Solicitation of political contributions.
                    (a) It shall be unlawful for--
                            (1) a candidate for the Congress;
                            (2) an individual elected to or serving in the
                        office of Senator or Representative in, or Delegate
                        or Resident Commissioner to, the Congress;
                            (3) an officer or employee of the United States
                        or any department or agency thereof; or
                            (4) a person receiving any salary or
                        compensation for services from money derived from
                        the Treasury of the United States; to knowingly
                        solicit any contribution within the meaning of
                        section 301(8) of the Federal Election Campaign Act
                        of 1971 from any other such officer, employee, or
                        person. Any person who violates this section shall
                        be fined under this title or imprisoned not more
                        than 3 years, or both.
                    (b) The prohibition in subsection (a) shall not apply to
                any activity of an employee (as defined in section 7322(1)
                of title 5) or any individual employed in or under the
                United States Postal Service or the Postal Rate Commission,
                unless that activity is prohibited by section 7323 or 7324
                of such title. (June 25, 1948, Ch. 645, 62 Stat. 722; Jan.
                8, 1980, Pub. L. 96-187, Title II, Sec. 201(a)(3), 93 Stat.
                1367; Oct. 6, 1994, Pub. L. 103-94, Sec. 4, 107 Stat. 1004.)
         462.8  Sec. 603. Making political contributions.
                    (a) It shall be unlawful for an officer or employee of
                the United States or any department or agency thereof, or a
                person receiving any salary or compensation for services
                from money derived from the Treasury of the United States,
                to make any contribution within the meaning of section
                301(8) of the Federal Election Campaign Act of 1971 to any
                other such officer, employee or person or to any Senator or
                Representative in, or Delegate or Resident Commissioner to,
                the Congress, if the person receiving such contribution is
                the employer or employing authority of the person making the
                contribution. Any person who violates this section shall be
                fined under this title or imprisoned not more than three
                years, or both.
                    (b) For purposes of this section, a contribution to an
                authorized committee as defined in section 302(e)(1) of the
                Federal Election Campaign Act of 1971 shall be considered a
                contribution to the individual who has authorized such
                committee.
                    (c) The prohibition in subsection (a) shall not apply to
                any activity of an employee (as defined in section 7322(1)
                of title 5) or any individual employed in or under the
                United States Postal Service or the Postal Rate Commission,
                unless that activity is prohibited by section 7323 or 7324
                of such title. (June 25, 1948, Ch. 645, 62 Stat. 722; Oct.
                31, 1951, Ch. 655, Sec. 20(b), 65 Stat. 718; Jan. 8, 1980,
                Pub. L. 96-187, Title II, Sec. 201(a)(4), 93 Stat. 1367;
                Oct. 6, 1993, Pub. L. 103-94, Sec. 7, 107 Stat. 1005.)

    [[Page 671]]

         462.9  Sec. 604. Solicitation from persons on relief.
                    Whoever solicits or receives or is in any manner
                concerned in soliciting or receiving any assessment,
                subscription, or contribution for any political purpose from
                any person known by him to be entitled to, or receiving
                compensation, employment, or other benefit provided for or
                made possible by any Act of Congress appropriating funds for
                work relief or relief purposes, shall be fined under this
                title or imprisoned not more than one year, or both. (June
                25, 1948, ch. 645, 62 Stat. 722.)
        462.10  Sec. 605. Disclosure of names of persons on relief.
                    Whoever, for political purposes, furnishes or discloses
                any list or names of persons receiving compensation,
                employment or benefits provided for or made possible by any
                Act of Congress appropriating, or authorizing the
                appropriation of funds for work relief or relief purposes,
                to a political candidate, committee, campaign manager, or to
                any person for delivery to a political candidate, committee,
                or campaign manager; and
                    Whoever receives any such list or names for political
                purposes--

                shall be fined under this title or imprisoned not more than
                one year, or both. (June 25, 1948, ch. 645, 62 Stat. 722.)

        462.11  Sec. 606. Intimidation to secure political contributions.
                    Whoever, being one of the officers or employees of the
                United States mentioned in section 602 of this title,
                discharges, or promotes, or degrades, or in any manner
                changes the official rank or compensation of any other
                officer or employee, or promises or threatens so to do, for
                giving or withholding or neglecting to make any contribution
                of money or other valuable thing for any political purpose,
                shall be fined under this title or imprisoned not more than
                three years, or both. (June 25, 1948, ch. 645, 62 Stat.
                722.)
        462.12  Sec. 607. Place of solicitation.
                    (a) It shall be unlawful for any person to solicit or
                receive any contribution within the meaning of section
                301(8) of the Federal Election Campaign Act of 1971 in any
                room or building occupied in the discharge of official
                duties by any person mentioned in section 603, or in any
                navy yard, fort, or arsenal. Any person who violates this
                section shall be fined under this title or imprisoned not
                more than three years, or both.
                    (b) The prohibition in subsection (a) shall not apply to
                the receipt of contributions by persons on the staff of a
                Senator or Representative in, or Delegate or Resident
                Commissioner to, the Congress, provided, that such
                contributions have not been solicited in any manner which
                directs the contributor to mail or deliver a contribution to
                any room, building, or other facility referred to in
                subsection (a), and provided that such contributions are
                transferred within seven days of receipt to a political
                committee within the meaning of section 302(e) of the
                Federal Election Campaign Act of 1971. (June 25, 1948, ch.
                645, 62 Stat. 722; Jan. 8, 1980, Pub. L. 96-187, Title II,
                Sec. 201(a)(5), 93 Stat. 1367.)

    [[Page 672]]

                          Chapter 35.--EMBLEMS, INSIGNIA AND NAMES

        462.17  Sec. 713. Use of likenesses of the great seal of the United
                    States, the seals of the President and Vice President,
                    and the seal of the United States Senate
                    (a) Whoever knowingly displays any printed or other
                likeness of the great seal of the United States, or of the
                seals of the President or the Vice President of the United
                States, or the seal of the United States Senate, or any
                facsimile thereof, in, or in connection with, any
                advertisement, poster, circular, book, pamphlet, or other
                publication, public meeting, play, motion picture, telecast,
                or other production, or on any building, monument, or
                stationery, for the purpose of conveying, or in a manner
                reasonably calculated to convey, a false impression of
                sponsorship or approval by the Government of the United
                States or by any department, agency, or instrumentality
                thereof, shall be fined not more than $250 or imprisoned not
                more than six months, or both.
                    (b) Whoever, except as authorized under regulations
                promulgated by the President and published in the Federal
                Register, knowingly manufactures, reproduces, sells, or
                purchases for resale, either separately or appended to any
                article manufactured or sold, any likeness of the seals of
                the President or Vice President, or any substantial part
                thereof, except for manufacture or sale of the article for
                the official use of the Government of the United States,
                shall be fined not more than $250 or imprisoned not more
                than six months, or both.
                    (c) Whoever, except as directed by the United States
                Senate, or the Secretary of the Senate on its behalf,
                knowingly uses, manufactures, reproduces, sells or purchases
                for resale, either separately or appended to any article
                manufactured or sold, any likeness of the seal of the United
                States Senate, or any substantial part thereof, except for
                manufacture or sale of the article for the official use of
                the Government of the United States, shall be fined not more
                than $250 or imprisoned not more than six months, or both.
                    (d) A violation of the provisions of this section may be
                enjoined at the suit of the Attorney General,
                            (1) in the case of the great seal of the United
                        States and the seals of the President and Vice
                        President, upon complaint by any authorized
                        representative of any department or agency of the
                        United States; and
                            (2) in the case of the seal of the United States
                        Senate, upon complaint by the Secretary of the
                        Senate. (Nov. 11, 1966, Pub. L. 89-807, Sec. 1(a),
                        80 Stat. 1525; Jan. 5, 1971, Pub. L. 91-651, Sec. 1,
                        84 Stat. 1940; Dec. 12, 1991, Pub. L. 102-229, title
                        II, Sec. 210(a)-(d), 105 Stat. 1717.)

                            Chapter 37.--ESPIONAGE AND CENSORSHIP

        462.19  Sec. 798. Disclosure of classified information.
                    (a) Whoever knowingly and willfully communicates,
                furnishes, transmits, or otherwise makes available to an
                unauthorized person, or publishes, or uses in any manner
                prejudicial to the safety or interest of the United States
                or for the benefit of any foreign government to the
                detriment of the United States any classified information--

    [[Page 673]]

                            (1) concerning the nature, preparation, or use
                        of any code, cipher, or cryptographic system of the
                        United States or any foreign government; or
                            (2) concerning the design, construction, use,
                        maintenance, or repair of any device, apparatus, or
                        appliance used or prepared or planned for use by the
                        United States or any foreign government for
                        cryptographic or communication intelligence
                        purposes; or
                            (3) concerning the communication intelligence
                        activities of the United States or any foreign
                        government; or
                            (4) obtained by the processes of communication
                        intelligence from the communications of any foreign
                        government, knowing the same to have been obtained
                        by such processes--

                shall be fined under this title or imprisoned not more than
                ten years, or both.

                    (b) As used in subsection (a) of this section--
                    The term ``classified information'' means information
                which, at the time of a violation of this section, is, for
                reasons of national security, specifically designated by a
                United States Government Agency for limited or restricted
                dissemination or distribution;
                    The terms ``code,'' ``cipher,'' and ``cryptographic
                system'' include in their meanings, in addition to their
                usual meanings, any method of secret writing and any
                mechanical or electrical devise or method used for the
                purpose of disguising or concealing the contents,
                significance, or meanings of communications;
                    The term ``foreign government'' includes in its meaning
                any person or persons acting or purporting to act for or on
                behalf of any faction, party, department, agency, bureau, or
                military force of or within a foreign country, or for or on
                behalf of any government or any person or persons purporting
                to act as a government within a foreign country, whether or
                not such government is recognized by the United States;
                    The term ``communication intelligence'' means all
                procedures and methods used in the interception of
                communications and the obtaining of information from such
                communications by other than the intended recipients;
                    The term ``unauthorized person'' means any person who,
                or agency which, is not authorized to receive information of
                the categories set forth in subsection (a) of this section,
                by the President, or by the head of a department or agency
                of the United States Government which is expressly
                designated by the President to engage in communication
                intelligence activities for the United States.
                    (c) Nothing in this section shall prohibit the
                furnishing, upon lawful demand, of information to any
                regularly constituted committee of the Senate or House of
                Representatives of the United States of America, or joint
                committee thereof.
                    (d)(1) Any person convicted of a violation of this
                section shall forfeit to the United States irrespective of
                any provision of State law--
                            (A) any property constituting, or derived from,
                        any proceeds the person obtained directly or
                        indirectly, as the result of such violation; and
                            (B) any of the person's property used, or
                        intended to be used, in any manner or part, to
                        commit, or to facilitate the commission of, such
                        violation.

    [[Page 674]]

                            (2) The court, in imposing sentence on a
                        defendant for a conviction of a violation of this
                        section, shall order that the defendant forfeit to
                        the United States all property described in
                        paragraph (1).
                            (3) Except as provided in paragraph (4), the
                        provisions of subsections (b), (c), and (e) through
                        (p) of section 413 of the Comprehensive Drug Abuse
                        Prevention and Control Act of 1970 (21 U.S.C.
                        853(b), (c), and (e)-(p)), shall apply to--
                                (A) property subject to forfeiture under
                            this subsection;
                                (B) any seizure or disposition of such
                            property; and
                                (C) any administrative or judicial
                            proceeding in relation to such property,

                if not inconsistent with this subsection.

                            (4) Notwithstanding section 524(c) of title 28,
                        there shall be deposited in the Crime Victims Fund
                        established under section 1402 of the Victims of
                        Crime Act of 1984 (42 U.S.C. 10601) all amounts from
                        the forfeiture of property under this subsection
                        remaining after the payment of expenses for
                        forfeiture and sale authorized by law.
                            (5) As used in this subsection, the term `State'
                        means any State of the United States, the District
                        of Columbia, the Commonwealth of Puerto Rico, the
                        Trust Territory of the Pacific Islands, and any
                        territory or possession of the United States. (Oct.
                        31, 1951, ch. 655, Sec. 24(a), 65 Stat. 719; Oct.
                        14, 1994, Pub. L. 103-359, Sec. 804, 108 Stat.
                        3439.)

                             Chapter 73.--OBSTRUCTION OF JUSTICE

        462.20  Sec. 1505. Obstruction of proceedings before departments,
                    agencies, and committees.
                    Whoever, with intent to avoid, evade, prevent, or
                obstruct compliance, in whole or in part, with any civil
                investigative demand duly and properly made under the
                Antitrust Civil Process Act, willfully withholds,
                misrepresents, removes from any place, conceals, covers up,
                destroys, mutilates, alters, or by other means falsifies any
                documentary material, answers to written interrogatories, or
                oral testimony, which is the subject of such demand; or
                attempts to do so or solicits another to do so; or
                    Whoever corruptly, or by threats or force, or by any
                threatening letter or communication influences, obstructs,
                or impedes or endeavors to influence, obstruct, or impede
                the due and proper administration of the law under which any
                pending proceeding is being had before any department or
                agency of the United States, or the due and proper exercise
                of the power of inquiry under which any inquiry or
                investigation is being had by either House, or any committee
                of either House or any joint committee of the Congress--
                    Shall be fined under this title or imprisoned not more
                than five years, or both. (June 25, 1948, ch. 645, 62 Stat.
                770; Sept. 19, 1962, Pub. L. 87-664, Sec. 6(a), 76 Stat.
                551; Oct. 15, 1970, Pub. L. 91-452, Sec. 903, 84 Stat. 947;
                Sept. 30, 1976, Pub. L. 94-435, Sec. 105, 90 Stat. 1389;
                Oct. 12, 1982, Pub. L. 97-291, Sec. 4(d), 76 Stat. 1253.)

    [[Page 675]]

                                 Chapter 83.--POSTAL SERVICE

           463  Sec. 1719. Franking privilege.
                    Whoever makes use of any official envelope, label, or
                endorsement authorized by law, to avoid the payment of
                postage or registry fee on his private letter, packet,
                package, or other matter in the mail, shall be fined under
                this title. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 783.)

                         Chapter 93.--PUBLIC OFFICERS AND EMPLOYEES

         463.5  Sec. 1906. Disclosure of information from a bank examination
                    report.
                    Whoever, being an examiner, public or private, or a
                General Accounting Office employee with access to bank
                examination report information under section 714 of title
                31, discloses the names of borrowers or the collateral for
                loans of any member bank of the Federal Reserve System, or
                bank insured by the Federal Deposit Insurance Corporation
                any branch or agency of a foreign bank (as such terms are
                defined in paragraphs (1) and (3) of section 1(b) of the
                International Banking Act of 1978), or any organization
                operating under section 25 or section 25(a) of the Federal
                Reserve Act, examined by him or subject to General
                Accounting Office audit under section 714 of title 31 to
                other than the proper officers of such bank, branch, agency,
                or organization without first having obtained the express
                permission in writing from the Comptroller of the Currency
                as to a national bank or a Federal branch or Federal agency
                (as such terms are defined in paragraph (5) and (6) of
                section 1(b) of the International Banking Act of 1978) the
                Board of Governors of the Federal Reserve System as to a
                State member bank, an uninsured State branch or State agency
                (as such terms are defined in paragraph (11) and (12) of
                section 1(b) of the International Banking Act of 1978), or
                an organization operating under section 25 or section 25(a)
                of the Federal Reserve Act or the Federal Deposit Insturance
                Corporation as to any other insured bank, including any
                insured branch (as defined in section 3(s) of the Federal
                Deposit Insurance Act), or from the board of directors of
                such bank or organization, except when ordered to do so by a
                court of competent jurisdiction, or by direction of the
                Congress of the United States, or either House thereof, or
                any committee of Congress or either House duly authorized or
                as authorized by section 714 of title 31 shall be fined
                under this title or imprisoned not more than one year or
                both. (As amended July 21, 1978, Pub. L. 95-320, Sec. 3, 92
                Stat. 393; Sept. 13, 1982, Pub. L. 97-258, Sec. 3(e)(1), 96
                Stat. 1064; Nov. 29, 1990, Pub. L. 101-647, Title XXV,
                Sec. 2597(k), 104 Stat. 4991.)
           464  Sec. 1913. Lobbying with appropriated moneys.
                    No part of the money appropriated by any enactment of
                Congress shall, in the absence of express authorization by
                Congress, be used directly or indirectly to pay for any
                personal service, advertisement, telegram, telephone,
                letter, printed or written matter, or other device, intended
                or designed to influence in any manner a Member of Congress,
                to favor or oppose, by vote or otherwise, any legislation or
                appropriation by Congress, whether before or after the
                introduction of any bill or resolution proposing such
                legislation or appropriation; but this shall not prevent
                officers or employees of the United States or of its
                departments or agencies from communicating to Members of
                Congress on the

    [[Page 676]]

                request of any Member or to Congress, through the proper
                official channels, requests for legislation or
                appropriations which they deem necessary for the efficient
                conduct of the public business.
                    Whoever, being an officer or employee of the United
                States or of any department or agency thereof, violates or
                attempts to violate this section, shall be fined under this
                title or imprisoned not more than one year, or both; and
                after notice and hearing by the superior officer vested with
                the power of removing him, shall be removed from office or
                employment. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 792.)

                Use of Appropriated Funds for Publicity Designed To Support
                             or Defeat Legislation

                    The Treasury, Postal Service, and General Government
                Appropriation Act, 1973 (Pub. L. 92-351; 86 Stat. 488)
                contains the following provision:
                    ``Sec. 608. (a) No part of any appropriation contained
                in this or any other Act, or of the funds available for
                expenditure by any corporation or agency, shall be used for
                publicity or propaganda purposes designed to support or
                defeat legislation pending before Congress.''
         464.1  Sec. 1918. Disloyalty and asserting the right to strike
                    against the Government.
                    Whoever violates the provision of section 7311 of title
                5 that an individual may not accept or hold a position in
                the Government of the United States or the government of the
                District of Columbia, if he--
                            (1) advocates the overthrow of our
                        constitutional form of government;
                            (2) is a member of an organization that he knows
                        advocates the overthrow of our constitutional form
                        of government;
                            (3) participates in a strike, or asserts the
                        right to strike, against the Government of the
                        United States or the government of the District of
                        Columbia; or
                            (4) is a member of an organization of employees
                        of the Government of the United States or of
                        individuals employed by the government of the
                        District of Columbia that he knows asserts the right
                        to strike against the Government of the United
                        States or the government of the District of
                        Columbia;

                shall be fined not more than $1,000 or imprisoned not more
                than one year and a day, or both. (Sept. 6, 1966; Pub. L.
                89-554, Sec. 3(d); 80 Stat. 609.)

                               Part V.--IMMUNITY OF WITNESSES

         465.1  Sec. 6001. Definitions.
                    As used in this part--
                            (1) ``agency of the United States'' means any
                        executive department as defined in section 101 of
                        title 5, a military department as defined in section
                        102 of title 5, the Nuclear Regulatory Commission,
                        the Board of Governors of the Federal Reserve
                        System, the China Trade Act registrar appointed
                        under 53 Stat. 1432 (15 U.S.C. sec. 143), the
                        Commodities Futures Trading Commission, the Federal
                        Communications Commission, the Federal Deposit
                        Insurance Corporation, the Federal Maritime
                        Commission, the Federal Power Commission, the
                        Federal Trade Commission, the Interstate Commerce
                        Commission, the National Labor Relations Board, the
                        National Transpor-

    [[Page 677]]

                        tation Safety Board, the Railroad Retirement Board,
                        an arbitration board established under 48 Stat. 1193
                        (45 U.S.C. sec. 157), the Securities and Exchange
                        Commission, or a board established under 49 Stat. 31
                        (15 U.S.C. sec. 715d);
                            (2) ``other information'' includes any book,
                        paper, document, record, recording, or other
                        material;
                            (3) ``proceeding before an agency of the United
                        States'' means any proceeding before such an agency
                        with respect to which it is authorized to issue
                        subpenas and to take testimony or receive other
                        information from witnesses under oath; and
                            (4) ``court of the United States'' means any of
                        the following courts: the Supreme Court of the
                        United States, a United States court of appeals, a
                        United States district court established under
                        chapter 5, title 28, a United States bankruptcy
                        court established under chapter 6, title 28, United
                        States Code, the District of Columbia Court of
                        Appeals, the Superior Court of the District of
                        Columbia, the District Court of Guam, the District
                        Court of the Virgin Islands, the United States Court
                        of Federal Claims, the Tax Court of the United
                        States, the Court of International Trade, and the
                        Court of Appeals for the Armed Forces. (Oct. 15,
                        1970, Pub. L. 91-452, Sec. 201(a), 84 Stat. 926;
                        Sept. 30, 1978, Pub. L. 95-405, Sec. 25, 92 Stat.
                        877; Nov. 6, 1978, Pub. L. 95-598, Title III,
                        Sec. 314l, 92 Stat. 2678; Oct. 10, 1980, Pub. L. 96-
                        417, Title VI, Sec. 601(1), 94 Stat. 1744; Pub. L.
                        97-164, Title I, Sec. 164(1), Apr. 2, 1982, 96 Stat.
                        50; Pub. L. 102-550, Title XV, Sec. 1543, Oct. 28,
                        1992, 106 Stat. 4069; Oct. 29, 1992, Pub. L. 102-
                        572, Sec. 902(b)(1), 106 Stat. 4516; July 5, 1994,
                        Pub. L. 103-272, Sec. 4(d), 108 Stat. 1361; Sept.
                        13, 1994, Pub. L. 103-322, Sec. 330013, 108 Stat.
                        2146; Oct. 5, 1994, Pub. L. 103-337,
                        Sec. 924(d)(1)(B), 108 Stat. 2832.)
         465.2  Sec. 6002. Immunity generally.
                    Whenever a witness refuses, on the basis of his
                privilege against self-incrimination, to testify or provide
                other information in a proceeding before or ancillary to--
                            (1) a court or grand jury of the United States,
                            (2) an agency of the United States, or
                            (3) either House of Congress, a joint committee
                        of the two Houses, or a committee or a subcommittee
                        of either House,

                and the person presiding over the proceeding communicates to
                the witness an order issued under this part, the witness may
                not refuse to comply with the order on the basis of his
                privilege against self-incrimination; but no testimony or
                other information compelled under the order (or any
                information directly or indirectly derived from such
                testimony or other information) may be used against the
                witness in any criminal case, except a prosecution for
                perjury, giving a false statement, or otherwise failing to
                comply with the order. (Oct. 15, 1970, Pub. L. 91-452,
                Sec. 201(a), 84 Stat. 927.)

         465.3  Sec. 6005. Congressional proceedings.
                    (a) In the case of any individual who has been or may be
                called to testify or provide other information at any
                proceeding before either House of Congress, or any
                committee, or any subcommittee of either House, or any joint
                committee of the two Houses, a United States district court
                shall issue, in accordance with subsection (b) of this
                section, upon

    [[Page 678]]

                the request of a duly authorized representative of the House
                of Congress or the committee concerned, an order requiring
                such individual to give testimony or provide other
                information which he refuses to give or provide on the basis
                of his privilege against self-incrimination, such order to
                become effective as provided in section 6002 of this part.
                    (b) Before issuing an order under subsection (a) of this
                section, a United States district court shall find that--
                            (1) in the case of a proceeding before either
                        House of Congress, the request for such an order has
                        been approved by an affirmative vote of a majority
                        of the Members present of that House;
                            (2) in the case of a proceeding before a
                        committee or a subcommittee of either House of
                        Congress or a joint committee of both Houses, the
                        request for such an order has been approved by an
                        affirmative vote of two-thirds of the members of the
                        full committee; and
                            (3) ten days or more prior to the day on which
                        the request for such an order was made, the Attorney
                        General was served with notice of an intention to
                        request the order.
                    (c) Upon application of the Attorney General, the United
                States district court shall defer the issuance of any order
                under subsection (a) of this section for such period, not
                longer than twenty days from the date of the request for
                such order, as the Attorney General may specify. (Oct. 15,
                1970, Pub. L. 91-452, Sec. 201(a), 84 Stat. 928.)

    [[Page 679]]

                                  TITLE 19.--CUSTOMS DUTIES

                                        * * * * * * *

                               Chapter 12.--TRADE ACT OF 1974

                                        * * * * * * *

                       Subchapter I.--Negotiating and Other Authority

                                        * * * * * * *

                     Part 5.--CONGRESSIONAL PROCEDURES WITH RESPECT TO
                                    PRESIDENTIAL ACTIONS

         465.4  Sec. 2191. Bills implementing trade agreements on nontariff
                    barriers and resolutions approving commercial agreements
                    with Communist countries.
                (a) Rules of House of Representatives and Senate.
                    This section and sections 2192 and 2193 of this title
                are enacted by the Congress--
                            (1) as an exercise of the rulemaking power of
                        the House of Representatives and the Senate,
                        respectively, and as such they are deemed a part of
                        the rules of each House, respectively, but
                        applicable only with respect to the procedure to be
                        followed in that House in the case of implementing
                        bills described in subsection (b)(1) of this
                        section, implementing revenue bills described in
                        subsection (b)(2) of this section, approval
                        resolutions described in subsection (b)(3) of this
                        section, and resolutions described in sections
                        2192(a) and 2193(a) of this title; and they
                        supersede other rules only to the extent that they
                        are inconsistent therewith; and
                            (2) with full recognition of the constitutional
                        right of either House to change the rules (so far as
                        relating to the procedure of that House) at any
                        time, in the same manner and to the same extent as
                        in the case of any other rule of that House.

                (b) Definitions.
                    For purposes of this section--
                            (1) The term ``implementing bill'' means only a
                        bill of either House of Congress which is introduced
                        as provided in subsection (c) of this section with
                        respect to one or more trade agreements, or with
                        respect to an extension described in section
                        3572(c)(3) of this title, submitted to the House of
                        Representatives and the Senate under section 2112,
                        section 2903(a)(1) of this title, or section 3572 of
                        this title and which contains--

                                    (A) a provision approving such trade
                                agreement or agreements or such extension,

                                    (B) a provision approving the statement
                                of administrative action (if any) proposed
                                to implement such trade agreement or
                                agreements, and

    [[Page 680]]

                                    (C) if changes in existing laws or new
                                statutory authority is required to implement
                                such trade agreement or agreements or such
                                extension, provisions, necessary or
                                appropriate to implement such trade
                                agreement or agreements or such extension,
                                either repealing or amending existing laws
                                or providing new statutory authority.

                            (2) The term ``implementing revenue bill or
                        resolution'' means an implementing bill, or approval
                        resolution, which contains one or more revenue
                        measures by reason of which it must originate in the
                        House of Representatives.
                            (3) The term ``approval resolution'' means only
                        a joint resolution of the two Houses of the
                        Congress, the matter after the resolving clause of
                        which is as follows: ``That the Congress approves
                        the extension of nondiscriminatory treatment with
                        respect to the products of ---------- transmitted by
                        the President to the Congress on ------.'', the
                        first blank space being filled with the name of the
                        country involved and the second blank space being
                        filled with the appropriate date.

                (c) Introduction and referral.
                    (1) On the day on which a trade agreement is submitted
                to the House of Representatives and the Senate under section
                2112, or section 3572 of this title, the implementing bill
                submitted by the President with respect to such trade
                agreement or extension shall be introduced (by request) in
                the House by the majority leader of the House, for himself
                and the minority leader of the House, or by Members of the
                House designated by the majority leader and minority leader
                of the House; and shall be introduced (by request) in the
                Senate by the majority leader of the Senate, for himself and
                the minority leader of the Senate, or by Members of the
                Senate designated by the majority leader and minority leader
                of the Senate. If either House is not in session on the day
                on which such a trade agreement or extension is submitted,
                the implementing bill shall be introduced in that House, as
                provided in the preceding sentence, on the first day
                thereafter on which that House is in session. Such bills
                shall be referred by the Presiding Officers of the
                respective Houses to the appropriate committee, or, in the
                case of a bill containing provisions within the jurisdiction
                of two or more committees, jointly to such committees for
                consideration of those provisions within their respective
                jurisdictions.
                    (2) On the day on which a bilateral commercial
                agreement, entered into under subchapter IV of this chapter
                after January 3, 1975, is transmitted to the House of
                Representatives and the Senate, an approval resolution with
                respect to such agreement shall be introduced (by request)
                in the House by the majority leader of the House, for
                himself and the minority leader of the House, or by Members
                of the House designated by the majority leader and minority
                leader of the House; and shall be introduced (by request) in
                the Senate by the majority leader of the Senate, for himself
                and the minority leader of the Senate, or by Members of the
                Senate designated by the majority leader and minority leader
                of the Senate. If either House is not in session on the day
                on which such an agreement is transmitted, the approval
                resolution with respect to such agreement shall be
                introduced in that House, as provided in the preceding
                sentence, on the first day thereafter on

    [[Page 681]]

                which that House is in session. The approval resolution
                introduced in the House shall be referred to the Committee
                on Ways and Means and the approval resolution introduced in
                the Senate shall be referred to the Committee on Finance.

                (d) Amendments prohibited.
                    No amendment to an implementing bill or approval
                resolution shall be in order in either the House of
                Representatives or the Senate; and no motion to suspend the
                application of this subsection shall be in order in either
                House, nor shall it be in order in either House for the
                Presiding Officer to entertain a request to suspend the
                application of this subsection by unanimous consent.

                (e) Period for committee and floor consideration.
                    (1) Except as provided in paragraph (2), if the
                committee or committees of either House to which an
                implementing bill or approval resolution has been referred
                have not reported it at the close of the 45th day after its
                introduction, such committee or committees shall be
                automatically discharged from further consideration of the
                bill or resolution and it shall be placed on the appropriate
                calendar. A vote on final passage of the bill or resolution
                shall be taken in each House on or before the close of the
                15th day after the bill or resolution is reported by the
                committee or committees of that House to which it was
                referred, or after such committee or committees have been
                discharged from further consideration of the bill or
                resolution. If prior to the passage by one House of an
                implementing bill or approval resolution of that House, that
                House receives the same implementing bill or approval
                resolution from the other House, then--
                            (A) the procedure in that House shall be the
                        same as if no implementing bill or approval
                        resolution had been received from the other House;
                        but
                            (B) the vote on final passage shall be on the
                        implementing bill or approval resolution of the
                        other House.
                    (2) The provisions of paragraph (1) shall not apply in
                the Senate to an implementing revenue bill or resolution. An
                implementing revenue bill or resolution received from the
                House shall be referred to the appropriate committee or
                committees of the Senate. If such committee or committees
                have not reported such bill at the close of the 15th day
                after its receipt by the Senate (or, if later, before the
                close of the 45th day after the corresponding implementing
                revenue bill or resolution was introduced in the Senate),
                such committee or committees shall be automatically
                discharged from further consideration of such bill or
                resolution and it shall be placed on the calendar. A vote on
                final passage of such bill or resolution shall be taken in
                the Senate on or before the close of the 15th day after such
                bill or resolution is reported by the committee or
                committees of the Senate to which it was referred, or after
                such committee or committees have been discharged from
                further consideration of such bill or resolution.
                    (3) For purposes of paragraphs (1) and (2), in computing
                a number of days in either House, there shall be excluded
                any day on which that House is not in session.

    [[Page 682]]

                (f) Floor consideration in the House.
                    (1) A motion in the House of Representatives to proceed
                to the consideration of an implementing bill or approval
                resolution shall be highly privileged and not debatable. An
                amendment to the motion shall not be in order, nor shall it
                be in order to move to reconsider the vote by which the
                motion is agreed to or disagreed to.
                    (2) Debate in the House of Representatives on an
                implementing bill or approval resolution shall be limited to
                not more than 20 hours, which shall be divided equally
                between those favoring and those opposing the bill or
                resolution. A motion further to limit debate shall not be
                debatable. It shall not be in order to move to recommit an
                implementing bill or approval resolution or to move to
                reconsider the vote by which an implementing bill or
                approval resolution is agreed to or disagreed to.
                    (3) Motions to postpone, made in the House of
                Representatives with respect to the consideration of an
                implementing bill or approval resolution, and motions to
                proceed to the consideration of other business, shall be
                decided without debate.
                    (4) All appeals from the decisions of the chair relating
                to the application of the Rules of the House of
                Representatives to the procedure relating to an implementing
                bill or approval resolution shall be decided without debate.
                    (5) Except to the extent specifically provided in the
                preceding provisions of this subsection, consideration of an
                implementing bill or approval resolution shall be governed
                by the Rules of the House of Representatives applicable to
                other bills and resolutions in similar circumstances.

                (g) Floor consideration in the Senate.
                    (1) A motion in the Senate to proceed to the
                consideration of an implementing bill or approval resolution
                shall be privileged and not debatable. An amendment to the
                motion shall not be in order, nor shall it be in order to
                move to reconsider the vote by which the motion is agreed to
                or disagreed to.
                    (2) Debate in the Senate on an implementing bill or
                approval resolution, and all debatable motions and appeals
                in connection therewith, shall be limited to not more than
                20 hours. The time shall be equally divided between, and
                controlled by, the majority leader and the minority leader
                or their designees.
                    (3) Debate in the Senate on any debatable motion or
                appeal in connection with an implementing bill or approval
                resolution shall be limited to not more than 1 hour, to be
                equally divided between, and controlled by, the mover and
                the manager of the bill or resolution, except that in the
                event the manager of the bill or resolution is in favor of
                any such motion or appeal, the time in opposition thereto,
                shall be controlled by the minority leader or his designee.
                Such leaders, or either of them, may, from time under their
                control on the passage of an implementing bill or approval
                resolution, allot additional time to any Senator during the
                consideration of any debatable motion or appeal.
                    (4) A motion in the Senate to further limit debate is
                not debatable. A motion to recommit an implementing bill or
                approval resolution is not in order. (Jan. 3, 1975, Pub. L.
                93-618, Sec.  151, 88 Stat. 2001; Aug. 23, 1988, Pub. L.
                100-418, Sec. 1007(b)(1), 102 Stat. 1135; Aug. 20, 1990,

    [[Page 683]]

                Pub. L. 101-382, Sec. 132(b)(2), 104 Stat. 645; Dec. 8,
                1994, Pub. L. 103-465, title II, Sec. 282(c)(4), 108 Stat.
                4929.)
         465.5  Sec. 2192. Resolutions disapproving certain actions.
                (a) Contents of resolutions.
                    (1) For purposes of this section, the term
                ``resolution'' means only--
                            (A) a joint resolution of the two Houses of the
                        Congress, the matter after the resolving clause of
                        which is as follows: ``That the Congress does not
                        approve the action taken by, or the determination
                        of, the President under section 203 of the Trade Act
                        of 1974 [19 U.S.C. 2253] transmitted to the Congress
                        on ----------'', the blank space being filled with
                        the appropriate date; and
                            (B) a joint resolution of the two Houses of
                        Congress, the matter after the resolving clause of
                        which is as follows: ``That the Congress does not
                        approve ---------- transmitted to the Congress on --
                        --------'', with the first blank space being filled
                        in accordance with paragraph (2), and the second
                        blank space being filled with the appropriate date.
                    (2) The first blank space referred to in paragraph
                (1)(B) shall be filled, in the case of a resolution referred
                to in section 2437(c)(2) of this title, with the phrase
                ``the report of the President submitted under section ------
                of the Trade Act of 1974 with respect to ----------'' (with
                the first blank space being filled with ``402(b)'' or
                ``409(b)'' [19 U.S.C. 2432(b) or 2439(b)] as appropriate,
                and the second blank space being filled with the name of the
                country involved).
                (b) Reference to committees.
                    All resolutions introduced in the House of
                Representatives shall be referred to the Committee on Ways
                and Means and all resolutions introduced in the Senate shall
                be referred to the Committee on Finance.

                (c) Discharge of committees.
                    (1) If the committee of either House to which a
                resolution has been referred has not reported it at the end
                of 30 days after its introduction, not counting any day
                which is excluded under section 2194(b) of this title, it is
                in order to move either to discharge the committee from
                further consideration of the resolution or to discharge the
                committee from further consideration of any other resolution
                introduced with respect to the same matter, except that a
                motion to discharge--
                            (A) may only be made on the second legislative
                        day after the calendar day on which the Member
                        making the motion announces to the House his
                        intention to do so; and
                            (B) is not in order after the Committee has
                        reported a resolution with respect to the same
                        matter.
                    (2) A motion to discharge under paragraph (1) may be
                made only by an individual favoring the resolution, and is
                highly privileged in the House and privileged in the Senate;
                and debate thereon shall be limited to not more than 1 hour,
                the time to be divided in the House equally between those
                favoring and those opposing the resolution, and to be
                divided in the Senate equally between, and controlled by,
                the majority leader and the minority leader or their
                designees. An amendment to the motion is not in order, and
                it is not in order

    [[Page 684]]

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

                (d) Floor consideration in the House.
                    (1) A motion in the House of Representatives to proceed
                to the consideration of a resolution shall be highly
                privileged and not debatable. An amendment to the motion
                shall not be in order, nor shall it be in order to move to
                reconsider the vote by which the motion is agreed to or
                disagreed to.
                    (2) Debate in the House of Representatives on a
                resolution shall be limited to not more than 20 hours, which
                shall be divided equally between those favoring and those
                opposing the resolution. A motion further to limit debate
                shall not be debatable. No amendment to, or motion to
                recommit, the resolution shall be in order. It shall not be
                in order to move to reconsider the vote by which a
                resolution is agreed to or disagreed to.
                    (3) Motions to postpone, made in the House of
                Representatives with respect to the consideration of a
                resolution, and motions to proceed to the consideration of
                other business shall be decided without debate.
                    (4) All appeals from the decisions of the Chair relating
                to the application of the Rules of the House of
                Representatives to the procedure relating to a resolution
                shall be decided without debate.
                    (5) Except to the extent specifically provided in the
                preceding provisions of this subsection, consideration of a
                resolution in the House of Representatives shall be governed
                by the Rules of the House of Representatives applicable to
                other resolutions in similar circumstances.

                (e) Floor consideration in the Senate.
                    (1) A motion in the Senate to proceed to the
                consideration of a resolution shall be privileged. An
                amendment to the motion shall not be in order, nor shall it
                be in order to move to reconsider the vote by which the
                motion is agreed to or disagreed to.
                    (2) Debate in the Senate on a resolution, and all
                debatable motions and appeals in connection therewith, shall
                be limited to not more than 20 hours, to be equally divided
                between, and controlled by, the majority leader and the
                minority leader or their designees.
                    (3) Debate in the Senate on any debatable motion or
                appeal in connection with a resolution shall be limited to
                not more than 1 hour, to be equally divided, between, and
                controlled by, the mover and the manager of the resolution,
                except that it the event the manager of the resolution is in
                favor of any such motion or appeal, the time in opposition
                thereto, shall be controlled by the minority leader or his
                designee. Such leaders, or either of them, may, from time
                under their control on the passage of a resolution, allot
                additional time to any Senator during the consideration of
                any debatable motion or appeal.
                    (4) A motion in the Senate to further limit debate on a
                resolution, debatable motion, or appeal is not debatable. No
                amendment to, or motion to recommit, a resolution is in
                order in the Senate.
                (f) Procedures in the Senate.
                    (1) Except as otherwise provided in the section, the
                following procedures shall apply in the Senate to a
                resolution to which this section applies:

    [[Page 685]]

                            (A)(i) Except as provided in clause (ii), a
                        resolution that has passed the House of
                        Representatives shall, when received in the Senate,
                        be referred to the Committee on Finance for
                        consideration in accordance with this section.
                            (ii) If a resolution to which this section
                        applies was introduced in the Senate before receipt
                        of a resolution that has passed the House of
                        Representatives, the resolution from the House of
                        Representatives shall, when received in the Senate
                        be placed on the calendar. If this clause applies,
                        the procedures in the Senate with respect to a
                        resolution introduced in the Senate that contains
                        the identical matter as the resolution that passed
                        the House of Representatives shall be the same as if
                        no resolution had been received from the House of
                        Representatives, except that the vote on passage in
                        the Senate shall be on the resolution that passed
                        the House of Representatives.
                            (B) If the Senate passes a resolution before
                        receiving from the House of Representatives a joint
                        resolution that contains the identical matter, the
                        joint resolution shall be held at the desk pending
                        receipt of the joint resolution from the House of
                        Representatives. Upon receipt of the joint
                        resolution from the House of Representatives, such
                        joint resolution shall be deemed to be read twice,
                        considered, read the third time, and passed.
                    (2) If the texts of joint resolutions described in
                section 2192 or 2193(a) of this title, whichever is
                applicable, concerning any matter are not identical--
                            (A) the Senate shall vote passage on the
                        resolution introduced in the Senate, and
                            (B) the text of the joint resolution passed by
                        the Senate shall, immediately upon its passage (or,
                        if later, upon receipt of the joint resolution
                        passed by the House), be substituted for the text of
                        the joint resolution passed by the House of
                        Representatives, and such resolution, as amended,
                        shall be returned with a request for a conference
                        between the two Houses.
                    (3) Consideration in the Senate of any veto message with
                respect to a joint resolution described in subsection
                (a)(2)(B) of this section or section 2193(a) of this title,
                including consideration of all debatable motions and appeals
                in connection therewith, shall be limited to 10 hours, to be
                equally divided between, and controlled by, the majority
                leader and the minority leader or their designees. (Jan. 3,
                1975, Pub. L. 93-618, Sec. 152, 88 Stat. 2004; July 26,
                1979, Pub. L. 96-39, Sec. 902(a)(1), 1106(c)(5), 93 Stat
                299, 312; Oct. 30, 1984, Pub. L. 98-573, Sec. 248(b), 98
                Stat. 2998; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(c)(2)-
                (5), 104 Stat. 646, 647; Dec. 8, 1994, Pub. L. 103-465,
                Sec. 261(d)(1)(A)(ii), 108 Stat. 4909.)
         465.6  Sec. 2193. Resolutions relating to extension of waiver
                    authority under section 402 of the Trade Act of 1974.
                (a) Contents of resolutions.
                    For purposes of this section the term ``resolution''
                means only a joint resolution of the two Houses of Congress,
                the matter after the resolving clause of which is as
                follows: ``That the Congress does not approve the extension
                of the authority contained in section 402(c) of the Trade
                Act of 1974 [19 U.S.C. 2432(c)] recommended by the President
                to the

    [[Page 686]]

                Congress on ---------- with respect to ----------,'' with
                the first blank space being filled with the appropriate
                date, and the second blank space being filled with the names
                of those countries, if any, with respect to which such
                extension of authority is not approved and with the clause
                beginning with ``with respect to'' being omitted if the
                extension of the authority is not approved with respect to
                any country.
                (b) Application of rules of section 2192 of this title;
                    exceptions.
                    (1) Except as provided in this section, the provisions
                of section 2192 of this title shall apply to resolutions
                described in subsection (a) of this section.
                    (2) In applying section 2192(c)(1) of this title, all
                calendar days shall be counted.
                    (3) That part of section 2192(d)(2) of this title which
                provides that no amendment is in order shall not apply to
                any amendment to a resolution which is limited to striking
                out or inserting the names of one or more countries or to
                striking out or inserting a with-respect-to clause. Debate
                in the House of Representatives on any amendment to a
                resolution shall be limited to not more than 1 hour which
                shall be equally divided between those favoring and those
                opposing the amendment. A motion in the House to further
                limit debate on an amendment to a resolution is not
                debatable.
                    (4) That part of section 2192(e)(4) of this title which
                provides that no amendment is in order shall not apply to
                any amendment to a resolution which is limited to striking
                out or inserting the names of one or more countries or to
                striking out or inserting a with-respect-to clause. The time
                limit on a debate on a resolution in the Senate under
                section 2192(e)(2) of this title shall include all
                amendments to a resolution. Debate in the Senate on any
                amendment to a resolution shall be limited to not more than
                1 hour, to be equally divided between, and controlled by,
                the mover and the manager of the resolution, except that in
                the event the manager of the resolution is in favor of any
                such amendment, the time in opposition thereto shall be
                controlled by the minority leader or his designee. The
                majority leader and minority leader may, from time under
                their control on the passage of a resolution, allot
                additional time to any Senator during the consideration of
                any amendment. A motion in the Senate to further limit
                debate on an amendment to a resolution is not debatable.

                (c) Consideration of second resolution not in order.
                    It shall not be in order in either the House of
                Representatives or the Senate to consider a resolution with
                respect to a recommendation of the President under section
                2432(d) of this title (other than a resolution described in
                subsection (a) of this section received from the other
                House), if that House has adopted a resolution with resepct
                to the same recommendation. (Jan. 3, 1975, Pub. L. 93-618,
                Sec. 153, 88 stat. 2006.)

                (d) Procedures relating to conference reports in the Senate.
                    (1) Consideration in the Senate of the conference report
                on any joint resolution described in subsection (a) of this
                section, including consideration of all amendments in
                disagreement (and all amendments thereto), and consideration
                of all debatable motions and appeals in connection
                therewith, shall be limited to 10 hours, to be equally
                divided between,

    [[Page 687]]

                and controlled by, the majority leader and the minority
                leader or their designees. Debate on any debatable motion or
                appeal related to the conference report shall be limited to
                1 hour, to be equally divided between, and controlled by,
                the mover and the manager of the conference report.
                    (2) In any case in which there are amendments in
                disagreement, time on each amendment shall be limited to 30
                minutes, to be equally divided between, and controlled by,
                the manager of the conference report and the minority leader
                or his designee. No amendment to any amendment in
                disagreement shall be received unless it is a germane
                amendment. (Aug. 20, 1990, Pub. L. 101-382, Sec. 132(a)(3)-
                (6), 104 Stat. 644, 645.)
         465.7  Sec. 2194. Special rules relating to Congressional
                    procedures.
                    (a) Whenever, pursuant to section 2112(c), 2253(b),
                2432(d), or 2437 (a) or (b), or section 1303(e) of this
                title, a document is required to be transmitted to the
                Congress, copies of such document shall be delivered to both
                Houses of Congress on the same day and shall be delivered to
                the Clerk of the House of Representatives if the House is
                not in session and to the Secretary of the Senate if the
                Senate is not in session.
                    (b) For purposes of sections 2253(c) and 2437(c)(2), of
                this title, the 90-day period referred to in such sections
                shall be computed by excluding--
                            (1) the days on which either House is not in
                        session because of an adjournment of more than 3
                        days to a day certain or an adjournment of the
                        Congress sine die, and
                            (2) any Saturday and Sunday, not excluded under
                        paragraph (1), when either House is not in session.
                        (Jan. 3, 1975, Pub. L. 93-618, Sec. 154, 88 Stat.
                        2008; July 26, 1979, Pub. L. 96-39, Sec. 902(a)(2),
                        93 Stat. 300; Aug. 20, 1990, Pub. L. 101-382,
                        Sec. 132(c)(6), 104 Stat. 647.)

                         Part 6.--CONGRESSIONAL LIAISON AND REPORTS

         465.8  Sec. 2211. Congressional advisers for trade policy and
                    negotiations.
                    (a) Selection.
                            (1) At the beginning of each regular session of
                        Congress, the Speaker of the House of
                        Representatives, upon the recommendation of the
                        chairman of the Committee on Ways and Means, shall
                        select 5 members (not more than 3 of whom are
                        members of the same political party) of such
                        committee, and the President pro tempore of the
                        Senate, upon the recommendation of the chairman of
                        the Committee on Finance, shall select 5 members
                        (not more than 3 of whom are members of the same
                        political party) of such committee, who shall be
                        designated congressional advisers on trade policy
                        and negotiations. They shall provide advice on the
                        development of trade policy and priorities for the
                        implementation thereof. They shall also be
                        accredited by the United States Trade Representative
                        on behalf of the President as official advisers to
                        the United States delegations to international
                        conferences, meetings, and negotiating sessions
                        relating to trade agreements.

    [[Page 688]]

                            (2)(A) In addition to the advisers designated
                        under paragraph (1) from the Committee on Ways and
                        Means and the Committee on Finance--

                                    (i) the Speaker of the House may select
                                additional members of the House, for
                                designation as congressional advisers
                                regarding specific trade policy matters or
                                negotiations, from any other committee of
                                the House or joint committee of Congress
                                that has jurisdiction over legislation
                                likely to be affected by such matters or
                                negotiations; and

                                    (ii) the President pro tempore of the
                                Senate may select additional members of the
                                Senate, for designation as congressional
                                advisers regarding specific trade policy
                                matters or negotiations, from any other
                                committee of the Senate or joint committee
                                of Congress that has jurisdiction over
                                legislation likely to be affected by such
                                matters or negotiations.

                        Members of the House and Senate selected as
                        congressional advisers under this subparagraph shall
                        be accredited by the United States Trade
                        Representative.
                            (B) Before designating any member under
                        subparagraph (A), the Speaker or the President pro
                        tempore shall consult with--

                                    (i) the chairman and ranking member of
                                the Committee on Ways and Means or the
                                Committee on Finance, as appropriate; and

                                    (ii) the chairman and ranking minority
                                member of the committee from which the
                                member will be selected.

                            (C) Not more than 3 members (not more than 2 of
                        whom are members of the same political party) may be
                        selected under this paragraph as advisers from any
                        committee of Congress.
                    (b) Briefing.
                            (1) The United States Trade Representative shall
                        keep each official adviser designated under
                        subsection (a)(1) currently informed on matters
                        affecting the trade policy of the United States and,
                        with respect to possible agreements, negotiating
                        objectives, the status of negotiations in progress,
                        and the nature of any changes in domestic law or the
                        administration thereof which may be recommended to
                        Congress to carry out any trade agreement or any
                        requirement of, amendment to, or recommendation
                        under, such agreement.
                            (2) The United States Trade Representative shall
                        keep each official adviser designated under
                        subsection (a)(2) of this section currently informed
                        regarding the trade policy matters and negotiations
                        with respect to which the adviser is designated.
                            (3)(A) The chairmen of the Committee on Ways and
                        Means and the Committee on Finance may designate
                        members (in addition to the official advisers under
                        subsection (a)(1) of this section) and staff members
                        of their respective committees who shall have access
                        to the information provided to official advisers
                        under paragraph (1).
                            (B) The chairman of any committee of the House
                        or Senate or any joint committee of Congress from
                        which official advisers are selected under
                        subsection (a)(2) may designate other members of
                        such committee, and staff members of such committee,
                        who shall have access to the information provided to
                        official advisers under paragraph (2).

    [[Page 689]]

                    (c) Committee Consultation.
                            The United States Trade Representative shall
                        consult on a continuing basis with the Committee on
                        Ways and Means of the House of Representatives, the
                        Committee on Finance of the Senate, and the other
                        appropriate committees of the House and Senate on
                        the development, implementation, and administration
                        of overall trade policy of the United States. Such
                        consultations shall include, but are not limited to,
                        the following elements of such policy:
                            (1) The principal multilateral and bilateral
                        negotiating objectives and the progress being made
                        toward their achievement.
                            (2) The implementation, administration, and
                        effectiveness of recently concluded multilateral and
                        bilateral trade agreements and resolution of trade
                        disputes.
                            (3) The actions taken, and proposed to be taken,
                        under the trade laws of the United States and the
                        effectiveness, or anticipated effectiveness, of such
                        actions in achieving trade policy objectives.
                            (4) The important developments and issues in
                        other areas of trade for which there must be
                        developed proper policy response.

                When necessary, meetings shall be held with each Committee
                in executive session to review matters under negotiation.
                (Jan. 3, 1975, Pub. L. 98-618, Sec. 161, 88 Stat. 2008; July
                26, 1979, Pub. L. 96-39, Sec. 3(e), 93 Stat. 150; Jan. 2,
                1980, 1979 Reorg. Plan No. 3, Sec. (b)(1), 93 Stat. 1381;
                Aug. 23, 1988, Pub. L. 100-418, Sec. 1632, 102 Stat. 1269.)

         465.9  Sec. 2212. Transmission of agreements to Congress.
                    (a) As soon as practicable after a trade agreement
                entered into under section 2133 or 2134 of this title or
                under section 1102 of the Omnibus Trade and Competitiveness
                Act of 1988 (19 U.S.C. 2902) has entered into force with
                respect to the United States, the President shall, if he has
                not previously done so, transmit a copy of such trade
                agreement to each House of the Congress together with a
                statement, in the light of the advice of the International
                Trade Commission under section 2151(b) of this title, if
                any, and of other relevant considerations, of his reasons
                for entering into the agreement.
                    (b) The President shall transmit to each Member of the
                Congress a summary of the information required to be
                transmitted to each House under subsection (a) of this
                section. For purposes of this subsection, the term
                ``Member'' includes any Delegate or Resident Commissioner.
                (Jan. 3, 1975, Pub. L. 93-618, Sec. 162, 88 Stat. 2008; Nov.
                10, 1988, Pub. L. 100-697, Sec. 9001(a)(10), 102 Stat.
                3807.)
        465.10  Sec. 2213. Reports.
                    (a) Annual Report on Trade Agreements Program and
                National Trade Policy Agenda.
                            (1) The President shall submit to the Congress
                        during each calendar year (but not later than March
                        1 of that year) a report on--

                                    (A) the operation of the trade
                                agreements program, and the provision of
                                import relief and adjustment assistance to
                                workers and firms, under this Act during the
                                preceding calendar year; and

                                    (B) the national trade policy agenda for
                                the year in which the report is submitted.

    [[Page 690]]

                            (2) The report shall include, with respect to
                        the matters referred to in paragraph (1)(A),
                        information regarding--

                                    (A) new trade negotiations;

                                    (B) changes made in duties and nontariff
                                barriers and other distortions of trade of
                                the United States;

                                    (C) reciprocal concessions obtained;

                                    (D) changes in trade agreements
                                (including the incorporation therein of
                                actions taken for import relief and
                                compensation provided therefor);

                                    (E) the extension or withdrawal of
                                nondiscriminatory treatment by the United
                                States with respect to the products of
                                foreign countries;

                                    (F) the extension, modification,
                                withdrawal, suspension, or limitation of
                                preferential treatment to exports of
                                developing countries;

                                    (G) the results of actions to obtain the
                                removal of foreign trade restrictions
                                (including discriminatory restrictions)
                                against United States exports and the
                                removal of foreign practices which
                                discriminate against United States service
                                industries (including transportation and
                                tourism) and investment;

                                    (H) the measures being taken to seek the
                                removal of other significant foreign import
                                restrictions;

                                    (I) each of the referrals made under
                                section 2171(d)(1)(B) of this title and any
                                action taken with respect to such referral;

                                    (J) other information relating to the
                                trade agreements program and to the
                                agreements entered into thereunder; and

                                    (K) the number of applications filed for
                                adjustment assistance for workers and firms,
                                the number of such applications which were
                                approved, and the extent to which adjustment
                                assistance has been provided under such
                                approved applications.

                            (3)(A) The national trade policy agenda required
                        under paragraph (1)(B) for the year in which a
                        report is submitted shall be in the form of a
                        statement of--

                                    (i) the trade policy objectives and
                                priorities of the United States for the
                                year, and the reasons therefor;

                                    (ii) the actions proposed, or
                                anticipated, to be undertaken during the
                                year to achieve such objectives and
                                priorities, including, but not limited to,
                                actions authorized under the trade laws and
                                negotiations with foreign countries;

                                    (iii) any proposed legislation necessary
                                or appropriate to achieve any of such
                                objectives or priorities; and

                                    (iv) the progress that was made during
                                the preceding year in achieving the trade
                                policy objectives and priorities included in
                                the statement provided for that year under
                                this paragraph.

                            (B) The President may separately submit any
                        information referred to in subparagraph (A) to the
                        Congress in confidence if the President considers
                        confidentiality appropriate.
                            (C) Before submitting the national trade policy
                        agenda for any year, the President shall seek advice
                        from the appropriate advisory committees established
                        under section 2155 of this title and shall consult
                        with the appropriate committees of the Congress.
                            (D) The United States Trade Representative
                        (hereafter referred to in this section as the
                        ``Trade Representative'') and other appro-

    [[Page 691]]

                        priate officials of the United States Government
                        shall consult periodically with the appropriate
                        committees of the Congress regarding the annual
                        objectives and priorities set forth in each national
                        trade policy agenda with respect to--

                                    (i) the status and results of the
                                actions that have been undertaken to achieve
                                the objectives and priorities; and

                                    (ii) any development which may require,
                                or result in, changes to any of such
                                objectives or priorities.

                    (b) Annual Trade Projection Report.
                            (1) In order for the Congress to be informed of
                        the impact of foreign trade barriers and
                        macroeconomic factors on the balance of trade of the
                        United States, the Trade Representative and the
                        Secretary of the Treasury shall jointly prepare and
                        submit to the Committee on Finance of the Senate and
                        the Committee on Ways and Means of the House of
                        Representatives (hereafter referred to in this
                        subsection as the ``Committees'') on or before March
                        1 of each year a report which consists of--

                                    (A) a review and analysis of--

                                            (i) the merchandise balance of
                                        trade,

                                            (ii) the goods and services
                                        balance of trade,

                                            (iii) the balance on the current
                                        account,

                                            (iv) the external debt position,

                                            (v) the exchange rates,

                                            (vi) the economic growth rates,

                                            (vii) the deficit or surplus in
                                        the fiscal budget, and

                                            (viii) the impact on United
                                        States trade of market barriers and
                                        other unfair practices,

                                of countries that are major trading partners
                                of the United States, including, as
                                appropriate, groupings of such countries;

                                    (B) projections for each of the economic
                                factors described in subparagraph (A)
                                (except those described in clauses (v) and
                                (viii)) for each of the countries and groups
                                of countries referred to in subparagraph (A)
                                for the year in which the report is
                                submitted and for the succeeding year; and

                                    (C) conclusions and recommendations,
                                based upon the projections referred to in
                                subparagraph (B), for policy changes,
                                including trade policy, exchange rate
                                policy, fiscal policy, and other policies
                                that should be implemented to improve the
                                outlook.

                            (2) To the extent that subjects referred to in
                        paragraph (1) (A), (B), or (C) are covered in the
                        national trade policy agenda required under
                        subsection (a)(1)(B) or in other reports required by
                        this Act or other law, the Trade Representative and
                        the Secretary of the Treasury may, as appropriate,
                        draw on the information, analysis, and conclusions,
                        if any, in those reports for the purposes of
                        preparing the report required by this subsection.
                            (3) The Trade Representative and the Secretary
                        of the Treasury shall consult with the Chairman of
                        the Board of Governors of the Federal Reserve System
                        in the preparation of each report required under
                        this subsection.
                            (4) The Trade Representative and the Secretary
                        of the Treasury may separately submit any
                        information, analysis, or conclusion referred to in
                        paragraph (1) to the Committees in confidence if the

    [[Page 692]]

                        Trade Representative and the Secretary consider
                        confidentiality appropriate.
                            (5) After submission of each report required
                        under paragraph (1), the Trade Representative and
                        the Secretary of the Treasury shall consult with
                        each of the Committees with respect to the report.
                    (c) ITC Reports.
                            The United States International Trade Commission
                        shall submit to the Congress, at least once a year,
                        a factual report on the operation of the trade
                        agreements program. (Jan. 3, 1975, Pub. L. 93-618,
                        Sec. 163, 88 Stat. 2009; Aug. 23, 1988, Pub. L. 100-
                        418, Sec. 1641, 102 Stat. 1271.)

                                        * * * * * * *

                             Part 8.--BARRIERS TO MARKET ACCESS

        465.11  Sec. 2241. Estimates of barriers to market access.

                (a) National trade estimates.

                        (1) In general.

                            For calendar year 1988, and for each succeeding
                        calendar year, the United States Trade
                        Representative, through the interagency trade
                        organization established pursuant to section 1872(a)
                        of this title and with the assistance of the
                        interagency advisory committee established under
                        section 2171(d)(2) of this title, shall--

                                    (A) identify and analyze acts, policies,
                                or practices of each foreign country which
                                constitute significant barriers to, or
                                distortions of--

                                            (i) United States exports of
                                        goods or services (including
                                        agricultural commodities; and
                                        property protected by trademarks,
                                        patents, and copyrights exported or
                                        licensed by United States persons),
                                        and

                                            (ii) foreign direct investment
                                        by United States persons, especially
                                        if such investment has implications
                                        for trade in goods or services;

                                    (B) make an estimate of the trade-
                                distorting impact on United States commerce
                                of any act, policy, or practice identified
                                under subparagraph (A); and

                                    (C) make an estimate, if feasible, of--

                                            (i) the value of additional
                                        goods and services of the United
                                        States, and

                                            (ii) the value of additional
                                        foreign direct investment by United
                                        States persons,

                                that would have been exported to, or
                                invested in, each foreign country during
                                such calendar year if each of such acts,
                                policies, and practices of such country did
                                not exist.
                        (2) Certain factors taken into account in making
                                analysis and estimate.
                            In making any analysis or estimate under
                        paragraph (1), the Trade Representative shall take
                        into account--

                                    (A) the relative impact of the act,
                                policy, or practice on United States
                                commerce;

    [[Page 693]]

                                    (B) the availability of information to
                                document prices, market shares, and other
                                matters necessary to demonstrate the effects
                                of the act, policy, or practice;

                                    (C) the extent to which such act,
                                policy, or practice is subject to
                                international agreements to which the United
                                States is a party;

                                    (D) any advice given through appropriate
                                committees established pursuant to section
                                2155 of this title; and

                                    (E) the actual increase in--

                                            (i) the value of goods and
                                        services of the United States
                                        exported to, and

                                            (ii) the value of foreign direct
                                        investment made in,

                            the foreign country during the calendar year for
                        which the estimate under paragraph (1)(C) is made.
                        (3) Annual revisions and updates.
                            The Trade Representative shall annually revise
                        and update the analysis and estimate under paragraph
                        (1).

                (b) Submission of report.

                        (1) In general.

                            On or before April 30, 1989, and on or before
                        March 31 of each succeeding calendar year, the Trade
                        Representative shall submit a report on the analysis
                        and estimates made under subsection (a) for the
                        calendar year preceding such calendar year (which
                        shall be known as the ``National Trade Estimate'')
                        to the President, the Committee on Finance of the
                        Senate, and appropriate committees of the House of
                        Representatives.
                        (2) Reports to include information with respect to
                                action being taken.
                            The Trade Representative shall include in each
                        report submitted under paragraph (1) information
                        with respect to any action taken (or the reasons for
                        no action taken) to eliminate any act, policy, or
                        practice identified under subsection (a), including,
                        but not limited to--
                            (A) any action under section 2411 of this title,
                            (B) negotiations or consultations with foreign
                        governments, or
                            (C) a section on foreign anticompetitive
                        practices, the toleration of which by foreign
                        governments is adversely affecting exports of United
                        States goods or services.
                        (3) Consultation with Congress on trade policy
                                priorities.
                            The Trade Representative shall keep the
                        committees described in paragraph (1) currently
                        informed with respect to trade policy priorities for
                        the purposes of expanding market opportunities.
                        After the submission of the report required by
                        paragraph (1), the Trade Representative shall also
                        consult periodically with, and take into account the
                        views of, the committees described in that paragraph
                        regarding means to address the foreign trade
                        barriers identified in the report, including the
                        possible initiation of investigations under section
                        2412 of this title or other trade actions.

    [[Page 694]]

                (c) Assistance of other agencies.
                       (1) Furnishing of information.
                            The head of each department or agency of the
                        executive branch of the Government, including any
                        independent agency, is authorized and directed to
                        furnish to the Trade Representative or to the
                        appropriate agency, upon request, such data,
                        reports, and other information as is necessary for
                        the Trade Representative to carry out his functions
                        under this section. In preparing the section of the
                        report required by subsection (b)(2)(C) of this
                        section, the Trade Representative shall consult in
                        particular with the Attorney General.
                        (2) Restrictions on release or use of information.
                            Nothing in this subsection shall authorize the
                        release of information to, or the use of information
                        by, the Trade Representative in a manner
                        inconsistent with law or any procedure established
                        pursuant thereto.
                        (3) Personnel and services.
                            The head of any department, agency, or
                        instrumentality of the United States may detail such
                        personnel, and may furnish such services, with or
                        without reimbursement, as the Trade Representative
                        may request to assist in carrying out his functions.

                (Jan. 3, 1975, Pub. L. 93-618, Sec. 181, 88 Stat. 2001; Oct.
                30, 1984, Pub. L. 98-573, Sec. 303(a), 98 Stat. 3001; Aug.
                23, 1988, Pub. L. 100-418, Sec. 1304, 102 Stat. 1181; Dec.
                8, 1994, Pub. L. 103-465, title III, Secs. 311(a), 312,
                108 Stat. 4938.)

                                        * * * * * * *

                    Chapter 17.--NEGOTIATION AND IMPLEMENTATION OF TRADE
                                         AGREEMENTS

                                        * * * * * * *

        465.12  Sec. 2903. Implementation of trade agreements.
                    (a) In General.
                            (1) Any agreement entered into under section
                        2902 (b) or (c) of this title shall enter into force
                        with respect to the United States if (and only if)--

                                    (A) the President, at least 90 calendar
                                days before the day on which he enters into
                                the trade agreement, notifies the House of
                                Representatives and the Senate of his
                                intention to enter into the agreement, and
                                promptly thereafter publishes notice of such
                                intention in the Federal Register,

                                    (B) after entering into the agreement,
                                the President submits a document to the
                                House of Representatives and to the Senate
                                containing a copy of the final legal text of
                                the agreement, together with--

                                            (i) a draft of an implementing
                                        bill,

                                            (ii) a statement of any
                                        administrative action proposed to
                                        implement the trade agreement, and

                                            (iii) the supporting information
                                        described in paragraph (2); and

                                    (C) the implementing bill is enacted
                                into law.

    [[Page 695]]

                            (2) The supporting information required under
                        paragraph (1)(B)(iii) consists of--

                                    (A) an explanation as to how the
                                implementing bill and proposed
                                administrative action will change or affect
                                existing law; and

                                    (B) a statement--

                                            (i) asserting that the agreement
                                        makes progress in achieving the
                                        applicable purposes, policies, and
                                        objectives of this title,

                                            (ii) setting forth the reasons
                                        of the President regarding--

                                                    (I) how and to what
                                                extent the agreement makes
                                                progress in achieving the
                                                applicable purposes,
                                                policies, and objectives
                                                referred to in clause (i),
                                                and why and to what extent
                                                the agreement does not
                                                achieve other applicable
                                                purposes, policies, and
                                                objectives,
                                                    (II) how the agreement
                                                serves the interests of
                                                United States commerce, and
                                                    (III) why the
                                                implementing bill and
                                                proposed administrative
                                                action is required or
                                                appropriate to carry out the
                                                agreement;

                                            (iii) describing the efforts
                                        made by the President to obtain
                                        international exchange rate
                                        equilibrium and any effect the
                                        agreement may have regarding
                                        increased international monetary
                                        stability; and

                                            (iv) describing the extent, if
                                        any, to which--

                                                    (I) each foreign country
                                                that is a party to the
                                                agreement maintains non-
                                                commercial state trading
                                                enterprises that may
                                                adversely affect, nullify,
                                                or impair the benefits to
                                                the United States under the
                                                agreement, and
                                                    (II) the agreement
                                                applies to or affects
                                                purchases and sale by such
                                                purchases and

                            (3) To ensure that a foreign country which
                        receives benefits under a trade agreement entered
                        into under section 2902(b) or (c) of this title is
                        subject to the obligations imposed by such
                        agreement, the President shall recommend to Congress
                        in the implementing bill and statement of
                        administrative action submitted with respect to such
                        agreement that the benefits and obligations of such
                        agreement apply solely to the parties to such
                        agreement, if such application is consistent with
                        the terms of such agreement. The President may also
                        recommend with respect to any such agreement that
                        the benefits and obligations of such agreement not
                        apply uniformly to all parties to such agreement, if
                        such application is consistent with the terms of
                        such agreement.
                    (b) Application of Congressional ``Fast Track''
                Procedures to Implementing Bills.
                            (1) Except as provided in subsection (c)--

                                    (A) the provisions of section 2191 of
                                this title (hereinafter in this section
                                referred to as ``fast track procedures'')
                                apply to implementing bills submitted with
                                respect to trade agreements entered into
                                under section 2902 (b) or (c) of this title
                                before June 1, 1991; and

                                    (B) such fast track procedures shall be
                                extended to implementing bills submitted
                                with respect to trade agreements entered

    [[Page 696]]

                                into under section 2902 (b) or (c) of this
                                title after May 31, 1991, and before June 1,
                                1993, if (and only if)--

                                            (i) the President requests such
                                        extension under paragraph (2); and

                                            (ii) neither House of the
                                        Congress adopts an extension
                                        disapproval resolution under
                                        paragraph (5) before June 1, 1991.

                            (2) If the President is of the opinion that the
                        fast track procedures should be extended to
                        implementing bills described in paragraph (1)(B),
                        the President must submit to the Congress, no later
                        than March 1, 1991, a written report that contains a
                        request for such extension, together with--

                                    (A) a description of all trade
                                agreements that have been negotiated under
                                section 2902(b) or (c) of this title and the
                                anticipated schedule for submitting such
                                agreements to the Congress for approval;

                                    (B) a description of the progress that
                                has been made in multilateral and bilateral
                                negotiations to achieve the purposes,
                                policies, and objectives of this title, and
                                a statement that such progress justifies the
                                continuation of negotiations; and

                                    (C) a statement of the reasons why the
                                extension is needed to complete the
                                negotiations.

                            (3) The President shall promptly inform the
                        Advisory Committee for Trade Policy and Negotiations
                        established under section 135 of the Trade Act of
                        1974 (19 U.S.C. 2155) of his decision to submit a
                        report to Congress under paragraph (2). The Advisory
                        Committee shall submit to the Congress as soon as
                        practicable, but no later than March 1, 1991, a
                        written report that contains--

                                    (A) its views regarding the progress
                                that has been made in multilateral and
                                bilateral negotiations to achieve the
                                purposes, policies, and objectives of this
                                title; and

                                    (B) a statement of its views, and the
                                reasons therefor, regarding whether the
                                extension requested under paragraph (2)
                                should be approved or disapproved.

                            (4) The reports submitted to Congress under
                        paragraphs (2) and (3), or any portion of the
                        reports, may be classified to the extent the
                        President determines appropriate.
                            (5)(A) For purposes of this subsection, the term
                        ``extension disapproval resolution'' means a
                        resolution of either House of the Congress, the sole
                        matter after the resolving clause of which is as
                        follows: ``That the ------ disapproves the request
                        of the President for the extension, under section
                        1103(b)(1)(B)(i) of the Omnibus Trade and
                        Competitiveness Act of 1988 [19 U.S.C.
                        2903(b)(1)(B)(i)], of the provisions of section 151
                        of the Trade Act of 1974 [19 U.S.C. 2191] to any
                        implementing bill submitted with respect to any
                        trade agreement entered into under section 1102(b)
                        or (c) of such Act [19 U.S.C. 2902(b) or (c)] after
                        May 31 1991, because sufficient tangible progress
                        has not been made in trade negotiations.'', with the
                        blank space being filled with the name of the
                        resolving House of Congress.
                            (B) Extension disapproval resolutions--

                                    (i) may be introduced in either House of
                                the Congress by any member of such House;
                                and

    [[Page 697]]

                                    (ii) shall be jointly referred, in the
                                House of Representatives, to the Committee
                                on Ways and Means and the Committee on
                                Rules.

                            (C) The provisions of section 2192 (d) and (e)
                        of this title (relating to the floor consideration
                        of certain resolutions in the House and Senate)
                        apply to extension disapproval resolutions.
                            (D) It is not in order for--

                                    (i) the Senate to consider any extension
                                disapproval resolution not reported by the
                                Committee on Finance;

                                    (ii) the House of Representatives to
                                consider any extension disapproval
                                resolution not reported by the Committee on
                                Ways and Means and the Committee on Rules;
                                or

                                    (iii) either House of the Congress to
                                consider an extension disapproval resolution
                                that is reported to such House after May 15,
                                1991.

                    (c) Limitations on Use of ``Fast Track'' Procedures.
                            (1)(A) The fast track procedures shall not apply
                        to any implementing bill submitted with respect to a
                        trade agreement entered into under section 2902(b)
                        or (c) of this title if both Houses of the Congress
                        separately agree to procedural disapproval
                        resolutions within any 60-day period.
                            (B) Procedural disapproval resolutions--

                                    (i) in the House of Representatives--

                                            (I) shall be introduced by the
                                        chairman or ranking minority member
                                        of the Committee on Ways and Means
                                        or the chairman or ranking minority
                                        member of the Committee on Rules,

                                            (II) shall be jointly referred
                                        to the Committee on Ways and Means
                                        and the Committee on Rules, and

                                            (III) may not be amended by
                                        either Committee; and

                                    (ii) in the Senate shall be original
                                resolutions of the Committee on Finance.

                            (C) The provisions of section 2192 (d) and (e)
                        of this title (relating to the floor consideration
                        of certain resolutions in the House and Senate)
                        apply to procedural disapproval resolutions.
                            (D) It is not in order for the House of
                        Representatives to consider any procedural
                        disapproval resolution not reported by the Committee
                        on Ways and Means and the Committee on Rules.
                            (E) For purposes of this subsection, the term
                        ``procedural disapproval resolution'' means a
                        resolution of either House of the Congress, the sole
                        matter after the resolving clause of which is as
                        follows: ``That the President has failed or refused
                        to consult with Congress on trade negotiations and
                        trade agreements in accordance with the provisions
                        of the Omnibus Trade and Competitiveness Act of
                        1988, and, therefore, the provisions of section 151
                        of the Trade Act of 1974 [19 U.S.C. 2191] shall not
                        apply to any implementing bill submitted with
                        respect to any trade agreement entered into under
                        section 1102 (b) or (c) of such Act of 1988, [19
                        U.S.C. 2902(b) or (c)] if, during the 60-day period
                        beginning on the date on which this resolution is
                        agreed to by the ------, the ------ agrees to a
                        procedural disapproval resolution (within the
                        meaning of section 1103(c)(1)(E) of such Act of 1988
                        [19 U.S.C. 2903(c)(1)(E)].'', with the first blank
                        space being filled with the name of the resolving

    [[Page 698]]

                        House of the Congress and the second blank space
                        being filled with the name of the other House of the
                        Congress.
                            (2) The fast track procedures shall not apply to
                        any implementing bill that contains a provision
                        approving of any trade agreement which is entered
                        into under section 2902(c) of this title with any
                        foreign country if either--

                                    (A) the requirements of section
                                2902(c)(3) of this title are not met with
                                respect to the negotiation of such
                                agreement; or

                                    (B) the Committee on Finance of the
                                Senate or the Committee on Ways and Means of
                                the House of Representatives disapproves of
                                the negotiation of such agreement before the
                                close of the 60-day period which begins on
                                the date notice is provided under section
                                2902(c)(3)(i) of this title with respect to
                                the negotation of such agreement.

                    (d) Rules of House of Representatives and Senate.
                            Subsections (b) and (c) are enacted by the
                        Congress--
                            (1) as an exercise of the rulemaking power of
                        the House of Representatives and the Senate,
                        respectively, and as such is deemed a part of the
                        rules of each House, respectively, and such
                        procedures supersede other rules only to the extent
                        that they are inconsistent with such other rules;
                        and
                            (2) with the full recognition of the
                        constitutional right of either House to change the
                        rules (so far as relating to the procedures of that
                        House) at any time, in the same manner, and to the
                        same extent as any other rule of the House.
                    (e) Computation of Certain Periods of Time.
                            Each period of time described in subsection
                        (c)(1) (A) and (E) and (2) of this section shall be
                        computed without regard to--
                            (1) the days on which either House of Congress
                        is not in session because of an adjournment of more
                        than 3 days to a day certain or an adjournment of
                        the Congress sine die; and
                            (2) any Saturday and Sunday, not excluded under
                        paragraph (1), when either House of the Congress is
                        not in session.

                (Aug. 23, 1988, Pub. L. 100-418, Sec. 1103, 102 Stat. 1128.)

                                        * * * * * * *

                         Chapter 22.--URUGUAY ROUND TRADE AGREEMENTS

                                        * * * * * * *

        465.13  Sec. 3534. Annual report on the WTO.
                    Not later than March 1 of each year beginning in 1996,
                the Trade Representative shall submit to the Congress a
                report describing, for the preceding fiscal year of the
                WTO--
                            (1) the major activities and work programs of
                        the WTO, including the functions and activities of
                        the committees established under article IV of the
                        WTO Agreement, and the expenditures made by the WTO
                        in connection with those activities and programs;
                            (2) the percentage of budgetary assessments by
                        the WTO that were accounted for by each WTO member
                        county, including the United States;
                            (3) the total number of personnel employed or
                        retained by the Secretariat of the WTO, and the
                        number of professional, administrative, and support
                        staff of the WTO;

    [[Page 699]]

                            (4) for each personnel category described in
                        paragraph (3), the number of citizens of each
                        country, and the average salary of the personnel, in
                        that category;
                            (5) each report issued by a panel or the
                        Appellate Body in a dispute settlement proceeding
                        regarding Federal or State law, and any efforts by
                        the Trade Representative to provide for
                        implementation of the recommendations contained in a
                        report that is adverse to the United States;
                            (6) each proceeding before a panel or the
                        Appellate Body that was initiated during that fiscal
                        year regarding Federal or State law, the status of
                        the proceeding, and the matter at issue;
                            (7) the status of consultations with any State
                        whose law was the subject of a report adverse to the
                        United States that was issued by a panel or the
                        Appellate Body; and
                            (8) any progress achieved in increasing the
                        transparency of proceedings of the Ministerial
                        Conference and the General Council, and of dispute
                        settlement proceedings conducted pursuant to the
                        Dispute Settlement Understanding. (Dec. 8, 1994,
                        Pub.L. 103-465, title I, Sec. 124, 108 Stat. 4832.)
        465.14  Sec. 3535. Review of participation in the WTO.
                (a) Report on the operation of the WTO.
                    The first annual report submitted to the Congress under
                section 3534 of this title--
                            (1) after the end of the 5-year period beginning
                        on the date on which the WTO Agreement enters into
                        force with respect to the United States, and
                            (2) after the end of every 5-year period
                        thereafter,

                shall include an analysis of the effects of the WTO
                Agreement on the interests of the United States, the costs
                and benefits to the United States of its participation in
                the WTO, and the value of the continued participation of the
                United States in the WTO.

                (b) Congressional disapproval of U.S. participation in the
                    WTO.

                        (1) General rule.

                            The approval of the Congress, provided under
                        section 3511(a) of this title, of the WTO Agreement
                        shall cease to be effective if, and only if, a joint
                        resolution described in subsection (c) of this
                        section is enacted into law pursuant to the
                        provisions of paragraph (2).

                        (2) Procedural provisions.

                                    (A) The requirements of this paragraph
                                are met if the joint resolution is enacted
                                under subsection (c) of this section, and--

                                            (i) the Congress adopts and
                                        transmits the joint resolution to
                                        the President before the end of the
                                        90-day period (excluding any day
                                        described in section 2194(b) of this
                                        title), beginning on the date on
                                        which the Congress receives a report
                                        referred to in subsection (a) of
                                        this section, and

                                            (ii) if the President vetoes the
                                        joint resolution, each House of
                                        Congress votes to override that veto
                                        on or before the later of the last
                                        day of the 90-day period referred to
                                        in clause (i) or the last day of the
                                        15-day period (excluding

    [[Page 700]]

                                        any day described in section 2194(b)
                                        of this title) beginning on the date
                                        on which the Congress receives the
                                        veto message from the President.

                                    (B) A joint resolution to which this
                                section applies may be introduced at any
                                time on or after the date on which the
                                President transmits to the Congress a report
                                described in subsection (a) of this section,
                                and before the end of the 90-day period
                                referred to in subparagraph (A).

                (c) Joint resolutions.
                        (1) Joint resolutions.
                            For purposes of this section, the term ``joint
                        resolution'' means only a joint resolution of the 2
                        House of Congress, the matter after the resolving
                        clause of which is as follows: ``That the Congress
                        withdraws its approval, provided under section
                        101(a) of the Uruguay Round Agreements Act, of the
                        WTO Agreement as defined in section 2(9) of that
                        Act.''.
                        (2) Procedures.

                                    (A) Joint resolutions may be introduced
                                in either House of the Congress by any
                                member of such House.

                                    (B) Subject to the provisions of this
                                subsection, the provisions of subsections
                                (b), (d), (e), and (f) of section 2192 of
                                this title apply to joint resolutions to the
                                same extent as such provisions apply to
                                resolutions under such section.

                                    (C) If the committee of either House to
                                which a joint resolution has been referred
                                has not reported it by the close of the 45th
                                day after its introduction (excluding any
                                day described in section 2194(b) of this
                                title), such committee shall be
                                automatically discharged from further
                                consideration of the joint resolution and it
                                shall be placed on the appropriate calendar.

                                    (D) It is not in order for--

                                            (i) the Senate to consider any
                                        joint resolution unless it has been
                                        reported by the Committee on Finance
                                        or the committee has been discharged
                                        under subparagraph (C); or

                                            (ii) the House of
                                        Representatives to consider any
                                        joint resolution unless it has been
                                        reported by the Committee on Ways
                                        and Means or the committee has been
                                        discharged under subparagraph (C).

                                    (E) A motion in the House of
                                Representatives to proceed to the
                                consideration of a joint resolution may only
                                be made on the second legislative day after
                                the calendar day on which the Member making
                                the motion announces to the House his or her
                                intention to do so.

                        (3) Consideration of second resolution not in order.
                            It shall not be in order in either the House of
                        Representatives or the Senate to consider a joint
                        resolution (other than a joint resolution received
                        from the other House), if that House has previously
                        adopted a joint resolution under this section.
                (d) Rules of House of Representatives and Senate.
                            This section is enacted by the Congress--

    [[Page 701]]

                                    (1) as an exercise of the rulemaking
                                power of the House of Representatives and
                                the Senate, respectively, and as such is
                                deemed a part of the rules of each House,
                                respectively, and such procedures supersede
                                other rules only to the extent that they are
                                inconsistent with such other rules; and

                                    (2) with the full recognition of the
                                constitutional right of either House to
                                change the rules (so far as relating to the
                                procedures of that House) at any time, in
                                the same manner, and to the same extent as
                                any other rules of that House.

                    (Dec. 8, 1994, Pub. L. 103-465, title I, Sec. 125, 108
                Stat. 4833.)

                                        * * * * * * *

    [[Page 702]]

                                    TITLE 20.--EDUCATION

                             Chapter 3.--SMITHSONIAN INSTITUTION

           470  Sec. 42. Board of Regents; members.
                    The business of the institution shall be conducted at
                the city of Washington by a Board of Regents, named the
                Regents of the Smithsonian Institution, to be composed of
                the Vice President, the Chief Justice of the United States,
                three Members of the Senate, three Members of the House of
                Representatives, and nine other persons, other than Members
                of Congress, two of whom shall be resident in the city of
                Washington, and seven of whom shall be inhabitants of some
                State, but no two of them of the same State. (R.S.
                Sec. 5580, Mar. 12, 1894, ch. 36, 28 Stat. 41; Dec. 15,
                1970, Pub. L. 91-551, 84 Stat. 1439.)
           471  Sec. 43. Appointment of regents; terms of office; vacancies.
                    The regents to be selected shall be appointed as
                follows: The Members of the Senate by the President thereof;
                the Members of the House by the Speaker thereof; and the
                nine other persons by joint resolution of the Congress. The
                Members of the House so appointed shall serve for the term
                of two years; and on every alternate fourth Wednesday of
                December a like number shall be appointed in the same
                manner, to serve until the fourth Wednesday in December, in
                the second year succeeding their appointment. The Senators
                so appointed shall serve during the term for which they
                shall hold, without reelection, their office as Senators.
                Vacancies, occasioned by death, resignation, or otherwise,
                shall be filled as vacancies in committees are filled. The
                regular term of service for the other nine members shall be
                six years; and new elections thereof shall be made by joint
                resolutions of Congress. Vacancies occasioned by death,
                resignation, or otherwise may be filled in like manner by
                joint resolution of Congress. (R.S. Sec. 5581; Dec. 15,
                1970, Pub. L. 91-551, 84 Stat. 1440.)

    [[Page 703]]

                        TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE

                     Chapter 7.--INTERNATIONAL BUREAUS, CONGRESSES, ETC.

                                        * * * * * * *

         471.5  Sec. 276. Bureau of Interparliamentary Union; American
                    group; appropriation; disbursements.
                    That there is authorized to be appropriated for fiscal
                year 1976 and for each subsequent fiscal year--
                            (1) for the annual contribution of the United
                        States toward the maintenance of the Bureau of the
                        Interparliamentary Union for the promotion of
                        international arbitration, an amount equal to 13.61
                        per centum of the budget of the Interparliamentary
                        Union for the year with respect to which such
                        contribution is to be made if the American group of
                        the Interparliamentary Union has approved such
                        budget; and
                            (2) to assist in meeting the expenses of the
                        American group for such fiscal year, $90,000, or so
                        much thereof as may be necessary.

                Funds made available under paragraph (2) shall be disbursed
                on vouchers to be approved by the Chairman of the House
                delegation in the case of delegates from the House of
                Representatives or the Chairman of the Senate delegation in
                the case of delegates from the Senate, except that either
                such Chairman may authorize the executive secretary of the
                American group to approve such vouchers on his behalf. (June
                28, 1935, c. 322, Sec. 1, 49 Stat. 425; Feb. 6, 1948, c. 48,
                62 Stat. 19; June 30, 1958, Pub. L. 85-477, ch. V,
                Sec. 502(b), 72 Stat. 272; Sept. 4, 1961, Pub. L. 87-195,
                Pt. IV, Sec. 710(a), 75 Stat. 465; Aug. 1, 1962, Pub. L. 87-
                565, Pt. IV, Sec. 404, 76 Stat. 263; Oct. 7, 1964, Pub. L.
                88-633, Pt. IV, Sec. 401, 78 Stat. 1014; Nov. 14, 1967, Pub.
                L. 90-137, Pt. IV, Sec. 402, 81 Stat. 463; Feb. 7, 1972,
                Pub. L. 92-226, Pt. IV, Sec. 404, 86 Stat. 34; Oct. 18,
                1973, Pub. L. 93-126, Sec. 3, 87 Stat. 451; Nov. 29, 1975,
                Pub. L. 94-141, Title II, Sec. 204(a), 89 Stat. 762; June
                15, 1977, Pub. L. 95-45, Sec. 4(d)(1), 91 Stat. 223; Oct. 7,
                1978, Pub. L. 95-426, Title VII, Sec. 710, 92 Stat. 994.)

         471.6  Sec. 276a-2. Conference of the Interparliamentary Union and
                    all other parliamentary conferences; appointment of
                    delegates from Senate; Chairman; Vice Chairman.
                    Senate delegates to each conference of the
                Interparliamentary Union, and to all other parliamentary
                conferences, shall be designated by the President of the
                Senate upon recommendations of the majority and minority
                leaders of the Senate. Unless the President of the Senate,
                upon the recommendation of the majority leader, determines
                otherwise, the Chairman or Vice Chairman of the Senate
                delegation shall be a Member from the Foreign Relations
                Committee. Not fewer than two Senators designated to be in
                the Senate delegation to each conference of the
                Interparliamentary Union shall be members of the Committee
                on For-

    [[Page 704]]

                eign Relations. (June 28, 1935, c. 322, Sec. 4, as added
                June 15, 1977, Pub. L. 95-45, Sec. 4(d)(3), 91 Stat. 223.)
         471.7  Sec. 276a-3. Executive secretary of American group of
                    Interparliamentary Union.
                    After December 31, 1977, the executive secretary of the
                American group of the Interparliamentary Union shall be an
                officer or employee of the Senate or the House of
                Representatives and shall be appointed--
                            (1) by the Chairman of the Senate delegation
                        upon recommendations of the majority and minority
                        leaders of the Senate for service during odd-
                        numbered Congresses; and
                            (2) by the Chairman of the House delegation for
                        service during even-numbered Congresses.

                (June 28, 1935, c. 322, Sec. 5, as added June 15, 1977, Pub.
                L. 95-45, Sec. 4(d)(3), 91 Stat. 223.)

         471.8  Sec. 276a-4. Auditing of accounts of House and Senate
                    delegations to Interparliamentary Union; finality and
                    conclusiveness of certificate of Chairman.
                    The certificate of the Chairman of the respective
                delegation to the Interparliamentary Union (or the
                certificate of the executive secretary of the American group
                if the Chairman delegates such authority to him) shall be
                final and conclusive upon the accounting officers in the
                auditing of all accounts of the House and Senate delegations
                to the Interparliamentary Union. (June 28, 1935, c. 322,
                Sec. 6, as added June 15, 1977, Pub. L. 95-45, Sec. 4(d)(3),
                91 Stat. 223.)
         471.9  Sec. 276c-1. Reports of expenditures by members of American
                    groups or delegations and employees; consolidated
                    reports by Congressional Committees; public inspection.
                    Each chairman or senior member of the House of
                Representatives and Senate group or delegation of the United
                States group or delegation to the Interparliamentary Union,
                the North Atlantic Assembly, the Canada-United States
                Interparliamentary Group, the Mexico-United States
                Interparliamentary Group, or any similar interparliamentary
                group of which the United States is a member or
                participates, by whom or on whose behalf local currencies
                owned by the United States are made available and expended
                and/or expenditures are made from funds appropriated for the
                expenses of such group or delegation, shall file with the
                chairman of the Committee on Foreign Relations of the Senate
                in the case of the group or delegation of the Senate, or
                with the chairman of the Committee on Foreign Affairs of the
                House of Representatives in the case of the group or
                delegation of the House, an itemized report showing all such
                expenditures made by or on behalf of each Member or employee
                of the group or delegation together with the purposes of the
                expenditure, including per diem (lodging and meals),
                transportation, and other purposes. Within sixty days after
                the beginning of each regular session of Congress, the
                chairman of the Committee on Foreign Relations and the
                chairman of the Committee on Foreign Affairs shall prepare
                consolidated reports showing with respect to each such group
                or delegation the total amount expended, the purposes of the
                expenditures, the amount expended for each such purpose, the
                names of the Members or employees by or on behalf of whom
                the expenditures were made and the amount expended by or on
                behalf of each Member or employee

    [[Page 705]]

                for each such purpose. The consolidated reports prepared by
                the chairman of the Committee on Foreign Relations of the
                Senate shall be filed with the Secretary of the Senate, and
                the consolidated reports prepared by the chairman of the
                Committee on Foreign Affairs of the House shall be filed
                with the Committee on House Administration of the House and
                shall be open to public inspection. (July 12, 1960, Pub. L.
                86-628, Sec. 105(b), 74 Stat. 460; Pub. L. 90-137, Pt. IV,
                Sec. 401(b), Nov. 14, 1967, 81 Stat. 463; Pub. L. 94-59,
                Title XI, Sec. 1104, July 25, 1975, 89 Stat. 299; H. Res.
                89, February 5, 1979.)

                        canada-united states interparliamentary group
        471.10  Sec. 276d. United States group; appointment; term; meetings.
                    Not to exceed twenty-four Members of Congress shall be
                appointed to meet jointly and at least annually and when
                Congress is not in session (except that this restriction
                shall not apply during the first session of the Eighty-sixth
                Congress or to meetings held in the United States) with
                representatives of the House of Commons and Senate of the
                Canadian Parliament for discussion of common problems in the
                interests of relations between the United States and Canada.
                Of the Members of the Congress to be appointed for the
                purposes of this section (hereinafter designated as the
                United States group) half shall be appointed by the Speaker
                of the House from Members of the House (not less than four
                of whom shall be from the Foreign Affairs Committee), and
                half shall be appointed by the President of the Senate upon
                recommendations of the majority and minority leaders of the
                Senate from Members of the Senate (not less than four of
                whom shall be from the Foreign Relations Committee).
                    Such appointments shall be for the period of each
                meeting of the Canada-United States Interparliamentary group
                except for the four members of the Foreign Affairs Committee
                and the four members of the Foreign Relations Committee,
                whose appointments shall be for the duration of each
                Congress.
                    The Chairman or Vice Chairman of the House delegation
                shall be a Member from the Foreign Affairs Committee, and,
                unless the President of the Senate, upon the recommendation
                of the Majority Leader, determines otherwise, the Chairman
                or Vice Chairman of the Senate delegation shall be a Member
                from the Foreign Relations Committee. (Pub. L. 86-42,
                Sec. 1, June 11, 1959, 73 Stat. 72; Pub. L. 95-45,
                Sec. 4(a), June 15, 1977, 91 Stat. 222; H. Res. 89, February
                5, 1979.)

       471.10a  Sec. 276e. Authorization of appropriations; disbursements.
                    An appropriation of $70,000 annually is authorized,
                $35,000 of which shall be for the House delegation and
                $35,000 for the Senate delegation, or so much thereof as may
                be necessary, to assist in meeting the expenses of the
                United States group of the Canada-United States
                Interparliamentary group for each fiscal year for which an
                appropriation is made, the House and Senate portions of such
                appropriation to be disbursed on vouchers to be approved by
                the Chairman of the House delegation and the Chairman of the
                Senate delegation, respectively. (Pub. L. 86-42, Sec. 2,
                June 11, 1959, 73 Stat. 72; Pub. L. 94-350, Title I,
                Sec. 118(a), July 12, 1976, 90 Stat. 827; Pub. L. 103-236,
                Title V, Sec. 502(a)(2), Apr. 30, 1994, 108 Stat. 462.)

    [[Page 706]]

                        mexico-united states interparliamentary group
        471.11  Sec. 276h. United States group; appointment; term; meetings.
                    Not to exceed twenty-four Members of Congress shall be
                appointed to meet jointly and at least annually with
                representatives of the Chamber of Deputies and Chamber of
                Senators of the Mexican Congress for discussion of common
                problems in the interests of relations between the United
                States and Mexico. Of the Members of the Congress to be
                appointed for the purposes of this section (hereinafter
                designated as the United States group) half shall be
                appointed by the Speaker of the House from Members of the
                House (not less than four of whom shall be from the Foreign
                Affairs Committee), and half shall be appointed by the
                President of the Senate upon recommendations of the majority
                and minority leaders of the Senate from Members of the
                Senate (not less than four of whom shall be from the Foreign
                Relations Committee). Such appointments shall be for the
                period of each meeting of the Mexico-United States
                Interparliamentary group except for the four members of the
                Foreign Affairs Committee, and the four members of the
                Foreign Relations Committee, whose appointments shall be for
                the duration of each Congress.
                    The Chairman or Vice Chairman of the House delegation
                shall be a Member from the Foreign Affairs Committee, and,
                unless the President of the Senate, upon the recommendation
                of the Majority Leader, determines otherwise, the Chairman
                or Vice Chairman of the Senate delegation shall be a Member
                from the Foreign Relations Committee. (Pub. L. 86-420,
                Sec. 1, Apr. 9, 1960, 74 Stat. 40; Pub. L. 95-45, Sec. 4(b),
                June 15, 1977, 91 Stat. 222; H. Res. 89, February 5, 1979.)

       471.11a  Sec. 276i. Authorization of appropriations; disbursements.
                    An appropriation of $80,000 annually is authorized,
                $40,000 of which shall be for the House delegation and
                $40,000 for the Senate delegation, or so much thereof as may
                be necessary, to assist in meeting the expenses of the
                United States group of the Mexico-United States
                Interparliamentary group for each fiscal year for which an
                appropriation is made, the House and Senate portions of such
                appropriation to be disbursed on vouchers to be approved by
                the Chairman of the House delegation and the Chairman of the
                Senate delegation, respectively. (As amended Pub. L. 101-
                515, Title III, Sec. 304(c), Nov. 5, 1990, 104 Stat. 2129;
                Pub. L. 103-236, Title V, Sec. 502(a)(1), Apr. 30, 1994, 108
                Stat. 461.)
        471.11  Sec. 276l. British-American Interparliamentary Group.
                (a) Establishment and meetings.
                    Not to exceed 24 Members of Congress shall be appointed
                to meet annually and when the Congress is not in session
                (except that this restriction shall not apply to meetings
                held in the United States), with representatives of the
                House of Commons and the House of Lords of the Parliament of
                Great Britain for discussion of common problems in the
                interest of relations between the United States and Great
                Britain. The Members of Congress so appointed shall be
                referred to as the ``United States group'' of the United
                States Interparliamentary Group.
                (b) Appointment of members.
                    Of the Members of Congress appointed for purposes of
                this section--

    [[Page 707]]

                            (1) half shall be appointed by the Speaker of
                        the House of Representatives from among Members of
                        the House (not less than 4 of whom shall be members
                        of the Committee on Foreign Affairs), and
                            (2) half shall be appointed by the President Pro
                        Tempore of the Senate, upon recommendations of the
                        majority and minority leaders of the Senate, from
                        among Members of the Senate (not less than 4 of whom
                        shall be members of the Committee on Foreign
                        Relations) unless the majority and minority leaders
                        of the Senate determine otherwise.
                (c) Chair and Vice Chair.
                    (1) The Chair or Vice Chair of the House delegation of
                the United States group shall be a member from the Committee
                on Foreign Affairs.
                    (2) The President Pro Tempore of the Senate shall
                designate the Chair or Vice Chair of the Senate delegation.
                (d) Funding.
                    There is authorized to be appropriated $50,000 for each
                fiscal year to assist in meeting the expenses of the United
                States group for each fiscal year for which an appropriation
                is made, half of which shall be for the House delegation and
                half of which shall be for the Senate delegation. The House
                and Senate portions of such appropriations shall be
                disbursed on vouchers to be approved by the Chair of the
                House delegation and the Chair of the Senate delegation,
                respectively.
                (e) Certification of expenditures.
                    The certificate of the Chair of the House delegation or
                the Senate delegation of the United States group shall be
                final and conclusive upon the accounting officers in the
                auditing of the accounts of the United States group.
                (f) Annual report.
                    The United States group shall submit to the Congress a
                report for each fiscal year for which an appropriation is
                made for the United States group, which shall include its
                expenditures under such appropriation.
                (g) [Omitted] (Pub. L. 102-138, Title I, Sec. 168, Oct. 28,
                    1991, 105 Stat. 676.)
        471.13  Sec. 276m. United States Delegation to the Parliamentary
                    Assembly of the Conference on Security and Cooperation
                    in Europe (CSCE).
                (a) Establishment.
                    In accordance with the allocation of seats to the United
                States in the Parliamentary Assembly of the Conference on
                Security and Cooperation in Europe (hereinafter referred to
                as the ``CSCE Assembly'') not to exceed 17 Members of
                Congress shall be appointed to meet jointly and annually
                with representative parliamentary groups from other
                Conference on Security and Cooperation in Europe (CSCE)
                member-nations for the purposes of--
                            (1) assessing the implementation of the
                        objectives of the CSCE;

    [[Page 708]]

                            (2) discussing subjects addressed during the
                        meetings of the Council of Ministers for Foreign
                        Affairs and the biennial Summit of Heads of State or
                        Government;
                            (3) initiating and promoting such national and
                        multilateral measures as may further cooperation and
                        security in Europe.
                (b) Appointment of Delegation.
                    For each meeting of the CSCE Assembly, there shall be
                appointed a United States Delegation, as follows:
                            (1) In 1992 and every even-numbered year
                        thereafter, 9 Members shall be appointed by the
                        Speaker of the House from Members of the House (not
                        less than 4 of whom, including the Chairman of the
                        United States Delegation, shall be from the
                        Committee on Foreign Affairs); and 8 Members shall,
                        upon recommendations of the Majority and Minority
                        leaders of the Senate, be appointed by the President
                        Pro Tempore of the Senate from Members of the Senate
                        (not less than 4 of whom, including the Vice
                        Chairman of the United States Delegation, shall be
                        from the Committee on Foreign Relations, unless the
                        President Pro Tempore of the Senate, upon
                        recommendations of the Majority and Minority leaders
                        of the Senate, determines otherwise).
                            (2) In every odd-numbered year beginning in
                        1993, 9 Members shall, upon recommendation of the
                        Majority and Minority Leaders of the Senate, be
                        appointed by the President Pro Tempore of the Senate
                        from Members of the Senate (not less than 4 of whom,
                        including the Chairman of the United States
                        Delegation, shall be from the Committee on Foreign
                        Relations, unless the President Pro Tempore of the
                        Senate, upon recommendations of the Majority and
                        Minority leaders of the Senate, determines
                        otherwise); and 8 Members shall be appointed by the
                        Speaker of the House from Members of the House (not
                        less than 4 of whom, including the Vice Chairman,
                        shall be from the Committee on Foreign Affairs).
                (c) Administrative support.
                    For the purpose of providing general staff support and
                continuity between successive delegations, each United
                States Delegation shall have 2 secretaries (one of whom
                shall be appointed by the Chairman of the Committee on
                Foreign Affairs of the House of Representatives and one of
                whom shall be appointed by the Chairman of the Delegation of
                the Senate).

                (d) Funding.

                        (1) United States participation.

                            There is authorized to be appropriated for each
                        fiscal year $80,000 to assist in meeting the
                        expenses of the United States delegation. For each
                        fiscal year for which an appropriation is made under
                        this subsection, half of such appropriation may be
                        disbursed on voucher to be approved by the Chairman
                        and half of such appropriation may be disbursed on
                        voucher to be approved by the Vice Chairman.
                        (2) Availability of appropriations.
                            Amounts appropriated pursuant to this subsection
                        are authorized to be available until expended.

    [[Page 709]]

                (e) Annual report.
                    The United States Delegation shall, for each fiscal year
                for which an appropriation is made, submit to the Congress a
                report including its expenditures under such appropriation.
                The certificate of the Chairman and Vice Chairman of the
                United States Delegation shall be final and conclusive upon
                the accounting officers in the auditing of the accounts of
                the United States Delegation. Pub. L. 102-138, Title I,
                Sec. 169, Oct. 28, 1991, 105 Stat. 677.)

                                           Note

                    There are authorized to be appropriated for each fiscal
                year $50,000 for expenses of United States participation in
                the United States-European Community Interparliamentary
                Group. (November 22, 1983, Public Law 98-164, Sec. 109(c),
                as amended September 19, 1986, Public Law 99-415, Sec. 7(b),
                and October 1, 1988, Public Law 100-459, Sec. 303(c)).

                            Chapter 24.--MUTUAL SECURITY PROGRAM

           472  Sec. 1754. Foreign currencies.

                                        * * * * * * *

                (b) Availability to Members and employees of Congress;
                    authorization requirements; reports.
                    (1)(A) Notwithstanding section 1306 of Title 31, or any
                other provision of law--
                            (i) local currencies owned by the United States,
                        which are in excess of the amounts reserved under
                        section 2362(a) of this title, and of the
                        requirements of the United States Government in
                        payment of its obligations outside the United
                        States, as such requirements may be determined from
                        time to time by the President; and
                            (ii) any other local currencies owned by the
                        United States in amounts not to exceed the
                        equivalent of $75 per day per person or the maximum
                        per diem allowance established under the authority
                        of subchapter I of chapter 57 of Title 5 for
                        employees of the United States Government while
                        traveling in a foreign country, whichever is
                        greater, exclusive of the actual cost of
                        transportation;

                shall be made available to Members and employees of the
                Congress for their local currency expenses when authorized
                as provided in subparagraph (B).

                    (B) The authorization required for purposes of
                subparagraph (A) may be provided--
                            (i) by the Speaker of the House of
                        Representatives in the case of a Member or employee
                        of the House;
                            (ii) by the chairman of a standing or select
                        committee of the House of Representatives in the
                        case of a member or employee of that committee;
                            (iii) by the President of the Senate, the
                        President pro tempore of the Senate, the Majority
                        Leader of the Senate, or the Minority Leader of the
                        Senate, in the case of a Member or employee of the
                        Senate;
                            (iv) by the chairman of a standing, select, or
                        special committee of the Senate in the case of a
                        member or employee of that committee or of an
                        employee of a member of that committee; and

    [[Page 710]]

                            (v) by the chairman of a joint committee of the
                        Congress in the case of a member or employee of that
                        committee..
                    (C) Whenever local currencies owned by the United States
                are not otherwise available for purposes of this subsection,
                the Secretary of the Treasury shall purchase such local
                currencies as may be necessary for such purposes, using any
                funds in the Treasury not otherwise appropriated.
                    (2) On a quarterly basis, the chairman of each committee
                of the House of Representatives or the Senate and of each
                joint committee of the Congress (A) shall prepare a
                consolidated report (i) which itemizes the amounts and
                dollar equivalent values of each foreign currency expended
                and the amounts of dollar expenditures from appropriated
                funds in connection with travel outside the United States,
                stating the purposes of the expenditures including per diem
                (lodging and meals), transportation, and other purposes, and
                (ii) which shows the total itemized expenditures, by such
                committee and by each member or employee of such committee
                (including in the case of a committee of the Senate, each
                employee of a member of the committee who received an
                authorization under paragraph (1) from the chairman of the
                committee); and (B) shall forward such consolidated report
                to the Clerk of the House of Representatives (if the
                committee is a committee of the House of Representatives or
                a joint committee whose funds are disbursed by the Clerk of
                the House) or to the Secretary of the Senate (if the
                committee is a committee of the Senate or a joint committee
                whose funds are disbursed by the Secretary of the Senate).
                Each such consolidated report shall be open to public
                inspection and shall be published in the Congressional
                Record within ten legislative days after the report is
                forwarded pursuant to this paragraph. In the case of the
                Select Committee on Intelligence of the Senate and the
                Permanent Select Committee on Intelligence of the House of
                Representatives, such consolidated report may, in the
                discretion of the chairman of the committee, omit such
                information as would identify the foreign countries in which
                members and employees of that committee traveled.
                    (3)(A) Each Member or employee who receives an
                authorization under paragraph (1) from the Speaker of the
                House of Representatives, the President of the Senate, the
                President pro tempore of the Senate, the Majority Leader of
                the Senate, or the Minority Leader of the Senate, shall
                within thirty days after the completion of the travel
                involved, submit a report setting forth the information
                specified in paragraph (2), to the extent applicable, to the
                Clerk of the House of Representatives (in the case of a
                Member of the House or an employee whose salary is disbursed
                by the Clerk of the House) or the Secretary of the Senate
                (in the case of a Member of the Senate or an employee whose
                salary is disbursed by the Secretary of the Senate). In the
                case of an authorization for a group of Members or
                employees, such reports shall be submitted for all Members
                of the group by its chairman, or if there is no designated
                chairman, by the ranking Member or if the group does not
                include a Member, by the senior employee in the group. Each
                report submitted pursuant to this subparagraph shall be open
                to public inspection.
                    (B) On a quarterly basis, the Clerk of the House of
                Representatives and the Secretary of the Senate shall each
                prepare a consolidation of the reports received by them
                under this paragraph with respect to ex-

    [[Page 711]]

                penditures during the preceding quarter by each Member and
                employee or by each group in the case of expenditures made
                on behalf of a group which are not allocable to individual
                members of the group. Each such consolidation shall be open
                to public inspection and shall be published in the
                Congressional Record within ten legislative days after its
                completion. (Aug. 26, 1954, ch. 937, title V, Sec. 502, 68
                Stat. 849, amended Sept. 3, 1954, ch. 1262, Sec. 104, 68
                Stat. 1223; July 8, 1955, ch. 301, Sec. 9(a), 69 Stat. 288;
                July 18, 1956, ch. 627, Sec. 9(b), 70 Stat. 560; June 30,
                1958, Sec. 401(a), 72 Stat. 268; August 27, 1958, Pub. L.
                85-766, c. X, Sec. 1001, 72 Stat. 880; May 14, 1960, Pub. L.
                86-472, Sec. 401(a), 74 Stat. 138; July 12, 1960, Pub. L.
                86-628, Sec. 105(a), 74 Stat. 460; Sept. 4, 1961, Pub. L.
                87-195, Pt. III, Sec. 642(a)(2), 75 Stat. 460; Oct. 7, 1964,
                Pub. L. 88-633, 78 Stat. 1015; Oct. 18, 1973, Pub. L. 93-
                126, Sec. 5, 87 Stat. 452; Aug. 13, 1974, Pub. L. 93-371,
                Sec. 107, 88 Stat. 444; July 25, 1975, Pub. L. 94-59, Title
                XI, Sec. 1105, 89 Stat. 299; Dec. 18, 1975, Pub. L. 94-157,
                Title I, ch. IV, 89 Stat. 837; July 12, 1976, Pub. L. 94-
                350, Title IV, Sec. 402, 90 Stat. 833; Oct. 1, 1976, Pub. L.
                94-440, Title I, Sec. 109, 90 Stat. 1445; Sept. 26, 1978,
                Pub. L. 95-384, Sec. 22(a), 92 Stat. 742.)
         472.5  Sec. 1928a. North Atlantic Treaty Parliamentary Conference;
                    participation; appointment of United States Group.
                    Not to exceed twenty-four Members of Congress shall be
                appointed to meet jointly and annually with representative
                parliamentary groups from other NATO (North Atlantic Treaty
                Organization) members, for discussion of common problems in
                the interests of the maintenance of peace and security in
                the North Atlantic area. Of the Members of the Congress to
                be appointed for the purposes of this resolution
                (hereinafter designated as the ``United States Group''),
                half shall be appointed by the Speaker of the House from
                Members of the House (not less than four of whom shall be
                from the Committee on Foreign Affairs), and half shall be
                appointed by the President of the Senate upon
                recommendations of the majority and minority leaders of the
                Senate from Members of the Senate. Not more than seven of
                the appointees from the Senate shall be of the same
                political party. The Chairman or Vice Chairman of the House
                delegation shall be a Member from the Foreign Affairs
                Committee, and, unless the President of the Senate, upon the
                recommendation of the Majority Leader, determines otherwise,
                the Chairman or Vice Chairman of the Senate delegation shall
                be a Member from the Foreign Relations Committee. Each
                delegation shall have a secretary. The secretaries of the
                Senate and House delegations shall be appointed,
                respectively, by the chairman of the Committee on Foreign
                Relations of the Senate and the chairman of the Committee on
                Foreign Affairs of the House of Representatives. (July 11,
                1956, c. 562, Sec. 1, 70 Stat. 523; Dec. 16, 1963, Pub. L.
                88-205, Pt. IV, Sec. 406, 77 Stat. 392; Pub. L. 95-45
                Sec. 4(c), June 15, 1977, 91 Stat. 222; H. Res. 89, February
                5, 1979; December 22, 1987, Pub. L. 100-204, Title VII,
                Sec. 744(a), 101 Stat. 1396.)
         472.6  Sec. 1928b. Authorization of appropriations.
                    There is authorized to be appropriated annually, (1),
                for the annual contribution of the United States toward the
                maintenance of the North Atlantic Assembly, such sum as may
                be agreed upon by the United States Group and approved by
                such Assembly, but in no event to exceed

    [[Page 712]]

                for any year an amount equal to 25 per centum of the total
                annual contributions made for that year by all members of
                the North Atlantic Treaty Organization toward the
                maintenance of such Assembly, and (2) $100,000, $50,000 for
                the House delegation and $50,000 for the Senate delegation,
                or so much thereof as may be necessary, to assist in meeting
                the expenses of the United States Group of the North
                Atlantic Assembly for each fiscal year for which an
                appropriation is made, such appropriation to be dispersed on
                voucher to be approved by the Chairman of the House
                delegation and the Chairman of the Senate delegation. (July
                11, 1956, c. 562, Sec. 2, 70 Stat. 523; June 30, 1958, Pub.
                L. 85-477, ch. V, Sec. 502(d), 72 Stat. 273; Nov. 14, 1967,
                Pub. L. 90-137, Pt. IV, Sec. 401(a), 81 Stat. 463; Feb. 7,
                1972, Pub. L. 92-226, Pt. IV, Sec. 405, 86 Stat. 34; Dec.
                22, 1987, Pub. L. 100-202, Sec. 101(a) [Title III,
                Sec. 303], 101 Stat. 1329, 1329-23; Dec. 22, 1987, Pub. L.
                100-204, Title VII, Sec. 744(b), 101 Stat. 1396.)

    [[Page 713]]

                              TITLE 26.--INTERNAL REVENUE CODE

                                  SUBTITLE A.--INCOME TAXES

                            Chapter 1.--NORMAL TAXES AND SURTAXES

                                        * * * * * * *

                        Subchapter B.--Computation of Taxable Income

                                        * * * * * * *

                    Part II.--ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME

                                        * * * * * * *

           473  Sec. 84. Transfer of appreciated property to political
                    organization.
         473.1  (a) General rule.
                    If--
                            (1) any person transfers property to a political
                        organization, and
                            (2) the fair market value of such property
                        exceeds its adjusted basis,

                then for purposes of this chapter the transferor shall be
                treated as having sold such property to the political
                organization on the date of the transfer, and the transferor
                shall be treated as having realized an amount equal to the
                fair market value of such property on such date.

         473.2  (b) Basis of property.
                    In the case of a transfer of property to a political
                organization to which subsection (a) applies, the basis of
                such property in the hands of the political organization
                shall be the same as it would be in the hands of the
                transferor, increased by the amount of gain recognized to
                the transferor by reason of such transfer.
         473.3  (c) Political organization defined.
                    For purposes of this section, the term ``political
                organization'' has the meaning given to such term by section
                527(e)(1). (Jan. 3, 1975, Pub. L. 93-625, Sec. 13(a), 88
                Stat. 2120.)

                                        * * * * * * *

                     Part VI.--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND
                                        CORPORATIONS

                                        * * * * * * *

           474  Sec. 162. Trade or business expenses.
         474.1  (a) In general.
                    There shall be allowed as a deduction all the ordinary
                and necessary expenses paid or incurred during the taxable
                year in carrying on any trade or business, including--

    [[Page 714]]

                    (1) a reasonable allowance for salaries or other
                compensation for personal services actually rendered;
                    (2) traveling expenses (including amounts expended for
                meals and lodging other than amounts which are lavish or
                extravagant under the circumstances) while away from home in
                the pursuit of a trade or business; and
                    (3) rentals or other payments required to be made as a
                condition to the continued use or possession, for purposes
                of the trade or business, of property to which the taxpayer
                has not taken or is not taking title or in which he has no
                equity.

                For purposes of the preceding sentence, the place of
                residence of a Member of Congress (including any Delegate
                and Resident Commissioner) within the State, congressional
                district, or possession which he represents in Congress
                shall be considered his home, but amounts expended by such
                Members within each taxable year for living expenses shall
                not be deductible for income tax purposes in excess of
                $3,000. For purposes of paragraph (2), the taxpayer shall
                not be treated as being temporarily away from home during
                any period of employment if such period exceeds 1 year.
                (Aug. 16, 1954, ch. 736, 68A Stat. 45; Oct. 16, 1962, Pub.
                L. 87-834, Sec. 4(b), 76 Stat. 960, 976; Oct. 4, 1976, Pub.
                L. 94-455, Sec. 1901(c) (4), 90 Stat. 1803; Oct. 1, 1981,
                Pub. L. 97-51, Sec. 139(b)(1), 95 Stat. 967; July 18, 1982,
                Pub. L. 97-216, Sec. 215(a), 96 Stat. 194; Oct. 24, 1992,
                Pub. L. 102-486, Sec. 1938(a), 106 Stat. 3033.)

                                        * * * * * * *

                             Subchapter F.--Exempt Organizations

                                        * * * * * * *

                              Part VI.--POLITICAL ORGANIZATIONS

         474.5  Sec. 527. Political organizations.
         474.6  (a) General rule.
                    A political organization shall be subject to taxation
                under this subtitle only to the extent provided in this
                section. A political organization shall be considered an
                organization exempt from income taxes for the purpose of any
                law which refers to organizations exempt from income taxes.

         474.7  (b) Tax imposed.
                    (1) In general.--A tax is hereby imposed for each
                taxable year on the political organization taxable income of
                every political organization. Such tax shall be computed by
                multiplying the political organization taxable income by the
                highest rate of tax specified in section 11(b).
                    (2) Alternative tax in case of capital gains.--If for
                any taxable year any political organization has a net
                capital gain, then, in lieu of the tax imposed by paragraph
                (1), there is hereby imposed a tax (if such a tax is less
                than the tax imposed by paragraph (1)) which shall consist
                of the sum of--
                            (A) a partial tax, computed as provided by
                        paragraph (1), on the political organization taxable
                        income determined by reducing such income by the
                        amount of such gain, and
                            (B) an amount determined as provided in section
                        1201(a) on such gain.

    [[Page 715]]

         474.8  (c) Political organization taxable income defined.
                    (1) Taxable income defined.--For purposes of this
                section, the political organization taxable income of any
                organization for any taxable year is an amount equal to the
                excess (if any) of--
                            (A) the gross income for the taxable year
                        (excluding any exempt function income), over
                            (B) the deductions allowed by this chapter which
                        are directly connected with the production of the
                        gross income (excluding exempt function income),
                        computed with the modifications provided in
                        paragraph (2).
                    (2) Modifications.--For purposes of this subsection--
                            (A) there shall be allowed a specific deduction
                        of $100,
                            (B) no net operating loss deduction shall be
                        allowed under section 172, and
                            (C) no deduction shall be allowed under part
                        VIII of subchapter B (relating to special deductions
                        for corporations).
                    (3) Exempt function income.--For purposes of this
                subsection, the term ``exempt function income'' means any
                amount received as--
                            (A) a contribution of money or other property,
                            (B) membership dues, a membership fee or
                        assessment from a member of the political
                        organization,
                            (C) proceeds from a political fundraising or
                        entertainment event, or proceeds from the sale of
                        political campaign materials, which are not received
                        in the ordinary course of any trade or business, or
                            (D) proceeds from the conducting of any bingo
                        game (as defined in section 513(f)(2)),

                to the extent such amount is segregated for use only for the
                exempt function of the political organization.

         474.9  (d) Certain uses not treated as income to candidate.
                    For purposes of this title, if any political
                organization--
                            (1) contributes any amount to or for the use of
                        any political organization which is treated as
                        exempt from tax under subsection (a) of this
                        section,
                            (2) contributes any amount to or for the use of
                        any organization described in paragraph (1) or (2)
                        of section 509(a) which is exempt from tax under
                        section 501(a), or
                            (3) deposits any amount in the general fund of
                        the Treasury or in the general funds of any State or
                        local government,

                such amount shall be treated as an amount not diverted for
                the personal use of the candidate or any other person. No
                deduction shall be allowed under this title for the
                contribution or deposit of any amount described in the
                preceding sentence.

        474.10  (e) Other definitions.
                    For purposes of this section--
                            (1) Political organization.--The term
                        ``political organization'' means a party, committee,
                        association, fund, or other organization (whether or
                        not incorporated) organized and operated primarily
                        for the purpose of directly or indirectly accepting
                        contributions or making expenditures, or both, for
                        an exempt function.

    [[Page 716]]

                            (2) Exempt function.--The term ``exempt
                        function'' means the function of influencing or
                        attempting to influence the selection, nomination,
                        election, or appointment of any individual to any
                        Federal, State, or local public office or office in
                        a political organization, or the election of
                        Presidential or Vice-Presidential electors, whether
                        or not such individual or electors are selected,
                        nominated, elected, or appointed. Such term includes
                        the making of expenditures relating to an office
                        described in the preceding sentence which, if
                        incurred by the individual, would be allowable as a
                        deduction under section 162(a).
                            (3) Contributions.--The term ``contributions''
                        has the meaning given to such term by section
                        271(b)(2).
                            (4) Expenditures.--The term ``expenditures'' has
                        the meaning given to such term by section 271(b)(3).

                                        * * * * * * *

        474.11  (g) Treatment of newsletter funds.
                    (1) In general.--For purposes of this section, a fund
                established and maintained by an individual who holds, has
                been elected to, or is a candidate (within the meaning of
                paragraph (3)) for nomination or election to, any Federal,
                State, or local elective public office for use by such
                individual exclusively for the preparation and circulation
                of such individual's newsletter shall, except as provided in
                paragraph (2), be treated as if such fund constituted a
                political organization.
                    (2) Additional modifications.--In the case of any fund
                described in paragraph (1)--
                            (A) the exempt function shall be only the
                        preparation and circulation of the newsletter, and
                            (B) the specific deduction provided by
                        subsection (c)(2)(A) shall not be allowed.
                    (3) Candidate.--For purposes of paragraph (1), the term
                ``candidate'' means, with respect to any Federal, State, or
                local elective public office, an individual who--
                            (A) publicly announces that he is a candidate
                        for nomination or election to such office, and
                            (B) meets the qualifications prescribed by law
                        to hold such office.
        474.12  (h) Special rule for principal campaign committees.
                    (1) In general.--In the case of a political organization
                which is a principal campaign committee, paragraph (1) of
                subsection (b) shall be applied by substituting ``the
                appropriate rates'' for ``the highest rate''.
                    (2) Principal campaign committee defined.--
                            (A) In general.--For purposes of this
                        subsection, the term ``principal campaign
                        committee'' means the political committee designated
                        by a candidate for Congress as his principal
                        campaign committee for purposes of--

                                    (i) section 302(e) of the Federal
                                Election Campaign Act of 1971 (2 U.S.C.
                                432(e)), and

                                    (ii) this subsection.

                            (B) Designation.--A candidate may have only 1
                        designation in effect under subparagraph (A)(ii) at
                        any time and such designation--

                                    (i) shall be made at such time and in
                                such manner as the Secretary may prescribe
                                by regulations, and

    [[Page 717]]

                                    (ii) once made, may be revoked only with
                                the consent of the Secretary.

                            Nothing in this subsection shall be construed to
                        require any designation where there is only one
                        political committee with respect to a candidate.
                        (Jan. 3, 1975, Pub. L. 93-625, Sec. 10(a), 88 Stat.
                        2116; Oct. 4, 1976, Pub. L. 94-455,
                        Sec. 1901(b)(33)(c), 90 Stat. 1801; Oct. 21, 1978,
                        Pub. L. 95-502, Sec. 302(a), 92 Stat. 1702; Nov. 6,
                        1978, Pub. L. 95-600, Sec. 301(b)(6), 92 Stat. 2821;
                        Aug. 13, 1981, Pub. L. 97-34, Sec. 128, 95 Stat.
                        203; July 18, 1984, Pub. L. 98-369,
                        Secs. 474(r)(16), 722(c), 98 Stat. 843, 973;
                        Oct. 22, 1986, Pub. L. 99-514, Sec. 112(b)(1), 100
                        Stat. 2085; Nov. 10, 1988, Pub. L. 100-647,
                        Sec. 1001(b)(3)(B), 102 Stat. 3349.)

                                        * * * * * * *

                 Subchapter N.--Tax Based on Income From Sources Within or
                                 Without the United States

                                        * * * * * * *

                    Part II.--NONRESIDENT ALIENS AND FOREIGN CORPORATIONS

                                        * * * * * * *

                            Subpart D.--Miscellaneous Provisions

                                        * * * * * * *

        474.13  Sec. 896. Adjustment of tax on nationals, residents, and
                    corporations of certain foreign countries.

                                        * * * * * * *

        474.14  (d) Notification of Congress required.
                    No proclamation shall be issued by the President
                pursuant to this section unless, at lest 30 days prior to
                such proclamation, he has notified the Senate and the House
                of Representatives of his intention to issue such
                proclamation. (Nov. 13, 1966, Pub. L. 89-809, Sec. 105(b),
                80 Stat. 1563.)

                           Subchapter P.--Capital Gains and Losses

                                        * * * * * * *

                 Part III.--GENERAL RULES FOR DETERMINING CAPITAL GAINS AND
                                           LOSSES

        474.15  Sec. 1221. Capital asset defined.
                    For purposes of this subtitle, the term ``capital
                asset'' means property held by the taxpayer (whether or not
                connected with his trade or business), but does not
                include--

                                        * * * * * * *

                    (5) a publication of the United States Government
                (including the Congressional Record) which is received from
                the United States Government or any agency thereof, other
                than by purchase at the price at which it is offered for
                sale to the public, and which is held by--
                            (A) a taxpayer who so received such publication,
                        or

    [[Page 718]]

                            (B) a taxpayer in whose hands the basis of such
                        publication is determined, for purposes of
                        determining gain from a sale or exchange, in whole
                        or in part by reference to the basis of such
                        publication in the hands of a taxpayer described in
                        subparagraph (A). (Aug. 16, 1954, ch. 736. 68A Stat.
                        321; Oct. 4, 1976, Pub. L. 94-455, Sec. 2132 (a), 90
                        Stat. 1925; Aug. 13, 1981, Pub. L. 97-34, Sec. 505
                        (a), 95 Stat 331.)

                                        * * * * * * *

                          SUBTITLE F.--PROCEDURE AND ADMINISTRATION

                            Chapter 61.--INFORMATION AND RETURNS

                                        * * * * * * *

                           Subchapter B.--Miscellaneous Provisions

                                        * * * * * * *

           475  Sec. 6103. Confidentiality and disclosure of returns and
                    return information.

                                        * * * * * * *

         475.1  (f) Disclosure to committees of Congress.
                    (1) Committee on Ways and Means, Committee on Finance,
                and Joint Committee on Taxation.--Upon written request from
                the chairman of the Committee on Ways and Means of the House
                of Representatives, the chairman of the Committee on Finance
                of the Senate, or the chairman of the Joint Committee on
                Taxation, the Secretary shall furnish such committee with
                any return or return information specified in such request,
                except that any return or return information which can be
                associated with, or otherwise identify, directly or
                indirectly, a particular taxpayer shall be furnished to such
                committee only when sitting in closed executive session
                unless such taxpayer otherwise consents in writing to such
                disclosure.
                    (2) Chief of Staff of Joint Committee on Taxation.--Upon
                written request by the Chief of Staff of the Joint Committee
                on Taxation, the Secretary shall furnish him with any return
                or return information specified in such request. Such Chief
                of Staff may submit such return or return information to any
                committee described in paragraph (1), except that any return
                or return information which can be associated with, or
                otherwise identify, directly or indirectly, a particular
                taxpayer shall be furnished to such committee only when
                sitting in closed executive session unless such taxpayer
                otherwise consents in writing to such disclosure.
                    (3) Other committees.--Pursuant to an action by, and
                upon written request by the chairman of, a committee of the
                Senate or the House of Representatives (other than a
                committee specified in paragraph (1)) specially authorized
                to inspect any return or return information by a resolution
                of the Senate or the House of Representatives or, in the
                case of a joint committee (other than the joint committee
                specified in paragraph (1)) by concurrent resolution, the
                Secretary shall furnish such committee, or a duly authorized
                and designated subcommittee thereof, sitting in closed
                executive session, with any return or return information
                which such resolution authorizes the committee or
                subcommittee to in-

    [[Page 719]]

                spect. Any resolution described in this paragraph shall
                specify the purpose for which the return or return
                information is to be furnished and that such information
                cannot reasonably be obtained from any other source.
                    (4) Agents of committees and submission of information
                to Senate or House of Representatives.--
                            (A) Committees described in paragraph (1).--Any
                        committee described in paragraph (1) or the Chief of
                        Staff of the Joint Committee on Taxation shall have
                        the authority, acting directly, or by or through
                        such examiners or agents as the chairman of such
                        committee or such chief of staff may designate or
                        appoint, to inspect returns and return information
                        at such time and in such manner as may be determined
                        by such chairman or chief of staff. Any return or
                        return information obtained by or on behalf of such
                        committee pursuant to the provisions of this
                        subsection may be submitted by the committee to the
                        Senate or the House of Representatives, or to both.
                        The Joint Committee on Taxation may also submit such
                        return or return information to any other committee
                        described in paragraph (1), except that any return
                        or return information which can be associated with,
                        or otherwise identify, directly or indirectly, a
                        particular taxpayer shall be furnished to such
                        committee only when sitting in closed executive
                        session unless such taxpayer otherwise consents in
                        writing to such disclosure.
                            (B) Other committees.--Any committee or
                        subcommittee described in paragraph (3) shall have
                        the right, acting directly, or by or through no more
                        than four examiners or agents, designated or
                        appointed in writing in equal numbers by the
                        chairman and ranking minority member of such
                        committee or subcommittee, to inspect returns and
                        return information at such time and in such manner
                        as may be determined by such chairman and ranking
                        minority member. Any return or return information
                        obtained by or on behalf of such committee or
                        subcommittee pursuant to the provisions of this
                        subsection may be submitted by the committee to the
                        Senate or the House of Representatives, or to both,
                        except that any return or return information which
                        can be associated with, or otherwise identify,
                        directly or indirectly, a particular taxpayer, shall
                        be furnished to the Senate or the House of
                        Representatives only when sitting in closed
                        executive session unless such taxpayer otherwise
                        consents in writing to such disclosure.
         475.2  (g) Disclosure to President and certain other persons.

                                        * * * * * * *

         475.3  (5) Reporting requirements.--
                    Within 30 days after the close of each calendar quarter,
                the President and the head of any agency requesting returns
                and return information under this subsection shall each file
                a report with the Joint Committee on Taxation setting forth
                the taxpayers with respect to whom such requests were made
                during such quarter under this subsection, the returns or
                return information involved, and the reasons for such
                requests. The President shall not be required to report on
                any request for returns and return information pertaining to
                an individual who was an officer or employee of the
                executive branch of the Federal Government at the time such
                request was made. Reports filed pursuant to this paragraph

    [[Page 720]]

                shall not be disclosed unless the Joint Committee on
                Taxation determines that disclosure thereof (including
                identifying details) would be in the national interest. Such
                reports shall be maintained by the Joint Committee on
                Taxation for a period not exceeding 2 years unless, within
                such period, the Joint Committee on Taxation determines that
                a disclosure to the Congress is necessary. (Oct. 4, 1976,
                Pub. L. 94-455, Sec. 1202(a), 90 Stat. 1667.)

                                        * * * * * * *

         475.5  Sec. 6104. Publicity of information required from certain
                    exempt organizations and certain trusts.
         475.6  (a) Inspection of applications for tax exemption.
                    (1) Public inspection.--
                            (A) Organizations described in section 501.--If
                        an organization described in section 501 (c) or (d)
                        is exempt from taxation under section 501(a) for any
                        taxable year, the application filed by the
                        organization with respect to which the Secretary
                        made his determination that such organization was
                        entitled to exemption under section 501(a), together
                        with any papers submitted in support of such
                        application, and any letter or other document issued
                        by the Internal Revenue Service with respect to such
                        application shall be open to public inspection at
                        the national office of the Internal Revenue Service.
                        In the case of any application filed after the date
                        of the enactment of this subparagraph, a copy of
                        such application and such letter or document shall
                        be open to public inspection at the appropriate
                        field office of the Internal Revenue Service
                        (determined under regulations prescribed by the
                        Secretary). Any inspection under this subparagraph
                        may be made at such times, and in such manner, as
                        the Secretary shall by regulations prescribe. After
                        the application of any organization has been opened
                        to public inspection under this subparagraph, the
                        Secretary shall, on the request of any person with
                        respect to such organization, furnish a statement
                        indicating the subsection and paragraph of section
                        501 which it has been determined describes such
                        organization.
                            (B) Pension, etc., plans.--The following shall
                        be open to public inspection at such times and in
                        such places as the Secretary may prescribe:

                                    (i) any application filed with respect
                                to the qualification of a pension, profit-
                                sharing, or stock bonus plan under section
                                401(a) or 403(a), an individual retirement
                                account described in section 408(a), or an
                                individual retirement annuity described in
                                section 408(b),

                                    (ii) any application filed with respect
                                to the exemption from tax under section
                                501(a) of an organization forming part of a
                                plan or account referred to in clause (i),

                                    (iii) any papers submitted in support of
                                an application referred to in clause (i) or
                                (ii), and

                                    (iv) any letter or other document issued
                                by the Internal Revenue Service and dealing
                                with the qualification referred to in clause
                                (i) or the exemption from tax referred to in
                                clause (ii).

                Except in the case of a plan participant, this subparagraph
                shall not apply to any plan referred to in clause (i) having
                not more than 25 participants.

    [[Page 721]]

                            (C) Certain names and compensation not to be
                        open to public inspection.--In the case of any
                        application, document, or other papers, referred to
                        in subparagraph (B), information from which the
                        compensation (including deferred compensation) of
                        any individual may be ascertained shall not be
                        opened to public inspection under subparagraph (B).
                            (D) Withholding of certain other information.--
                        Upon request of the organization submitting any
                        supporting papers described in subparagraph (A) or
                        (B), the Secretary shall withhold from public
                        inspection any information contained therein which
                        he determines relates to any trade secret, patent,
                        process, style of work, or apparatus, of the
                        organization, if he determines that public
                        disclosure of such information would adversely
                        affect the organization. The Secretary shall
                        withhold from public inspection any information
                        contained in supporting papers described in
                        subparagraph (A) or (B) the public disclosure of
                        which he determines would adversely affect the
                        national defense.
                    (2) Inspection by committee of Congress.--Section
                6103(f) shall apply with respect to--
                            (A) the application for exemption of any
                        organization described in section 501(c) or (d)
                        which is exempt from taxation under section 501(a)
                        for any taxable year, and any application referred
                        to in subparagraph (B) of subsection (a)(1) of this
                        section, and
                            (B) any other papers which are in the possession
                        of the Secretary and which relate to such
                        application,

                as if such papers constituted returns. (Sept. 2, 1958, Pub.
                L. 85-866, Sec. 75(a) 72 Stat. 1660; Sept. 2, 1974, Pub. L.
                93-406, Sec. 1022(g)(1), (2), 88 Stat. 940; Oct. 4, 1976,
                Pub. L. 94-455, Secs. 1201(d), 1906(b)(13)(A), 90 Stat.
                1667, 1834; Nov. 6, 1978, Pub. L. 95-600, Sec. 703(m), 92
                Stat. 2943; July 18, 1984, Pub. L. 98-369 Sec. 491(d)(49),
                98 Stat. 852.)

                                        * * * * * * *

                                  Chapter 79.--DEFINITIONS

         475.7  Sec. 7701. Definitions.

                                        * * * * * * *

         475.8  (j) Tax treatment of Federal Thrift Savings Fund.
                    (1) In general.--For purposes of this title--
                            (A) the Thrift Savings Fund shall be treated as
                        a trust described in section 401(a) which is exempt
                        from taxation under section 501(a);
                            (B) any contribution to, or distribution from,
                        the Thrift Savings Fund shall be treated in the same
                        manner as contributions to or distributions from
                        such a trust; and
                            (C) subject to section 401(k)(4)(B) and any
                        dollar limitation on the application of section
                        402(e)(3), contributions to the Thrift Savings Fund
                        shall not be treated as distributed or made
                        available to an employee or Member nor as a
                        contribution made to the Fund by an employee or
                        Member merely because the employee or Member has,
                        under the provisions of subchapter III of chapter 84
                        of title 5, United States Code, and section 8351 of
                        such title 5, an election whether the contribution
                        will be made to the Thrift Savings Fund or received
                        by the employee or Member in cash.

    [[Page 722]]

                    (2) Nondiscrimination requirements.--Notwithstanding any
                other provision of the law, the Thrift Savings Fund is not
                subject to the nondiscrimination requirements applicable to
                arrangements described in section 401(k) or to matching
                contributions (as described in section 401(m)), so long as
                it meets the requirements of this section.
                    (3) Coordination with Social Security Act.--Paragraph
                (1) shall not be construed to provide that any amount of the
                employee's or Member's basic pay which is contributed to the
                Thrift Savings Fund shall not be included in the term
                ``wages'' for the purposes of section 209 of the Social
                Security Act or section 3121(a) of this title.
                    (4) Definitions.--For purposes of this subsection, the
                terms ``Member'', ``employee'', and ``Thrift Savings Fund''
                shall have the same respective meanings as when used in
                subchapter III of chapter 84 of title 5, United States Code.
                    (5) Coordination with other provisions of law.--No
                provision of law not contained in this title shall apply for
                purposes of determining the treatment under this title of
                the Thrift Savings Fund or any contribution to, or
                distribution from, such Fund. (Oct. 22, 1986, Pub. L. 99-
                514, Sec. 1147(a), 100 Stat. 2493; Dec. 22, 1987, Pub. L.
                100-202, Sec. 624(a), 101 Stat. 1329-429; Nov. 10, 1988,
                Pub. L. 100-647, Sec. 1011A(m)(1), 102 Stat. 3483; Nov. 5,
                1990, Pub. L. 101-508, Sec. 11704(a)(34), 104 Stat. 1388-
                519; July 3, 1992, Pub. L. 102-318, Sec. 521(b)(43), 106
                Stat. 313.)

                                        * * * * * * *

         475.9  (k) Treatment of certain amounts paid to charity.
                    In the case of any payment which, except for section
                501(b) of the Ethics in Government Act of 1978, might be
                made to any officer or employee of the Federal Government
                but which is made instead on behalf of such officer or
                employee to an organization described in section 170(c)--
                            (1) such payment shall not be treated as
                        received by such officer or employee for all
                        purposes of this title and for all purposes of any
                        tax law of a State or political subdivision thereof,
                        and
                            (2) no deduction shall be allowed under any
                        provision of this title (or of any law of a State or
                        political subdivision thereof) to such officer or
                        employee by reason of having such payment made to
                        such organization.

                For purposes of this subsection, a Senator, a Representative
                in, or a Delegate or Resident Commissioner to, the Congress
                shall be treated as an officer or employee of the Federal
                Government. (Nov. 30, 1989, Pub. L. 101-194, Sec. 602, 103
                Stat. 1762; Aug. 14, 1991, Pub. L. 102-90, Sec. 314(e), 103
                Stat. 469-470.)

                                        * * * * * * *

                        SUBTITLE G.--THE JOINT COMMITTEE ON TAXATION

                   Chapter 91.--ORGANIZATION AND MEMBERSHIP OF THE JOINT
                                         COMMITTEE

           476  Sec. 8001. Authorization.
                    There shall be a joint congressional committee known as
                the Joint Committee on Taxation (hereinafter in this
                subtitle referred to as the ``Joint Committee''). (Aug. 16,
                1954, ch. 736, 68A Stat. 925; Oct. 4, 1976, Pub. L. 94-455,
                Sec. 1907(a)(1), 90 Stat. 1835.)

    [[Page 723]]

         476.1  Sec. 8002. Membership.
         476.2  (a) Number and selection.
                    The Joint Committee shall be composed of 10 members as
                follows:
                    (1) From Committee on Finance.--Five members who are
                members of the Committee on Finance of the Senate, three
                from the majority and two from the minority party, to be
                chosen by such Committee; and
                    (2) From Committee on Ways and Means.--Five members who
                are members of the Committee on Ways and Means of the House
                of Representatives, three from the majority and two from the
                minority party, to be chosen by such Committee.
         476.3  (b) Tenure of office.
                    (1) General limitation.--No person shall continue to
                serve as a member of the Joint Committee after he has ceased
                to be a member of the committee by which he was chosen,
                except that--
                    (2) Exception.--The members chosen by the Committee on
                Ways and Means who have been reelected to the House of
                Representatives may continue to serve as members of the
                Joint Committee notwithstanding the expiration of the
                Congress.
         476.4  (c) Vacancies.
                    A vacancy in the Joint Committee--
                            (1) Effect.--Shall not affect the power of the
                        remaining members to execute the functions of the
                        Joint Committee; and
                            (2) Manner of filling.--Shall be filled in the
                        same manner as the original selection, except that--

                                    (A) Adjournment or recess of Congress.--
                                In case of a vacancy during an adjournment
                                or recess of Congress for a period of more
                                than 2 weeks, the members of the Joint
                                Committee who are members of the Committee
                                entitled to fill such vacancy may designate
                                a member of such Committee to serve until
                                his successor is chosen by such Committee;
                                and

                                    (B) Expiration of Congress.--In the case
                                of a vacancy after the expiration of a
                                Congress which would be filled by the
                                Committee on Ways and Means, the members of
                                such Committee who are continuing to serve
                                as members of the Joint Committee may
                                designate a person who, immediately prior to
                                such expiration, was a member of such
                                Committee and who is reelected to the House
                                of Representatives, to serve until his
                                successor is chosen by such Committee.

         476.5  (d) Allowances.
                    The members shall serve without compensation in addition
                to that received for their services as members of Congress;
                but they shall be reimbursed for travel, subsistence, and
                other necessary expenses incurred by them in the performance
                of the duties vested in the Joint Committee, other than
                expenses in connection with meetings of the Joint Committee
                held in the District of Columbia during such times as the
                Congress is in session. (Aug. 16, 1954, ch. 736, 68A Stat.
                925.)
         476.6  Sec. 8003. Election of chairman and vice chairman.
                    The Joint Committee shall elect a chairman and vice
                chairman from among its members. (Aug. 16, 1954, ch. 736,
                68A Stat. 926.)
         476.7

    [[Page 724]]

                Sec. 8004. Appointment and compensation of staff.
                    Except as otherwise provided by law, the Joint Committee
                shall have power to appoint and fix the compensation of the
                Chief of Staff of the Joint Committee and such experts and
                clerical, stenographic, and other assistants as it deems
                advisable. (Aug. 16, 1954, ch. 736, 68A Stat. 926; Oct. 4,
                1976, Pub. L. 94-455, Sec. 1907(a)(2), 90 Stat. 1835.)
         476.8  Sec. 8005. Payment of expenses.
                    The expenses of the Joint Committee shall be paid one-
                half from the contingent fund of the Senate and one-half
                from the contingent fund of the House of Representatives,
                upon vouchers signed by the chairman or the vice chairman.
                (Aug. 16, 1954, ch. 736, 68A Stat. 926.)

                    Chapter 92.--POWERS AND DUTIES OF THE JOINT COMMITTEE

           477  Sec. 8021. Powers.
         477.1  (a) To obtain data and inspect income returns.
                            For powers of the Joint Committee to obtain and
                        inspect income returns, see section 6103(f).
         477.2  (b) Relating to hearings and sessions.
                    The Joint Committee, or any subcommittee thereof, is
                authorized--
                            (1) To hold.--To hold hearings and to sit and
                        act at such places and times;
                            (2) To require attendance of witnesses and
                        production of books.--To require by subpoena (to be
                        issued under the signature of the chairman or vice
                        chairman) or otherwise the attendance of such
                        witnesses and the production of such books, papers,
                        and documents;
                            (3) To administer oaths.--To administer such
                        oaths; and
                            (4) To take testimony.--To take such testimony;

                as it deems advisable.

         477.3  (c) To procure printing and binding.
                    The Joint Committee, or any subcommittee thereof, is
                authorized to have such printing and binding done as it
                deems advisable.
         477.4  (d) To make expenditures.
                    The Joint Committee, or any subcommittee thereof, is
                authorized to make such expenditures as it deems advisable.
                (Aug. 16, 1954, ch. 736, 68A Stat. 927; Oct. 4, 1976, Pub.
                L. 94-455, Sec. 1907(a)(3), 90 Stat. 1835; Nov. 10, 1988,
                Pub. L. 100-647, Sec. 1018(s)(1), 102 Stat. 3586.)
         477.5  Sec. 8022. Duties.
                    It shall be the duty of the Joint Committee--
         477.6      (1) Investigation.--
                            (A) Operation and effects of law.--To
                        investigate the operation and effects of the Federal
                        system of internal revenue taxes;
                            (B) Administration.--To investigate the
                        administration of such taxes by the Internal Revenue
                        Service or any executive department, establishment,
                        or agency charged with their administration; and
                            (C) Other investigations.--To make such other
                        investigations in respect of such system of taxes as
                        the Joint Committee may deem necessary.

    [[Page 725]]

         477.7      (2) Simplification of law.--
                            (A) Investigation of methods.--To investigate
                        measures and methods for the simplification of such
                        taxes, particularly the income tax; and
                            (B) Publication of proposals.--To publish, from
                        time to time, for public examination and analysis,
                        proposed measures and methods for the simplification
                        of such taxes.
         477.8      (3) Reports.--To report, from time to time, to the
                Committee on Finance and the Committee on Ways and Means,
                and, in its discretion, to the Senate or the House of
                Representatives, or both, the results of its investigations,
                together with such recommendations as it may deem advisable.
         477.9      (4) Cross reference.--
                            For duties of the Joint Committee relating to
                        refunds of income and estate taxes, see section
                        6405. (Aug. 16, 1954, ch. 736, 68A Stat. 927.)
           478  Sec. 8023. Additional powers to obtain data.
         478.1  (a) Securing of data.
                    The Joint Committee or the Chief of Staff of the Joint
                Committee, upon approval of the Chairman or Vice Chairman,
                is authorized to secure directly from the Internal Revenue
                Service or the office of the Chief Counsel for the Internal
                Revenue Service, or directly from any executive department,
                board, bureau, agency, independent establishment, or
                instrumentality of the Government, information, suggestions,
                rulings, data, estimates, and statistics, for the purpose of
                making investigations, reports, and studies relating to
                internal revenue taxation. In the investigation by the Joint
                Committee on Taxation of the administration of the internal
                revenue taxes by the Internal Revenue Service, the Chief of
                Staff of the Joint Committee on Taxation is authorized to
                secure directly from the Internal Revenue Service such tax
                returns, or copies of tax returns, and other relevant
                information, as the Chief of Staff deems necessary for such
                investigation, and the Internal Revenue Service is
                authorized and directed to furnish such tax returns and
                information to the Chief of Staff together with a brief
                report, with respect to each return, as to any action taken
                or proposed to be taken by the Service as a result of any
                audit of the return.
         478.2  (b) Furnishing of data.
                    The Internal Revenue Service, the office of the Chief
                Counsel for the Internal Revenue Service, executive
                departments, boards, bureaus, agencies, independent
                establishments, and instrumentalities are authorized and
                directed to furnish such information, suggestions, rulings,
                data, estimates, and statistics directly to the Joint
                Committee or to the Chief of Staff of the Joint Committee,
                upon request made pursuant to this section.
         478.3  (c) Application of subsections (a) and (b).
                    Subsections (a) and (b) shall be applied in accordance
                with their provisions without regard to any reorganization
                plan becoming effective on, before, or after the date of the
                enactment of this subsection. (Aug. 16, 1954, ch. 736, 68A
                Stat. 928; Sept. 22, 1959, Pub. L. 86-368, Sec. 2(b),

    [[Page 726]]

                73 Stat. 648; Oct. 4, 1976, Pub. L. 94-455,
                Secs. 1210(c), 1907(a)(4), 90 Stat. 1711, 1835.)

                                        * * * * * * *

                  SUBTITLE H.--FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS

                      Chapter 95.--PRESIDENTIAL ELECTION CAMPAIGN FUND

                                        * * * * * * *

         478.5  Sec. 9009. Reports to Congress; regulations.
         478.6  (a) Reports.
                    The Commission shall, as soon as practicable after each
                presidential election, submit a full report to the Senate
                and House of Representatives setting forth--
                            (1) the qualified campaign expenses (shown in
                        such detail as the Commission determines necessary)
                        incurred by the candidates of each political party
                        and their authorized committees;
                            (2) the amounts certified by it under section
                        9005 for payment to the eligible candidates for each
                        political party;
                            (3) the amount of payments, if any, required
                        from such candidates under section 9007, and the
                        reasons for each payment required;
                            (4) the expensees incurred by the national
                        committee of a major party or minor party with
                        respect to a presidential nominating convention;
                            (5) the amounts certified by it under section
                        9008(g) for payment to each such committee; and
                            (6) the amount of payments, if any, required
                        from such committees under section 9008(h), and the
                        reasons for each such payment.

                Each report submitted pursuant to this section shall be
                printed as a Senate document.

         478.7  (b) Regulations, etc.
                    The Commission is authorized to prescribe such rules and
                regulations in accordance with the provisions of subsection
                (c), to conduct such examinations and audits (in addition to
                the examinations and audits required by section 9007(a)), to
                conduct such investigations, and to require the keeping and
                submission of such books, records, and information, as it
                deems necessary to carry out the functions and duties
                imposed on it by this chapter.
         478.8   (c) Review of regulations.
                    (1) The Commission, before prescribing any rule or
                regulation under subsection (b), shall transmit a statement
                with respect to such rule or regulation to the Senate and to
                the House of Representatives, in accordance with the
                provisions of this subsection. Such statement shall set
                forth the proposed rule or regulation and shall contain a
                detailed explanation and justification of such rule or
                regulation.
                    (2) If either such House does not, through appropriate
                action, disapprove the proposed rule or regulation set forth
                in such statement no later than 30 legislative days after
                receipt of such statement, then the Commission may prescribe
                such rule or regulation. Whenever a committee of the House
                of Representatives reports any resolution relating to any
                such rule or regulation, it is at any time thereafter in
                order

    [[Page 727]]

                (even though a previous motion to the same effect has been
                disagreed to) to move to proceed to the consideration of the
                resolution. The motion is highly privileged and is not
                debatable. An amendment to the motion is not in order, and
                it is not in order to move to reconsider the vote by which
                the motion is agreed to or disagreed to. The Commission may
                not prescribe any rule or regulation which is disapproved by
                either such House under this paragraph.
                    (3) For purposes of this subsection, the term
                ``legislative days'' does not include any calendar day on
                which both Houses of the Congress are not in session.
                    (4) For purposes of this subsection, the term ``rule or
                regulation'' means a provision or series of interrelated
                provisions stating a single separable rule of law. (Dec. 10,
                1971, Pub. L. 92-178, Sec. 801, 85 Stat. 569; Oct. 15, 1974,
                Pub. L. 93-443, Secs. 404(c)(12), (13), 406(b), 88 Stat.
                1292, 1296; May 11, 1976, Pub. L. 94-283, Sec. 304(a), 90
                Stat. 498.)

                                        * * * * * * *

                 Chapter 96.--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

                                        * * * * * * *

        478.10  Sec. 9039. Reports to Congress; regulations.
        478.11   (a) Reports.
                    The Commission shall, as soon as practicable after each
                matching payment period, submit a full report to the Senate
                and House of Representatives setting forth--
                            (1) the qualified campaign expenses (shown in
                        such detail as the Commission determines necessary)
                        incurred by the candidates of each political party
                        and their authorized committees,
                            (2) the amounts certified by it under section
                        9036 for payment to each eligible candidate, and
                            (3) the amount of payments, if any, required
                        from candidates under section 9038, and the reasons
                        for each payment required.

                Each report submitted pursuant to this section shall be
                printed as a Senate document.

        478.12  (b) Regulations, etc.
                    The Commission is authorized to prescribe rules and
                regulations in accordance with the provisions of subsection
                (c), to conduct examinations and audits (in addition to the
                examinations and audits required by section 9038(a)), to
                conduct investigations, and to require the keeping and
                submission of any books, records, and information, which it
                determines to be necessary to carry out its responsibilities
                under this chapter.
        478.13  (c) Review of regulations.
                    (1) The Commission, before prescribing any rule or
                regulation under subsection (b), shall transmit a statement
                with respect to such rule or regulation to the Senate and to
                the House of Representatives, in accordance with the
                provisions of this subsection. Such statement shall set
                forth the proposed rule or regulation and shall contain a
                detailed explanation and justification of such rule or
                regulation.
                    (2) If either such House does not, through appropriate
                action, disapprove the proposed rule or regulation set forth
                in such statement

    [[Page 728]]

                no later than 30 legislative days after receipt of such
                statement, then the Commission may prescribe such rule or
                regulation. Whenever a committee of the House of
                Representatives reports any resolution relating to any such
                rule or regulation, it is at any time thereafter in order
                (even though a previous motion to the same effect has been
                disagreed to) to move to proceed to the consideration of the
                resolution. The motion is highly privileged and is not
                debatable. An amendment to the motion is not in order, and
                it is not in order to move to reconsider the vote by which
                the motion is agreed to or disagreed to. The Commission may
                not prescribe any rule or regulation which is disapproved by
                either such House under this paragraph.
                    (3) For purposes of this subsection, the term
                ``legislative days'' does not include any calendar day on
                which both Houses of the Congress are not in session.
                    (4) For purposes of this subsection, the term ``rule or
                regulation'' means a provision or series of interrelated
                provisions stating a single separable rule of law. (Oct. 15,
                1974, Pub. L. 93-443, Sec. 408(c), 88 Stat. 1301; May 11,
                1976, Pub. L. 94-283, Sec. 304(b), 90 Stat. 499.)

                                        * * * * * * *

                                SUBTITLE I.--TRUST FUND CODE

                                Chapter 98.--Trust Fund Code

                                        * * * * * * *

                              Subchapter B.--General Provisions

                                        * * * * * * *

        478.14  Sec. 9602. Management of trust funds.
        478.15  (a) Report.
                    It shall be the duty of the Secretary of the Treasury to
                hold each Trust Fund established by subchapter A, and (after
                consultation with any other trustees of the Trust Fund) to
                report to the Congress each year on the financial condition
                and the results of the operations of each such Trust Fund
                during the preceding fiscal year and on its expected
                condition and operations during the next 5 fiscal years.
                Such report shall be printed as a House document of the
                session of the Congress to which the report is made. (Dec.
                29, 1981, Pub. L. 97-119, Sec. 103(a), 95 Stat. 1638.)

    [[Page 729]]

                         TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE

                              Chapter 39.--INDEPENDENT COUNSEL

           479  Sec. 595. Congressional oversight.
                    (a) Oversight of Conduct of Independent Counsel.--
                            (1) Congressional oversight.--The appropriate
                        committees of the Congress shall have oversight
                        jurisdiction with respect to the official conduct of
                        any independent counsel appointed under this
                        chapter, and such independent counsel shall have the
                        duty to cooperate with the exercise of such
                        oversight jurisdiction.
                            (2) Reports to congress.--An independent counsel
                        appointed under this chapter shall submit to the
                        Congress annually a report on the activities of the
                        independent counsel, including a description of the
                        progress of any investigation or prosecution
                        conducted by the independent counsel. Such report
                        may omit any matter that in the judgment of the
                        independent counsel should be kept confidential, but
                        shall provide information adequate to justify the
                        expenditures that the office of the independent
                        counsel has made.
                    (b) Oversight of Conduct of Attorney General.--Within 15
                days after receiving an inquiry about a particular case
                under this chapter, which is a matter of public knowledge,
                from a committee of the Congress with jurisdiction over this
                chapter, the Attorney General shall provide the following
                information to that committee with respect to that case:
                            (1) When the information about the case was
                        received.
                            (2) Whether a preliminary investigation is being
                        conducted, and if so, the date it began.
                            (3) Whether an application for the appointment
                        of an independent counsel or a notification that
                        further investigation is not warranted has been
                        filed with the division of the court, and is so, the
                        date of such filing.
                    (c) Information Relating to Impeachment.--An independent
                counsel shall advise the House of Representatives of any
                substantial and credible information which such independent
                counsel receives, in carrying out the independent counsel's
                responsibilities under this chapter, that may constitute
                grounds for an impeachment. Nothing in this chapter or
                section 49 of this title shall prevent the Congress or
                either House thereof from obtaining information in the
                course of an impeachment proceeding. (Added Oct. 26, 1978,
                Pub. L. 95-521, Title VI, Sec. 601(a), 92 Stat. 1871; Jan.
                3, 1983, Pub. L. 97-409, Sec. 2; Dec. 15, 1987, Pub. L. 100-
                191, Sec. 2, 101 Stat. 1304; June 30, 1994, Pub. L. 103-270,
                108 Stat. 734.)
         479.1  Sec. 596. Removal of an independent counsel; termination of
                    office.
                    (a) Removal; Report on Removal.--
                            (1) Grounds for removal.--An independent counsel
                        appointed under this chapter may be removed from
                        office, other than by impeachment and conviction,
                        only by the personal action of the Attorney General
                        and only for good cause, physical disability, mental

    [[Page 730]]

                        incapacity, or any other condition that
                        substantially impairs the performance of such
                        independent counsel's duties.
                            (2) Report to division of the court and
                        congress.--If an independent counsel is removed from
                        office, the Attorney General shall promptly submit
                        to the division of the court and the Committees on
                        the Judiciary of the Senate and the House of
                        Representatives a report specifying the facts found
                        and the ultimate grounds for such removal. The
                        committees shall make available to the public such
                        report, except that each committee may, if necessary
                        to protect the rights of any individual named in the
                        report or to prevent undue interference with any
                        pending prosecution, postpone or refrain from
                        publishing any or all of the report. The division of
                        the court may release any or all of such report in
                        accordance with section 594(h)(2).
                            (3) Judicial review of removal.--An independent
                        counsel removed from office may obtain judicial
                        review of the removal in a civil action commenced in
                        the United States District Court for the District of
                        Columbia. A member of the division of the court may
                        not hear or determine any such civil action or any
                        appeal of a decision in any such civil action. The
                        independent counsel may be reinstated or granted
                        other appropriate relief by order of the court.
                    (b) Termination of Office.--
                            (1) Termination by action of independent
                        counsel.--An office of independent counsel shall
                        terminate when--

                                    (A) the independent counsel notifies the
                                Attorney General that the investigation of
                                all matters within the prosecutorial
                                jurisdiction of such independent counsel or
                                accepted by such independent counsel under
                                section 594(e), and any resulting
                                prosecutions, have been completed or so
                                substantially completed that it would be
                                appropriate for the Department of Justice to
                                complete such investigations and
                                prosecutions; and

                                    (B) the independent counsel files a
                                final report in compliance with section
                                594(h)(1)(B).

                            (2) Termination by division of the court.--The
                        division of the court, either on its own motion or
                        upon the request of the Attorney General, may
                        terminate an office of independent counsel at any
                        time, on the ground that the investigation of all
                        matters within the prosecutorial jurisdiction of
                        such independent counsel or accepted by such
                        independent counsel under section 594(e), and any
                        resulting prosecutions, have been completed or so
                        substantially completed that it would be appropriate
                        for the Department of Justice to complete such
                        investigations and prosecutions. At the same time of
                        such termination, the independent counsel shall file
                        the final report required by section 594(h)(1)(B).
                        If the Attorney General has not made a request under
                        this paragraph, the division of the court shall
                        determine on its own motion whether termination is
                        appropriate under this paragraph no later than 2
                        years after the appointment of an independent
                        counsel, at the end of the succeeding 2-year period,
                        and thereafter at the end of each succeeding 1-year
                        period.
                    (c) Audits.--(1) On or before June 30 of each year, an
                independent counsel shall prepare a statement of
                expenditures for the 6 months

    [[Page 731]]

                that ended on the immediately preceding March 31. On or
                before December 31 of each year, an independent counsel
                shall prepare a statement of expenditures for the fiscal
                year that ended on the immediately preceding September 30.
                An independent counsel whose office is terminated prior to
                the end of the fiscal year shall prepare a statement of
                expenditures on or before the date that is 90 days after the
                date on which the office is terminated.
                            (2) The Comptroller General shall--

                                    (A) conduct a financial review of a mid-
                                year statement and a financial audit of a
                                year-end statement and statement on
                                termination; and

                                    (B) report the results to the Committee
                                on the Judiciary, Committee on Governmental
                                Affairs, and Committee on Appropriations of
                                the Senate and the Committee on the
                                Judiciary, Committee on Government
                                Operations, and Committee on Appropriations
                                of the House of Representatives not later
                                than 90 days following the submission of
                                each such statement. (Added Oct. 26, 1978,
                                Pub. L. 95-521, Title VI, Sec. 601(a), 92
                                Stat. 1872; Jan. 3, 1983, Pub. L. 97-409,
                                Sec. 2; Dec. 15, 1987, Pub. L. 100-191,
                                Sec. 2, 101 Stat. 1304; June 30, 1994, Pub.
                                L. 103-270, 108 Stat. 735.)

                         Chapter 85.--DISTRICT COURTS: JURISDICTION

         479.2  Sec. 1365. Senate actions.
                    (a) The United States District Court for the District of
                Columbia shall have original jurisdiction, without regard to
                the amount in controversy, over any civil action brought by
                the Senate or any authorized committee or subcommittee of
                the Senate to enforce, to secure a declaratory judgment
                concerning the validity of, or to prevent a threatened
                refusal or failure to comply with, any subpena or order
                issued by the Senate or committee or subcommittee of the
                Senate to any entity acting or purporting to act under color
                or authority of State law or to any natural person to secure
                the production of documents or other materials of any kind
                or the answering of any deposition or interrogatory or to
                secure testimony or any combination thereof. This section
                shall not apply to an action to enforce, to secure a
                declaratory judgment concerning the validity of, or to
                prevent a threatened refusal to comply with, any subpena or
                order issued to an officer or employee of the Federal
                Government acting within his official capacity.
                    (b) Upon application by the Senate or any authorized
                committee or subcommittee of the Senate, the district court
                shall issue an order to an entity or person refusing, or
                failing to comply with, or threatening to refuse or not to
                comply with, a subpena or order of the Senate or committee
                or subcommittee of the Senate requiring such entity or
                person to comply forthwith. Any refusal or failure to obey a
                lawful order of the district court issued pursuant to this
                section may be held by such court to be a contempt thereof.
                A contempt proceeding shall be commenced by an order to show
                cause before the court why the entity or person refusing or
                failing to obey the court order should not be held in
                contempt of court. Such contempt proceeding shall be tried
                by the court and shall be summary in manner. The purpose of
                sanctions imposed as a result of such contempt proceeding
                shall be to compel obedience to the order of the court.
                Process in any such action or con-

    [[Page 732]]

                tempt proceeding may be served in any judicial district
                wherein the entity or party refusing, or failing to comply,
                or threatening to refuse or not to comply, resides,
                transacts business, or may be found, and subpenas for
                witnesses who are required to attend such proceeding may run
                into any other district. Nothing in this section shall
                confer upon such court jurisdiction to affect by injunction
                or otherwise the issuance or effect of any subpena or order
                of the Senate or any committee or subcommittee of the Senate
                or to review, modify, suspend, terminate, or set aside any
                such subpena or order. An action, contempt proceeding, or
                sanction brought or imposed pursuant to this section shall
                not abate upon adjournment sine die by the Senate at the end
                of a Congress if the Senate or the committee or subcommittee
                of the Senate which issued the subpena or order certifies to
                the court that it maintains its interest in securing the
                documents, answers, or testimony during such adjournment.
                    (c) Repealed (Aug. 8, 1984, Sec. 402(29)(D), Pub. L. 98-
                620, 98 Stat. 3359.)
                    (d) The Senate or any committee or subcommittee of the
                Senate commencing and prosecuting a civil action or contempt
                proceeding under this section may be represented in such
                action by such attorneys as the Senate may designate.
                    (e) A civil action commenced or prosecuted under this
                section, may not be authorized pursuant to the Standing
                Order of the Senate ``authorizing suits by Senate
                Committees'' (S. Jour. 572, May 28, 1928).
                    (f) For the purposes of this section the term
                ``committee'' includes standing, select, or special
                committees of the Senate established by law or resolution.
                (Added Oct. 26, 1978, Pub. L. 95-521, Title VII,
                Sec. 705(f)(1), 92 Stat. 1879, Sec. 1364, and amended Pub.
                L. 98-620, Title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat.
                3359; renumbered Sec. 1365, Pub. L. 99-336, Sec. 6(a)(1)(B),
                June 19, 1986, 100 Stat. 638.)

                     Chapter 91.--UNITED STATES COURT OF FEDERAL CLAIMS

         479.3  Sec. 1492. Congressional reference cases.
                    Any bill, except a bill for a pension, may be referred
                by either House of Congress to the chief judge of the United
                States Court of Federal Claims for a report in conformity
                with section 2509 of this title. (June 25, 1948, c. 646, 62
                Stat. 941; Oct. 15, 1966, Pub. L. 89-681, Sec. 1, 80 Stat.
                958. April 2, 1982, Pub. L. 97-164, Title I, 133(b), 96
                Stat. 40; Oct. 29, 1992, Pub. L. 102-572, Title IX,
                Sec. 902(a)(1), 106 Stat. 4516.)

                             Chapter 115.--EVIDENCE; DOCUMENTARY

           480  Sec. 1736. Congressional Journals.
                    Extracts from the Journals of the Senate and the House
                of Representatives, and from the Executive Journal of the
                Senate when the injunction of secrecy is removed, certified
                by the Secretary of the Senate or the Clerk of the House of
                Representatives shall be received in evidence with the same
                effect as the originals would have. (June 25, 1948, ch. 646,
                Sec. 1, 62 Stat. 947.)

    [[Page 733]]

                                Chapter 131.--RULES OF COURTS

         480.3  Sec. 2076. Repealed (Pub. L. 100-702 Sec. 401(c); 102 Stat.
                    4650).

                    Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS
                                         PROCEDURE

         480.5  Sec. 2509. Congressional reference cases.
                    (a) Whenever a bill, except a bill for a pension, is
                referred by either House of Congress to the chief judge of
                the United States Court of Federal Claims pursuant to
                section 1492 of this title, the chief judge shall designate
                a judge as hearing officer for the case and a panel of three
                judges of the court to serve as a reviewing body. One member
                of the review panel shall be designated as presiding officer
                of the panel.
                    (b) Proceedings in a congressional reference case shall
                be under rules and regulations prescribed for the purpose by
                the chief judge who is hereby authorized and directed to
                require the application of the pertinent rules of practice
                of the Court of Federal Claims insofar as feasible. Each
                hearing officer and each review panel shall have authority
                to do and perform any acts which may be necessary or proper
                for the efficient performance of their duties, including the
                power of subpena and the power to administer oaths and
                affirmations. None of the rules, rulings, findings, or
                conclusions authorized by this section shall be subject to
                judicial review.
                    (c) The hearing officer to whom a congressional
                reference case is assigned by the chief judge shall proceed
                in accordance with the applicable rules to determine the
                facts, including facts relating to delay or laches, facts
                bearing upon the question whether the bar of any statute of
                limitation should be removed, or facts claimed to excuse the
                claimant for not having resorted to any established legal
                remedy. He shall append to his findings of fact conclusions
                sufficient to inform Congress whether the demand is a legal
                or equitable claim or a gratuity, and the amount, if any,
                legally or equitably due from the United States to the
                claimant.
                    (d) The findings and conclusions of the hearing officer
                shall be submitted by him, together with the record in the
                case, to the review panel for review by it pursuant to such
                rules as may be provided for the purpose, which shall
                include provision for submitting the report of the hearing
                officer to the parties for consideration, exception, and
                argument before the panel. The panel, by majority vote,
                shall adopt or modify the findings or the conclusions of the
                hearing officer.
                    (e) The panel shall submit its report to the chief judge
                for transmission to the appropriate House of Congress.
                    (f) Any act or failure to act or other conduct by a
                party, a witness, or an attorney which would call for the
                imposition of sanctions under the rules of practice of the
                Court of Federal Claims shall be noted by the panel or the
                hearing officer at the time of occurrence thereof and upon
                failure of the delinquent or offending party, witness, or
                attorney to make prompt compliance with the order of the
                panel or the hearing officer a full statement of the
                circumstances shall be incorporated in the report of the
                panel.
                    (g) The Court of Federal Claims is hereby authorized and
                directed, under such regulations as it may prescribe, to
                provide the facilities and services of the office of the
                clerk of the court for the filing, process-

    [[Page 734]]

                ing, hearing, and dispatch of congressional reference cases
                and to include within its annual appropriations the costs
                thereof and other costs of administration, including (but
                without limitation to the items herein listed) the salaries
                and traveling expenses of the judges serving as hearing
                officers and panel members, mailing and service of process,
                necessary physical facilities, equipment, and supplies, and
                personnel (including secretaries and law clerks). (Oct. 15,
                1966, Pub. L. 89-681, Sec. 2, 80 Stat. 958; April 2, 1982,
                Pub. L. 97-164, Title I, Sec. 139(h), 96 Stat. 42; Oct. 29,
                1992, Pub. L. 102-572, Title IX, Sec. 902(a), 106 Stat.
                4516.)

    [[Page 735]]

                                TITLE 31.--MONEY AND FINANCE

                            Chapter 7.--GENERAL ACCOUNTING OFFICE

           481  Sec. 701. Definitions.
                    In this chapter--
                            (1) ``agency'' includes the District of Columbia
                        government but does not include the legislative
                        branch or the Supreme Court.
                            (2) ``appropriations'' means appropriated
                        amounts and includes, in appropriate context--

                                    (A) funds;

                                    (B) authority to make obligations by
                                contract before appropriations; and

                                    (C) Other authority making amounts
                                available for obligation or expenditure.
                                (Pub. L. 97-258, Sept. 13, 1982, 96 Stat.
                                887.)

         481.1  Sec. 712. Investigating the use of public money.
                    The Comptroller General shall--
                            (1) investigate all matters related to the
                        receipt, disbursement, and use of public money;
                            (2) estimate the cost to the United States
                        Government of complying with each restriction on
                        expenditures of a specific appropriation in a
                        general appropriation law and report each estimate
                        to Congress with recommendations the Comptroller
                        General considers desirable;
                            (3) analyze expenditures of each executive
                        agency the Comptroller General believes will help
                        Congress decide whether public money has been used
                        and expended economically and efficiently;
                            (4) make an investigation and report ordered by
                        either House of Congress or a committee of Congress
                        having jurisdiction over revenue, appropriations, or
                        expenditures; and
                            (5) give a committee of Congress having
                        jurisdiction over revenue, appropriations, or
                        expenditures, the help and information the committee
                        requests. (Pub. L. 97-258, Sept. 13, 1982, 96 Stat.
                        889.)
         481.2  Sec. 717. Evaluating programs and activities of the United
                    States Government.
                    (a) In this section, ``agency'' means a department,
                agency, or instrumentality of the United States Government
                (except a mixed-ownership Government corporation) or the
                District of Columbia government.
                    (b) The Comptroller General shall evaluate the results
                of a program or activity the Government carries out under
                existing law--
                            (1) on the initiative of the Comptroller
                        General;
                            (2) when either House of Congress orders an
                        evaluation; or
                            (3) when a committee of Congress with
                        jurisdiction over the program or activity requests
                        the evaluation.
                    (c) The Comptroller General shall develop and recommend
                to Congress ways to evaluate a program or activity the
                Government carries out under existing law.
                    (d)(1) On request of a committee of Congress, the
                Comptroller General shall help the committee to--

    [[Page 736]]

                            (A) develop a statement of legislative goals and
                        ways to assess and report program performance
                        related to the goals, including recommended ways to
                        assess performance, information to be reported,
                        responsibility for reporting, frequency of reports
                        and feasibility of pilot testing; and
                            (B) assess program evaluations prepared by and
                        for an agency.
                    (2) On request of a member of Congress, the Comptroller
                General shall give the member a copy of the material the
                Comptroller General compiles in carrying out this subsection
                that has been released by the committee for which the
                material was compiled. (Pub. L. 97-258, Sept. 13, 1982, 96
                Stat. 893.)
         481.3  Sec. 718. Availability of draft reports.
                    (a) A draft report of an audit under section 714 of this
                title shall be submitted to the Financial Institutions
                Examination Council, the Federal Reserve Board, the Federal
                Deposit Insurance Corporation, or the Office of the
                Comptroller of the Currency for comment for 30 days.
                    (b)(1) The Comptroller General may submit a part of a
                draft report to an agency for comment for more than 30 days
                only if the Comptroller General decides, after a showing by
                the agency, that a longer period is necessary and likely to
                result in a more accurate report. The report may not be
                delayed because the agency does not comment within the
                comment period.
                    (2) When a draft report is submitted to an agency for
                comment, the Comptroller General shall make the draft report
                available on request to--
                            (A) either House of Congress, a committee of
                        Congress, or a member of Congress if the report was
                        begun because of a request of the House, committee,
                        or member; or
                            (B) the Committee on Governmental Affairs of the
                        Senate and the Committee on Government Operations of
                        the House of Representatives if the report was not
                        begun because of a request of either House of
                        Congress, a committee of Congress, or a member of
                        Congress.
                    (3) This subsection is subject to statutory and
                executive order guidelines for handling and storing
                classified information and material.
                    (c) A final report of the Comptroller General shall
                include--
                            (1) a statement of significant changes of a
                        finding, conclusion, or recommendation in an earlier
                        draft report because of comments on the draft by an
                        agency;
                            (2) a statement of the reasons the changes were
                        made; and
                            (3) for a draft report submitted under
                        subsection (a) of this section, written comments of
                        the agency submitted during the comment period.
                        (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 894.)
         481.4  Sec. 719. Comptroller General reports.
                    (a) At the beginning of each regular session of
                Congress, the Comptroller General shall report to Congress
                (and to the President when requested by the President) on
                the work of the Comptroller General. A report shall include
                recommendations on--
                            (1) legislation the Comptroller General
                        considers necessary to make easier the prompt and
                        accurate making and settlement of accounts; and

    [[Page 737]]

                            (2) other matters related to the receipt,
                        disbursement, and use of public money the
                        Comptroller General considers advisable.
                    (b)(1) the Comptroller General shall include in the
                report to Congress under subsection (a) of this section--
                            (A) a review of activities under sections 717
                        (b)-(d) and 731(e)(2) of this title, including
                        recommendations under section 717(c) of this title;
                            (B) information on carrying out duties and
                        powers of the Comptroller General under clauses (A)
                        and (C) of this paragraph, subsections (g) and (h)
                        of this section, and sections 717, 731(e)(2), 734,
                        1112, and 1113 of this title; and
                            (C) the name of each officer and employee of the
                        General Accounting Office assigned or detailed to a
                        committee of Congress, the committee to which the
                        officer or employee is assigned or detailed, the
                        length of the period of assignment or detail, a
                        statement on whether the assignment or detail is
                        finished or continuing, and compensation paid out of
                        appropriations available to the Comptroller General
                        for the period of the assignment or detail that has
                        been completed.
                    (2) In a report under subsection (a) of this section or
                in a special report to Congress when Congress is in session,
                the Comptroller General shall include recommendations on
                greater economy and efficiency in public expenditures.
                    (c) The Comptroller General shall report to Congress--
                            (1) specially on expenditures and contracts an
                        agency makes in violation of law;
                            (2) on the adequacy and effectiveness of--

                                    (A) administrative audits of accounts
                                and claims in an agency; and

                                    (B) inspections by an agency of offices
                                and accounts of fiscal officials; and

                            (3) as frequently as practicable on audits
                        carried out under sections 713 and 714 of this
                        title.
                    (d) The Comptroller General shall report each year to
                the Committees on Finance and Governmental Affairs of the
                Senate, the Committees on Ways and Means and Government
                Operations of the House of Representatives, and the Joint
                Committee on Taxation. Each report shall include--
                            (1) procedures and requirements the Comptroller
                        General, the Commissioner of Internal Revenue, and
                        the Director of the Bureau of Alcohol, Tobacco, and
                        Firearms, prescribe to protect the confidentiality
                        of returns and return information made available to
                        the Comptroller General under section 713(b)(1) of
                        this title;
                            (2) the scope and subject matter of audits under
                        section 713 of this title; and
                            (3) findings, conclusions, or recommendations
                        the Comptroller General develops as a result of an
                        audit under section 713 of this title, including
                        significant evidence of inefficiency or
                        mismanagement.
                    (e) The Comptroller General shall report on analyses
                carried out under section 712(3) of this title to the
                Committees on Governmental Affairs and Appropriations of the
                Senate, the Committees on Government Oper-

    [[Page 738]]

                ations and Appropriations of the House, and the committees
                with jurisdiction over legislation related to the operation
                of each executive agency.
                    (f) The Comptroller General shall give the President
                information on expenditures and accounting the President
                requests.
                    (g) When the Comptroller General submits a report to
                Congress, the Comptroller General shall deliver copies of
                the report to--
                            (1) the Committees on Governmental Affairs and
                        Appropriations of the Senate;
                            (2) the Committees on Government Operations and
                        Appropriations of the House;
                            (3) a committee of Congress that requested
                        information on any part of a program or activity of
                        a department, agency, or instrumentality of the
                        United States Government (except a mixed-ownership
                        Government corporation) or the District of Columbia
                        government that is the subject of any part of a
                        report; and
                            (4) any other committee of Congress requesting a
                        copy.
                    (h)(1) The Comptroller General shall prepare--
                            (A) each month a list of reports issued during
                        the prior month; and
                            (B) at least once each year a list of reports
                        issued during the prior 12 months.
                    (2) A copy of each list shall be sent to each committee
                of Congress and each member of Congress. On request, the
                Comptroller General promptly shall provide a copy of a
                report to a committee or member.
                    (i) On request of a committee of Congress, the
                Comptroller General shall explain to and discuss with the
                committee or committee staff a report the Comptroller
                General makes that would help the committee--
                            (1) evaluate a program or activity of an agency
                        within the jurisdiction of the committee; or
                            (2) in its consideration of proposed
                        legislation. (Pub. L. 97-258, Sept. 13, 1982, 96
                        Stat. 894.)
         481.5  Sec. 720. Agency reports.
                    (a) In this section, ``agency'' means a department,
                agency, or instrumentality of the United States Government
                (except a mixed-ownership Government corporation) or the
                District of Columbia government.
                    (b) When the Comptroller General makes a report that
                includes a recommendation to the head of an agency, the head
                of the agency shall submit a written statement on action
                taken on the recommendation by the head of the agency. The
                statement shall be submitted to--
                            (1) The Committee on Governmental Affairs of the
                        Senate and the Committee on Government Operations of
                        the House of Representatives before the 61st day
                        after the date of the report; and
                            (2) The Committees on Appropriations of both
                        Houses of Congress in the first request for
                        appropriations submitted more than 60 days after the
                        date of the report. (Pub. L. 97-258, Sept. 13, 1982,
                        96 Stat. 896.)
         481.6  Sec. 734. Assignments and details to Congress.
                    The Comptroller General may assign or detail an officer
                or employee of the General Accounting Office to full-time
                continuous duty with a committee of Congress for not more
                than one year.

    [[Page 739]]

                  Chapter 11.--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM
                                        INFORMATION

           482  Sec. 1101. Definitions.
                    In this chapter--
                            (1) ``agency'' includes the District of Columbia
                        government but does not include the legislative
                        branch or the Supreme Court.
                            (2) ``appropriations'' means appropriated
                        amounts and includes, in appropriate context--

                                    (A) funds;

                                    (B) authority to make obligations by
                                contract before appropriations; and

                                    (C) other authority making amounts
                                available for obligation or expenditure.
                                (Pub. L. 97-258, Sept. 13, 1982, 96 Stat.
                                907.)

         482.1  Sec. 1102. Fiscal year.
                    The fiscal year of the Treasury begins on October 1 of
                each year and ends on September 30 of the following year.
                Accounts of receipts and expenditures required under law to
                be published each year shall be published for the fiscal
                year. (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
           483  Sec. 1103. Budget ceiling.
                    Congress reaffirms its commitment that budget outlays of
                the United States Government for a fiscal year may be not
                more than the receipts of the Government for that year.
                (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
         483.1  Sec. 1104. Budget and appropriations authority of the
                    President.
                    (a) The President shall prepare budgets of the United
                States Government under section 1105 of this title and
                proposed deficiency and supplemental appropriations under
                section 1107 of this title. To the extent practicable, the
                President shall use uniform terms in stating the purposes
                and conditions of appropriations.
                    (b) Except as provided in this chapter, the President
                shall prescribe the contents and order of statements in the
                budget on expenditures and estimated expenditures and
                statements on proposed appropriations and information
                submitted with the budget and proposed appropriations. The
                President shall include with the budget and proposed
                appropriations information on personnel and other objects of
                expenditure in the way that information was included in the
                budget for fiscal year 1950. However, the requirement that
                information be included in the budget in that way may be
                waived or changed by joint action of the Committees on
                Appropriations of both Houses of Congress. This subsection
                does not limit the authority of a committee of Congress to
                request information in a form it prescribes.
                    (c) When the President makes a basic change in the form
                of the budget, the President shall submit with the budget
                information showing where items in the budget for the prior
                fiscal year are contained in the present budget. However,
                the President may change the functional categories in the
                budget only in consultation with the Committees on
                Appropriations and on the Budget of both Houses of Congress.
                Committees of the House of Representatives and Senate shall
                receive prompt notification of all such changes.

    [[Page 740]]

                    (d) The President shall develop programs and prescribe
                regulations to improve the compilation, analysis,
                publication, and dissemination of statistical information by
                executive agencies. The President shall carry out this
                subsection through the Administrator for the Office of
                Information and Regulatory Affairs in the Office of
                Management and Budget.
                    (e) Under regulations prescribed by the President, each
                agency shall provide information required by the President
                in carrying out this chapter. The President has access to,
                and may inspect, records of an agency to obtain information.
                (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99-
                177, Dec. 12, 1985, 99 Stat. 1060.)
           484  Sec. 1105. Budget contents and submission to Congress.
                    (a) On or after the first Monday in January but not
                later than the first Monday in February of each year, the
                President shall submit a budget of the United States
                Government for the following fiscal year. Each budget shall
                include a budget message and summary and supporting
                information. The President shall include in each budget the
                following:
                            (1) information on activities and functions of
                        the Government;
                            (2) when practicable, information on costs and
                        achievements of Government programs;
                            (3) other desirable classifications of
                        information;
                            (4) a reconciliation of the summary information
                        on expenditures with proposed appropriations;
                            (5) except as provided in subsection (b) of this
                        section, estimated expenditures and proposed
                        appropriations the President decides are necessary
                        to support the Government in the fiscal year for
                        which the budget is submitted and the 4 fiscal years
                        after that year;
                            (6) estimated receipts of the Government in the
                        fiscal year for which the budget is submitted and
                        the 4 fiscal years after that year under--

                                    (A) laws in effect when the budget is
                                submitted; and

                                    (B) proposals in the budget to increase
                                revenues;

                            (7) appropriations, expenditures, and receipts
                        of the Government in the prior fiscal year;
                            (8) estimated expenditures and receipts, and
                        appropriations and proposed appropriations, of the
                        Government for the current fiscal year;
                            (9) balanced statement of the--

                                    (A) condition of the Treasury at the end
                                of the prior fiscal year;

                                    (B) estimated condition of the Treasury
                                at the end of the current fiscal year; and

                                    (C) estimated condition of the Treasury
                                at the end of the fiscal year for which the
                                budget is submitted if financial proposals
                                in the budget are adopted;

                            (10) essential information about the debt of the
                        Government;
                            (11) other financial information the President
                        decides is desirable to explain in practicable
                        detail the financial condition of the Government;
                            (12) for each proposal in the budget for
                        legislation that would establish or expand a
                        Government activity or function, a table showing--

    [[Page 741]]

                                    (A) the amount proposed in the budget
                                for appropriation and for expenditure
                                because of the proposal in the fiscal year
                                for which the budget is submitted; and

                                    (B) the estimated appropriation required
                                because of the proposal for each of the 4
                                fiscal years after that year that the
                                proposal will be in effect;

                            (13) an allowance for additional estimated
                        expenditures and proposed appropriations for the
                        fiscal year for which the budget is submitted;
                            (14) an allowance for unanticipated
                        uncontrollable expenditures for that year;
                            (15) a separate statement on each of the items
                        referred to in section 301(a) (1)-(5) of the
                        Congressional Budget Act of 1974 (2 U.S.C. 632(a)
                        (1)-(5));
                            (16) the level of tax expenditures under
                        existing law in the tax expenditures budget (as
                        defined in section 3(a)(3) of the Congressional
                        Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the
                        fiscal year for which the budget is submitted,
                        considering projected economic factors and changes
                        in the existing levels based on proposals in the
                        budget;
                            (17) information on estimates of appropriations
                        for the fiscal year following the fiscal year for
                        which the budget is submitted for grants, contracts,
                        and other payments under each program for which
                        there is an authorization of appropriations for that
                        following fiscal year when the appropriations are
                        authorized to be included in an appropriation law
                        for the fiscal year before the fiscal year in which
                        the appropriation is to be available for obligation;
                            (18) a comparison of the total amount of budget
                        outlays for the prior fiscal year, estimated in the
                        budget submitted for that year, for each major
                        program having relatively uncontrollable outlays
                        with the total amount of outlays for that program in
                        that year;
                            (19) a comparison of the total amount of
                        receipts for the prior fiscal year, estimated in the
                        budget submitted for that year, with receipts
                        received in that year, and for each major source of
                        receipts, a comparison of the amount of receipts
                        estimated in that budget with the amount of receipts
                        from that source in that year;
                            (20) an analysis and explanation of the
                        differences between each amount compared under
                        clauses (18) and (19) of this subsection.
                            (21) a horizontal budget showing--

                                    (A) the program for meteorology and the
                                National Climate Program established under
                                section 5 of the National Climate Program
                                Act (15 U.S.C. 2904);

                                    (B) specific aspects of the program of,
                                and appropriations for, each agency; and

                                    (C) estimated goals and financial
                                requirements.

                            (22) a statement of budget authority, proposed
                        budget authority, budget outlays, and proposed
                        budget outlays, and descriptive information in terms
                        of--

                                    (A) a detailed structure of national
                                needs that refers to the missions and
                                programs of agencies (as defined in section
                                101 of this title); and

                                    (B) the missions and basic programs;

    [[Page 742]]

                            (23) separate appropriation accounts for
                        appropriations under the Occupational Safety and
                        Health Act of 1970 (29 U.S.C. 651 et seq.) and the
                        Federal Mine Safety and Health Act of 1977 (30
                        U.S.C. 801 et seq.);
                            (24) recommendations on the return of Government
                        capital to the Treasury by a mixed-ownership
                        corporation (as defined in section 9101 (2) of this
                        title) that the President decides are desirable;
                            (25) a separate appropriation account for
                        appropriations for each Office of Inspector General
                        of an establishment defined under section 11(2) of
                        the Inspector General Act of 1978.
                            (26) an analysis, prepared by the Office of
                        Management and Budget after consultation with the
                        chairman of the Council of Economic Advisers, of the
                        budget'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 for which the budget is submitted--

                                    (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.

                            (27) a separate statement of the amount of
                        appropriations requested for the Office of National
                        Drug Control Policy and each program of the National
                        Drug Control Program.
                            (28) a separate statement of the amount of
                        appropriations requested for the Office of Federal
                        Financial Management.
                            (29) beginning with fiscal year 1999, a Federal
                        Government performance plan for the overall budget
                        as provided for under section 1115.
                            (30) information about the Violent Crime
                        Reduction Trust Fund, including a separate statement
                        of amounts in that Trust Fund.
                            (31) an analysis displaying, by agency, proposed
                        reductions in full-time equivalent positions
                        compared to the current year's level in order to
                        comply with section 5 of the Federal Workforce
                        Restructuring Act of 1994.
                    (b) Estimated expenditures and proposed appropriations
                for the legislative branch and the judicial branch to be
                included in each budget under subsection (a)(5) of this
                section shall be submitted to the President before October
                16 of each year and included in the budget by the President
                without change.
                    (c) The President shall recommend in the budget
                appropriate action to meet an estimated deficiency when the
                estimated receipts for the fiscal year for which the budget
                is submitted (under laws in effect when the budget is
                submitted) and the estimated amounts in the Treasury

    [[Page 743]]

                at the end of the current fiscal year available for
                expenditure in the fiscal year for which the budget is
                submitted, are less than the estimated expenditures for that
                year. The President shall make recommendations required by
                the public interest when the estimated receipts and
                estimated amounts in the Treasury are more than the
                estimated expenditures.
                    (d) When the President submits a budget or supporting
                information about a budget, the President shall include a
                statement on all changes about the current fiscal year that
                were made before the budget or information was submitted.
                    (e)(1) The President shall submit with materials related
                to each budget transmitted under subsection (a) on or after
                January 1, 1985, an analysis for the ensuing fiscal year
                that shall identify requested appropriations or new
                obligational authority and outlays for each major program
                that may be classified as a public civilian capital
                investment program and for each major program that may be
                classified as a military capital investment program, and
                shall contain summaries of the total amount of such
                appropriations or new obligational authority and outlays for
                public civilian capital investment programs and summaries of
                the total amount of such appropriations or new obligational
                authority and outlays for military capital investment
                programs. In addition, the analysis under this paragraph
                shall contain--
                            (A) an estimate of the current service levels of
                        public civilian capital investment and of military
                        capital investment and alternative high and low
                        levels of such investments over a period of ten
                        years in current dollars and over a period of five
                        years in constant dollars;
                            (B) the most recent assessment analysis and
                        summary, in a standard format, of public civilian
                        capital investment needs in each major program area
                        over a period of ten years;
                            (C) an identification and analysis of the
                        principal policy issues that effect estimated public
                        civilian capital investment needs for each major
                        program; and
                            (D) an identification and analysis of factors
                        that affect estimated public civilian capital
                        investment needs for each major program, including
                        but not limited to the following factors:

                                    (i) economic assumptions;

                                    (ii) engineering standards;

                                    (iii) estimates of spending for
                                operation and maintenance;

                                    (iv) estimates of expenditures for
                                similar investments by State and local
                                governments; and

                                    (v) estimates of demand of public
                                services derived from such capital
                                investments and estimates of the service
                                capacity of such investments. To the extent
                                that any analysis required by this paragraph
                                relates to any program for which Federal
                                financial assistance is distributed under a
                                formula prescribed by law, such analysis
                                shall be organized by State and within each
                                State by major metropolitan area if data are
                                available.

                    (2) For purposes of this subsection, any appropriation,
                new obligational authority, or outlay shall be classified as
                a public civilian capital investment to the extent that such
                appropriation, authority, or outlay will be used for the
                construction, acquisition, or rehabilitation of any physical
                asset that is capable of being used to produce services or
                other benefits

    [[Page 744]]

                for a number of years and is not classified as a military
                capital investment under paragraph (3). Such assets shall
                include (but not be limited to)--
                            (A) roadways or bridges,
                            (B) airports or airway facilities,
                            (C) mass transportation systems,
                            (D) wastewater treatment or related facilities,
                            (E) water resources projects,
                            (F) hospitals,
                            (G) resource recovery facilities,
                            (H) public buildings,
                            (I) space or communications facilities,
                            (J) railroads, and
                            (K) federally assisted housing,
                    (3) For purposes of this subsection, any appropriation,
                new obligational authority, or outlay shall be classified as
                a military capital investment to the extent that such
                appropriation authority, or outlay will be used for the
                construction, acquisition, or rehabilitation of any physical
                asset that is capable of being used to produce services or
                other benefits for purposes or national defense and security
                for a number of years. Such assets shall include military
                bases, posts, installations, and facilities.
                    (4) Criteria and guidelines for use in the
                identification of public civilian and military capital
                investments, for distinguishing between public civilian and
                military capital investments, and for distinguishing between
                major and nonmajor capital investment programs shall be
                issued by the Director of the Office of Management and
                Budget after consultation with the Comptroller General and
                the Congressional Budget Office. The analysis under the
                subsection shall be accompanied by an explanation of such
                criteria and guidelines.
                    (5) For purposes of this subsection--
                            (A) the term ``construction'' includes the
                        design, planning, and erection of new structures and
                        facilities, the expansion of existing structures and
                        facilities, the reconstruction of a project at an
                        existing site or adjacent to an existing site, and
                        the installation of initial and replacement
                        equipment for such structures and facilities;
                            (B) the term ``acquisition'' includes the
                        addition of land, sites, equipment, structures,
                        facilities, or rolling stock by purchase, lease-
                        purchase, trade, or donation; and
                            (C) the term ``rehabilitation'' includes the
                        alteration of or correction of deficiencies in an
                        existing structure or facility so as to extend the
                        useful life or improve the effectiveness of the
                        structure or facility, replacement of equipment at
                        an existing structure or facility, the modernization
                        or and the modernization of, or replacement of parts
                        for, rolling stock.
                    (f) The budget transmitted pursuant to subsection (a)
                for a fiscal year shall be prepared in a manner consistent
                with the requirements of the Balanced Budget and Emergency
                Deficit Control Act of 1985 that apply to that and
                subsequent fiscal years.
                    (g)(1) The Director of the Office of Management and
                Budget shall establish the funding for advisory and
                assistance services for each department and agency as a
                separate object class in each budget annually submitted to
                the Congress under this section.

    [[Page 745]]

                    (2)(A) In paragraph (1), except as provided in
                subparagraph (B), the term ``advisory and assistance
                services'' means the following services when provided by
                nongovernment sources:
                            (i) Management and professional support
                        services.
                            (ii) Studies, analyses, and evaluations.
                            (iii) Engineering and technical services.
                    (B) In paragraph (1), the term ``advisory and assistance
                services'' does not include the following services:
                            (i) Routine automated data processing and
                        telecommunications services unless such services are
                        an integral part of a contract for the procurement
                        of advisory and assistance services.
                            (ii) Architectural and engineering services, as
                        defined in section 901 of the Brooks Architect-
                        Engineers Act (40 U.S.C. 541).
                            (iii) Research on basic mathematics or medical,
                        biological, physical, social, psychological, or
                        other phenomena. (Pub. L. 97-258, Sept. 13, 1982, 96
                        Stat. 908; Pub. L. 97-452, Sec. i(2), Jan. 12, 1983,
                        96 Stat. 2467; Pub. L. 98-501, Title II, Sec. 203,
                        Oct. 19, 1984, 98 Stat. 2324; Pub. L. 99-177, Title
                        II, Sec. 241, Dec. 12, 1985, 99 Stat. 1063; Pub. L.
                        100-119, Title I, Sec. 106(f), Sept. 29, 1987, 101
                        Stat. 781; Pub. L. 101-508, Title XIII,
                        Sec. 13112(c), Nov. 5, 1990, 104 Stat. 1388-608;
                        Pub. L. 101-576, Title II, Sec. 203(b), Nov. 15,
                        1990, 104 Stat. 2841; Pub. L. 103-62, Aug. 3, 1993,
                        107 Stat. 286; Pub. L. 103-322, Sept. 13, 1994, 108
                        Stat. 2103; Pub. L. 103-355, Oct. 13, 1994, 108
                        Stat. 3326.)
         484.1  Sec. 1106. Supplemental budget estimates and changes.
                    (a) Before July 16 of each year, the President shall
                submit to Congress a supplemental summary of the budget for
                the fiscal year for which the budget is submitted under
                section 1105(a) of this title. The summary shall include--
                            (1) for that fiscal year--

                                    (A) substantial changes in or
                                reappraisals of estimates of expenditures
                                and receipts;

                                    (B) substantial obligations imposed on
                                the budget after its submission;

                                    (C) current information on matters
                                referred to in section 1105(a) (8) and (9)
                                (B) and (C) of this title; and

                                    (D) additional information the President
                                decides is advisable to provide Congress
                                with complete and current information about
                                the budget and current estimates of the
                                functions, obligations, requirements, and
                                financial condition of the United States
                                Government.

                            (2) for the 4 fiscal years following the fiscal
                        year for which the budget is submitted, information
                        on estimated expenditures for programs authorized to
                        continue in future years, or that are considered
                        mandatory, under law; and
                            (3) for future fiscal years, information on
                        estimated expenditures of balances carried over from
                        the fiscal year for which the budget is submitted.
                    (b) Before July 16 of each year, the President shall
                submit to Congress a statement of changes in budget
                authority requested, estimated budget outlays, and estimated
                receipts for the fiscal year for which the budget is
                submitted (including prior changes proposed for the
                executive branch of the Government) that the President
                decides are necessary and appro-

    [[Page 746]]

                priate based on current information. The statement shall
                include the effect of those changes on the information
                submitted under section 1105(a)(1)-(14) and (b) of this
                title and shall include supporting information as
                practicable. The statement submitted before July 16 may be
                included in the information submitted under subsection
                (a)(1) of this section.
                    (c) Subsection (f) of section 1105 shall apply to
                revisions and supplemental summaries submitted under this
                section to the same extent that such subsection applies to
                the budget submitted under section 1105(a) to which such
                revisions and summaries relate. (Pub. L. 97-258, Sept. 13,
                1982, 96 Stat. 911; Pub. L. 99-77 Title II, Sec. 242, Dec.
                12, 1985, Stat. 1063.)
           485  Sec. 1107. Deficiency and supplemental appropriations.
                    The President may submit to Congress proposed deficiency
                and supplemental appropriations the President decides are
                necessary because of laws enacted after the submission of
                the budget or that are in the public interest. The President
                shall include the reasons for the submission of the proposed
                appropriations and the reasons the proposed appropriations
                were not included in the budget. When the total proposed
                appropriations would have required the President to make a
                recommendation under section 1105(c) of this title if they
                had been included in the budget, the President shall make a
                recommendation under that section. (Pub. L. 97-258, Sept.
                13, 1982, 96 Stat. 911.)
         485.1  Sec. 1108. Preparation and submission of appropriations
                    requests to the President.
                    (a) In this section (except subsections (b)(1) and (e)),
                ``agency'' means a department, agency, or instrumentality of
                the United States Government.
                    (b)(1) The head of each agency shall prepare and submit
                to the President each appropriation request for the agency.
                The request shall be prepared and submitted in the form
                prescribed by the President under this chapter and by the
                date established by the President. When the head of an
                agency does not submit a request by that date, the President
                shall prepare the request for the agency to be included in
                the budget or changes in the budget or as deficiency and
                supplemental appropriations. The President may change agency
                appropriation requests. Agency appropriation requests shall
                be developed from cost-based budgets in the way and at times
                prescribed by the President. The head of the agency shall
                use the cost-based budget to administer the agency and to
                divide appropriations or amounts.
                    (2) An officer or employee of an agency in the executive
                branch may submit to the President or Congress a request for
                legislation authorizing deficiency or supplemental
                appropriations for the agency only with the approval of the
                head of the agency.
                    (c) The head of an agency shall include with an
                appropriation request submitted to the President a report
                that the statement of obligations submitted with the request
                contains obligations consistent with section 1501 of this
                title. The head of the agency shall support the report with
                a certification of the consistency and shall support the
                certification with records showing that the amounts have
                been obligated. The head of the agency shall designate
                officials to make the certifications, and

    [[Page 747]]

                those officials may not delegate the duty to make the
                certifications. The certifications and records shall be kept
                in the agency--
                            (1) in a form that makes audits and
                        reconciliations easy; and
                            (2) for a period necessary to carry out audits
                        and reconciliations.
                    (d) To the extent practicable, the head of an agency
                shall--
                            (1) provide information supporting the agency's
                        budget request for its missions by function and
                        subfunction (including the mission of each
                        organizational unit of the agency); and
                            (2) relate the agency's programs to its
                        missions.
                    (e) Except as provided in subsection (f) of this
                section, an officer or employee of an agency (as defined in
                section 1101 of this title) may submit to Congress or a
                committee of Congress an appropriations estimate or request,
                a request for an increase in that estimate or request, or a
                recommendation on meeting the financial needs of the
                Government only when requested by either House of Congress.
                    (f) The Interstate Commerce Commission shall submit to
                Congress copies of budget estimates, requests, and
                information (including personnel needs), legislative
                recommendations, prepared testimony for congressional
                hearings, and comments on legislation at the same time they
                are sent to the President or the Office of Management and
                Budget. An officer of an agency may not impose conditions on
                or impair communication by the Commission with Congress, or
                a committee or member of Congress, about the information.
                    (g) Amounts available under law are available for field
                examinations of appropriation estimates. The use of the
                amounts is subject only to regulations prescribed by the
                appropriate standing committees of Congress. (Pub. L. 97-
                258, Sept. 13, 1982, 96 Stat. 912.)
           486  Sec. 1109. Current programs and activities estimates.
                    (a) On or before the first Monday after January 3 of
                each year (on or before February 5 in 1986), the President
                shall submit to both Houses of Congress the estimated budget
                outlays and proposed budget authority that would be included
                in the budget for the following fiscal year if programs and
                activities of the United States Government were carried on
                during that year at the same level as the current fiscal
                year without a change in policy. The President shall state
                the estimated budget outlays and proposed budget authority
                by function and subfunction under the classifications in the
                budget summary table under the heading ``Budget Authority
                and Outlays by Function and Agency'', by major programs in
                each function, and by agency. The President also shall
                include a statement of the economic and program assumptions
                on which those budget outlays and budget authority are
                based, including inflation, real economic growth, and
                unemployment rates, program caseloads, and pay increases.
                    (b) The Joint Economic Committee shall review the
                estimated budget outlays and proposed budget authority and
                submit an economic evaluation of the budget outlays and
                budget authority to the Committees on the Budget of both
                Houses before March 1 of each year. (Pub. L. 97-258, Sept.
                13, 1982, 96 Stat. 913; Pub. L. 99-177, Title II, Sec. 222,
                Dec. 12, 1985, 99 Stat. 1060.)
         486.1  Sec. 1110. Year-ahead requests for authorizing legislation.
                    A request to enact legislation authorizing new budget
                authority to continue a program or activity for a fiscal
                year shall be submitted to

    [[Page 748]]

                Congress before May 16 of the year before the year in which
                the fiscal year begins. If a new program or activity will
                continue for more than one year, the request must be
                submitted for at least the first and second fiscal years.
                (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.)
           487  Sec. 1111. Improving economy and efficiency.
                    To improve economy and efficiency in the United States
                Government, the President shall--
                            (1) make a study of each agency to decide, and
                        may send Congress recommendations, on changes that
                        should be made in--

                                    (A) the organization, activities, and
                                business methods of agencies;

                                    (B) agency appropriations;

                                    (C) the assignment of particular
                                activities to particular services; and

                                    (D) regrouping of services; and

                            (2) evaluate and develop improved plans for the
                        organization, coordination, and management of the
                        executive branch of the Government. (Pub. L. 97-258,
                        Sept. 13, 1982, 96 Stat. 913.)
         487.1  Sec. 1112. Fiscal, budget, and program information.
                    (a) In this section, ``agency'' means a department,
                agency, or instrumentality of the United States Government
                except a mixed/ownership Government corporation.
                    (b) In cooperation with the Comptroller General, the
                Secretary of the Treasury and the Director of the Office of
                Management and Budget shall establish and maintain standard
                data processing and information systems for fiscal, budget,
                and program information for use by agencies to meet the
                needs of the Government, and to the extent practicable, of
                State and local governments.
                    (c) The Comptroller General--
                            (1) in cooperation with the Secretary, the
                        Director of the Office of Management and Budget, and
                        the Director of the Congressional Budget Office,
                        shall establish, maintain, and publish standard
                        terms and classifications for fiscal, budget, and
                        program information of the Government, including
                        information on fiscal policy, receipts,
                        expenditures, program, projects, activities, and
                        functions;
                            (2) when advisable, shall report to Congress on
                        those terms and classifications, and recommend
                        legislation necessary to promote the establishment,
                        maintenance, and use of standard terms and
                        classifications by the executive branch of the
                        Government; and
                            (3) in carrying out this subsection, shall give
                        particular consideration to the needs of the
                        Committees on Appropriations and on the Budget of
                        both Houses of Congress, the Committee on Ways and
                        Means of the House, the Committee on Finance of the
                        Senate, and the Congressional Budget Office.
                    (d) Agencies shall use the standard terms and
                classifications published under subsection (c)(1) of this
                section in providing fiscal, budget, and program information
                to Congress.
                    (e) In consultation with the President, the head of each
                executive agency shall take actions necessary to achieve to
                the extent possible--
                            (1) consistency in budget and accounting
                        classifications;
                            (2) synchronization between those
                        classifications and organizational structure; and

    [[Page 749]]

                            (3) information by organizational unit on
                        performance and program costs to support budget
                        justifications.
                    (f) In cooperation with the Director of the
                Congressional Budget Office, the Comptroller General, and
                appropriate representatives of State and local governments,
                the Director of the Office of Management and Budget (to the
                extent practicable) shall provide State and local
                governments with fiscal, budget, and program information
                necessary for accurate and timely determination by those
                governments of the impact on their budget of assistance of
                the United States Government. (Pub. L. 97-258, Sept. 13,
                1982, 96 Stat. 913.)
           488  Sec. 1113. Congressional information.
                    (a)(1) When requested by a committee of Congress having
                jurisdiction over receipts or appropriations, the President
                shall provide the committee with assistance and information.
                    (2) When requested by a committee of Congress,
                additional information related to the amount of an
                appropriation originally requested by an Office of Inspector
                General shall be submitted to the committee.
                    (b) When requested by a committee of Congress, by the
                Comptroller General, or by the Director of the Congressional
                Budget Office, the Secretary of the Treasury, the Director
                of the Office of Management and Budget, and the head of each
                executive agency shall--
                            (1) provide information on the location and kind
                        of available fiscal, budget, and program
                        information;
                            (2) to the extent practicable, prepare summary
                        tables of that fiscal, budget, and program
                        information and related information the committee,
                        the Comptroller General, or the Director of the
                        Congressional Budget Office considers necessary; and
                            (3) provide a program evaluation carried out or
                        commissioned by an executive agency.
                    (c) In cooperation with the Director of the
                Congressional Budget Office, the Secretary, and the Director
                of the Office of Management and Budget, and Comptroller
                General shall--
                            (1) establish and maintain a current directory
                        of sources of, and information systems for, fiscal,
                        budget, and program information and a brief
                        description of the contents of each source and
                        system;
                            (2) when requested, provide assistance to
                        committees of Congress and members of Congress in
                        obtaining information from the sources in the
                        directory; and
                            (3) when requested, provide assistance to
                        committees and, to the extent practicable, to
                        members of Congress in evaluating the information
                        obtained from the sources in the directory.
                    (d) To the extent they consider necessary, the
                Comptroller General and the Director of the Congressional
                Budget Office individually or jointly shall establish and
                maintain a file of information to meet recurring needs of
                Congress for fiscal, budget, and program information to
                carry out this section and sections 717 and 1112 of this
                title. The file shall include information on budget
                requests, congressional authorizations to obligate and
                expend, apportionment and reserve actions, and obligations
                and expenditures. The Comptroller General and the Director
                shall maintain the file and an index to the file so that it
                is easier for the committees and agencies of Congress to use
                the file and index through data processing and
                communications techniques.
                    (e)(1) The Comptroller General shall--

    [[Page 750]]

                            (A) carry out a continuing program to identify
                        the needs of committees and members of Congress for
                        fiscal, budget, and program information to carry out
                        this section and section 1112 of this title;
                            (B) assist committees of Congress in developing
                        their information needs;
                            (C) monitor recurring reporting requirements of
                        Congress and committees; and
                            (D) make recommendations to Congress and
                        committees for changes and improvements in those
                        reporting requirements to meet information needs
                        identified by the Comptroller General, to improve
                        their usefulness to congressional users, and to
                        eliminate unnecessary reporting.
                    (2) Before September 2 of each year, the Comptroller
                General shall report to Congress on--
                            (A) the needs identified under paragraph (1)(A)
                        of this subsection;
                            (B) the relationship of those needs to existing
                        reporting requirements;
                            (C) the extent to which reporting by the
                        executive branch of the United States Government
                        currently meets the identified needs;
                            (D) the changes to standard classifications
                        necessary to meet congressional needs;
                            (E) activities, progress, and results of the
                        program of the Comptroller General under paragraph
                        (1) (B)-(D) of this subsection; and
                            (F) progress of the executive branch in the
                        prior year.
                    (3) Before March 2 of each year, the Director of the
                Office of Management and Budget and the Secretary shall
                report to Congress on plans for meeting the needs identified
                under paragraph (1)(A) of this subsection, including--
                            (A) plans for carrying out changes to
                        classifications to meet information needs of
                        Congress;
                            (B) the status of information systems in the
                        prior year; and
                            (C) the use of standard classifications. (Pub.
                        L. 97-258, Sept. 13, 1982, 96 Stat. 914; Pub. L. 97-
                        452, Sec. 1(3), Jan. 12, 1983, 96 Stat. 2467.)
           489  Sec. 1114. Repealed. (Oct. 13, 1994, Pub. L. 103-355,
                    Sec. 2454(c)(2), 108 Stat. 3326.)

                     Chapter 33.--DEPOSITING, KEEPING, AND PAYING MONEY

                                   Subchapter 2.--Payments

         489.1  Sec. 3332. Required direct deposit.
                    (a)(1) Notwithstanding any other provision of law, all
                Federal wage, salary, and retirement payments shall be paid
                to recipients of such payments by electronic funds transfer,
                unless another method has been determined by the Secretary
                of the Treasury to be appropriate.
                    (2) Each recipient of Federal wage, salary, or
                retirement payments shall designate one or more financial
                institutions or other authorized payment agents and provide
                the payment certifying or authorizing agency information
                necessary for the recipient to receive electronic funds
                transfer payments through each institution so designated.
                    (b)(1) The head of each agency shall waive the
                requirements of subsection (a) of this section for a
                recipient of Federal wage, salary, or

    [[Page 751]]

                retirement payments authorized or certified by the agency
                upon written request by such recipient.
                    (2) Federal wage, salary, or retirement payments shall
                be paid to any recipient granted a waiver under paragraph
                (1) of this subsection by any method determined appropriate
                by the Secretary of the Treasury.
                    (c)(1) The Secretary of the Treasury may waive the
                requirements of subsection (a) of this section for any group
                of recipients upon request by the head of an agency under
                standards prescribed by the Secretary of the Treasury.
                    (2) Federal wage, salary, or retirement payments shall
                be paid to any member of a group granted a waiver under
                paragraph (1) of this subsection by any method determined
                appropriate by the Secretary of the Treasury.
                    (d) This section shall apply only to recipients of
                Federal wage or salary payments who begin to receive such
                payments on or after January 1, 1995, and recipients of
                Federal retirement payments who begin to receive such
                payments on or after January 1, 1995.
                    (e) The crediting of the amount of a payment to the
                appropriate account on the books of a financial institution
                or other authorized payment agent designated by a payment
                recipient under this section shall constitute a full
                acquittance to the United States for the amount of the
                payment. (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 955; Pub.
                L. 98-369, div. B, title VIII, Sec. 2814, July 18, 1984, 98
                Stat. 1207; Pub. L. 103-356, title IV, Sec. 402(a), Oct. 13,
                1994, 108 Stat. 3412.)

    [[Page 752]]

                                  TITLE 39.--POSTAL SERVICE

                                    Part IV.--MAIL MATTER

                          Chapter 32.--PENALTY AND FRANKED MAIL\1\

           490  Sec. 3201. Definitions.
                    As used in this chapter--
                    \1\For United States Postal Service regulation on
                    congressional franking privilege, see Senate Manual
                    section 497. See also the Regulations Governing the Use
                    of the Mailing Frank by Members and Officers of the
                    United States Senate, issued by the Select Committee on
                    Ethics. See also Regulations Governing Franked Mail,
                    issued by the Senate Committee on Rules and
                    Administration.
                            (1) ``penalty mail'' means official mail, other
                        than franked mail, which is authorized by law to be
                        transmitted in the mail without prepayment of
                        postage;
                            (2) ``penalty cover'' means envelopes, wrappers,
                        labels, or cards used to transmit penalty mail;
                            (3) ``frank'' means the autographic or facsimile
                        signature of persons authorized by sections 3210-
                        3216 and 3218 of this title to transmit matter
                        through the mail without prepayment of postage or
                        other indicia contemplated by sections 733 and 907
                        of title 44;
                            (4) ``franked mail'' means mail which is
                        transmitted in the mail under a frank;
                            (5) ``Members of Congress'' includes Senators,
                        Representatives, Delegates, and Resident
                        Commissioners; and
                            (6) ``missing child'' has the meaning provided
                        by section 403(1) of the Juvenile Justice and
                        Delinquency Prevention Act of 1974. (Aug. 12, 1970,
                        Pub. L. 91-375, Sec. 2, 84 Stat. 751; Aug. 9, 1985,
                        Pub. L. 99-87, Sec. 1(b), 99 Stat. 291.)
           491  Sec. 3210. Franked mail transmitted by the Vice President,
                    Members of Congress, and congressional officials.
                    (a)(1) It is the policy of the Congress that the
                privilege of sending mail as franked mail shall be
                established under this section in order to assist and
                expedite the conduct of the official business, activities,
                and duties of the Congress of the United States.
                    (2) It is the intent of the Congress that such official
                business, activities, and duties cover all matters which
                directly or indirectly pertain to the legislative process or
                to any congressional representative functions generally, or
                to the functioning, working, or operating of the Congress
                and the performance of official duties in connection
                therewith, and shall include, but not be limited to, the
                conveying of information to the public, and the requesting
                of the views of the public, or the views and information of
                other authority of government, as a guide or a means of
                assistance in the performance of those functions.
                    (3) It is the intent of the Congress that mail matter
                which is frankable specifically includes, but is not limited
                to--
                            (A) mail matter to any person and to all
                        agencies and officials of Federal, State, and local
                        governments regarding programs, deci-

    [[Page 753]]

                        sions, and other related matters of public concern
                        or public service, including any matter relating to
                        actions of a past or current Congress;
                            (B) the usual and customary congressional
                        newsletter or press release which may deal with such
                        matters as the impact of laws and decisions on State
                        and local governments and individual citizens;
                        reports on public and official actions taken by
                        Members of Congress; and discussions of proposed or
                        pending legislation or governmental actions and the
                        positions of the Members of Congress on, and
                        arguments for or against, such matters;
                            (C) the usual and customary congressional
                        questionnaire seeking public opinion on any law,
                        pending or proposed legislation, public issue, or
                        subject;
                            (D) mail matter dispatched by a Member of
                        Congress between his Washington office and any
                        congressional district offices, or between his
                        district offices;
                            (E) mail matter directed by one Member of
                        Congress to another Member of Congress or to
                        representatives of the legislative bodies of State
                        and local governments;
                            (F) mail matter expressing congratulations to a
                        person who has achieved some public distinction;
                            (G) mail matter, including general mass
                        mailings, which consist of Federal laws, Federal
                        regulations, other Federal publications,
                        publications purchased with Federal funds, or
                        publications containing items of general
                        information;
                            (H) mail matter which consists of voter
                        registration or election information or assistance
                        prepared and mailed in a nonpartisan manner;
                            (I) mail matter which constitutes or includes a
                        biography or autobiography of any Member of, or
                        Member-elect to, Congress or any biographical or
                        autobiographical material concerning such Member or
                        Member-elect or the spouse or other members of the
                        family of such Member or Member-elect, and which is
                        so mailed as a part of a Federal publication or in
                        response to a specific request therefor and is not
                        included for publicity purposes in a newsletter or
                        other general mass mailing of the Member or Member-
                        elect under the franking privilege; or
                            (J) mail matter which contains a picture,
                        sketch, or other likeness of any Member or Member-
                        elect and which is so mailed as a part of a Federal
                        publication or in response to a specific request
                        therefor and, when contained in a newsletter or
                        other general mass mailing of any Member or Member-
                        elect, is not of such size, or does not occur with
                        such frequency in the mail matter concerned, as to
                        lead to the conclusion that the purpose of such
                        picture, sketch, or likeness is to advertise the
                        Member or Member-elect rather than to illustrate
                        accompanying text.
                    (4) It is the intent of the Congress that the franking
                privilege under this section shall not permit, and may not
                be used for, the transmission through the mails as franked
                mail, of matter which in its nature is purely personal to
                the sender or to any other person and is unrelated to the
                official business, activities, and duties of the public
                officials covered by subsection (b)(1) of this section.

    [[Page 754]]

                    (5) It is the intent of the Congress that a Member of or
                Member-elect to Congress may not mail as franked mail--
                            (A) mail matter which constitutes or includes
                        any article, account, sketch, narration, or other
                        text laudatory and complimentary of any Member of,
                        or Member-elect to, Congress on a purely personal or
                        political basis rather than on the basis of
                        performance of official duties as a Member or on the
                        basis of activities as a Member-elect;
                            (B) mail matter which constitutes or includes--

                                    (i) greetings from the spouse or other
                                members of the family of such Member or
                                Member-elect, unless it is a brief reference
                                in otherwise frankable mail;

                                    (ii) reports of how or when such Member
                                or Member-elect, or the spouse or any other
                                member of the family of such Member or
                                Member-elect, spends time other than in the
                                performance of, or in connection with, the
                                legislative, representative, and other
                                official functions of such Member or the
                                activities of such Member-elect as a Member-
                                elect; or

                                    (iii) any card expressing holiday
                                greetings from such Member or Member-elect;
                                or

                            (C) mail matter which specifically solicits
                        political support for the sender or any other person
                        or any political party, or a vote or financial
                        assistance for any candidate for any public office.

                The House Commission on Congressional Mailing Standards and
                the Select Committee on Standards and Conduct of the Senate
                shall prescribe for their respective Houses such rules and
                regulations and shall take such other action, as the
                Commission or Committee considers necessary and proper for
                the Members and Members-elect to conform to the provisions
                of this clause and applicable rules and regulations. Such
                rules and regulations shall include, but not be limited to,
                provisions prescribing the time within which such mailings
                shall be mailed at or delivered to any postal facility to
                attain compliance with this clause and the time when such
                mailings shall be deemed to have been so mailed or delivered
                and such compliance attained.

                    (6)(A) It is the intent of Congress that a Member of, or
                Member-elect to, Congress may not mail any mass mailing as
                franked mail--
                            (i) if the mass mailing is mailed fewer than 60
                        days immediately before the date of any primary
                        election or general election (whether regular,
                        special, or runoff) in which the Member is a
                        candidate for reelection; or
                            (ii) in the case of a Member of, or Member-elect
                        to, the House who is a candidate for any other
                        public office, if the mass mailing--

                                    (I) is prepared for delivery within any
                                portion of the jurisdiction of or the area
                                covered by the public office which is
                                outside the area constituting the
                                congressional district from which the Member
                                or Member-elect was elected; or

                                    (II) is mailed fewer than 60 days
                                immediately before the date of any primary
                                election or general election (whether
                                regular, special, or runoff) in which the
                                Member or Member-elect is a candidate for
                                any other public office.

                    (B) Any mass mailing which is mailed by the chairman of
                any organization referred to in the last sentence of section
                3215 of this title which

    [[Page 755]]

                relates to the normal and regular business of the
                organization may be mailed without regard to the provisions
                of this paragraph.
                    (C) No Member of the Senate may mail any mass mailing as
                franked mail if such mass mailing is mailed fewer than 60
                days immediately before the date of any primary election or
                general election (whether regular, special, or runoff) for
                any national, State or local office in which such Member is
                a candidate for election.
                    (D) The Select Committee on Ethics of the Senate and the
                House Commission on Congressional Mailing Standards shall
                prescribe for their respective Houses rules and regulations,
                and shall take other action as the Committee or the
                Commission considers necessary and proper for Members and
                Members-elect to comply with the provisions of this
                paragraph and applicable rules and regulations. The rules
                and regulations shall include provisions prescribing the
                time within which mailings shall be mailed at or delivered
                to any postal facility and the time when the mailings shall
                be deemed to have been mailed or delivered to comply with
                the provisions of this paragraph.
                    (E) As used in this section, the term ``mass mailing''
                means, with respect to a session of Congress, any mailing of
                newsletters or other pieces of mail with substantially
                identical content (whether such mail is deposited singly or
                in bulk, or at the same time or different times), totaling
                more than 500 pieces in that session, except that such term
                does not include any mailing--
                            (i) of matter in direct response to a
                        communication from a person to whom the matter is
                        mailed;
                            (ii) from a Member of Congress to other Members
                        of Congress, or to Federal, State, or local
                        government officials; or
                            (iii) of a news release to the communications
                        media.
                    (F) For purposes of subparagraphs (A) and (C) if mail
                matter is of a type which is not customarily postmarked, the
                date on which such matter would have been postmarked if it
                were of a type customarily postmarked shall apply.
                    (7) A Member of the House of Representatives may not
                send any mass mailing outside the congressional district
                from which the Member was elected.
                    (b)(1) The Vice President, each Member of or Member-
                elect to Congress, the Secretary of the Senate, the Sergeant
                at Arms of the Senate, each of the elected officers of the
                House of Representatives (other than a Member of the House),
                the Legislative Counsels of the House of Representatives and
                the Senate, the Law Revision Counsel of the House of
                Representatives, and the Senate Legal Counsel may send, as
                franked mail, matter relating to their official business,
                activities, and duties, as intended by Congress to be
                mailable as franked mail under subsection (a) (2) and (3) of
                this section.
                    (2) If a vacancy occurs in the Office of the Secretary
                of the Senate, the Sergeant at Arms of the Senate, an
                elected officer of the House of Representatives (other than
                a Member of the House), the Legislative Counsel of the House
                of Representatives or the Senate, the Law Revision Counsel
                of the House of Representatives, or the Senate Legal Counsel
                any authorized person may exercise the franking privilege in
                the officer's name during the period of the vacancy.
                    (3) The Vice President, each Member of Congress, the
                Secretary of the Senate, the Sergeant at Arms of the Senate,
                and each of the elected

    [[Page 756]]

                officers of the House (other than a Member of the House),
                during the 90-day period immediately following the date on
                which they leave office, may send, as franked mail, matter
                on official business relating to the closing of their
                respective offices. The House Commission on Congressional
                Mailing Standards and the Select Committee on Standards and
                Conduct of the Senate\1\ shall prescribe for their
                respective Houses such rules and regulations, and shall take
                such other action as the Commission or Committee considers
                necessary and proper, to carry out the provisions of this
                paragraph.
                    \1\Name changed to the Select Committee on Ethics by S.
                    Res. 4, 95-1, Feb. 4, 1977.
                    (c) Franked mail may be in any form appropriate for mail
                matter, including, but not limited to, correspondence,
                newsletters, questionnaires, recordings, facsimiles,
                reprints, and reproductions. Franked mail shall not include
                matter which is intended by Congress to be nonmailable as
                franked mail under subsection (a) (4) and (5) of this
                section.
                    (d)(1) A Member of the Congress may mail franked mail
                with a simplified form of address for delivery within that
                area constituting the congressional district or State from
                which the Member was elected.
                    (2) A Member-elect to the Congress may mail franked mail
                with a simplified form of address for delivery within that
                area constituting the congressional district or State from
                which he was elected.
                    (3) A Delegate, Delegate-elect, Resident Commissioner,
                or Resident Commissioner-elect to the House of
                Representatives may mail franked mail with a simplified form
                of address for delivery within the area from which he was
                elected.
                    (4) Any franked mail which is mailed under this
                subsection shall be mailed at the equivalent rate of postage
                which assures that the mail will be sent by the most
                economical means practicable.
                    (5) The Senate Committee on Rules and Administration and
                the House Commission on Congressional Mailing Standards
                shall prescribe for their respective Houses rules and
                regulations governing any franked mail which is mailed under
                this subsection and shall by regulation limit the number of
                such mailings allowed under this subsection.
                    (6)(A) Any Member of, or Member-elect to, the House of
                Representatives entitled to make any mailing as franked mail
                under this subsection shall, before making any mailing,
                submit a sample or description of the mail matter involved
                to the House Commission on Congressional Mailing Standards
                for an advisory opinion as to whether the proposed mailing
                is in compliance with the provisions of this subsection.
                    (B) The Senate Select Committee on Ethics may require
                any Member of, or Member-elect to, the Senate entitled to
                make any mailings as franked mail under this subsection to
                submit a sample or description of the mail matter to the
                Committee for an advisory opinion as to whether the proposed
                mailing is in compliance with the provisions of this
                subsection.
                    (7) Franked mail mailed with a simplified form of
                address under this subsection--
                            (A) shall be prepared as directed by the Postal
                        Service; and
                            (B) may be delivered to--

                                    (i) each box holder or family on a rural
                                or star route;

                                    (ii) each post office box holder; and

                                    (iii) each stop or box on a city carrier
                                route.

    [[Page 757]]

                    (8) For the purposes of this subsection, a congressional
                district includes, in the case of a Representative at Large
                or Representative at Large-elect, the State from which he
                was elected.
                    (e) The frankability of mail matter shall be determined
                under the provisions of this section by the type and content
                of the mail sent, or to be sent.
                    (f) Any mass mailing which otherwise would be permitted
                to be mailed as franked mail under this section shall not be
                so mailed unless the cost of preparing and printing the mail
                matter is paid exclusively from funds appropriated by
                Congress, except that an otherwise frankable mass mailing
                may contain, as an enclosure or supplement, any public
                service material which is purely instructional or
                informational in nature, and which in content is frankable
                under this section.
                    (g) Notwithstanding any other provision of Federal,
                State, or local law, or any regulation thereunder, the
                equivalent amount of postage determined under section 3216
                of this title on franked mail mailed under the frank of the
                Vice President or a Member of Congress, and the cost of
                preparing or printing such frankable matter for such mailing
                under the frank, shall not be considered as a contribution
                to, or an expenditure by, the Vice President or a Member of
                Congress for the purpose of determining any limitation on
                expenditures or contributions with respect to any such
                official, imposed by any Federal, State, or local law or
                regulation, in connection with any campaign of such official
                for election to any Federal office. (Aug. 12, 1970, Pub. L.
                91-375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub. L. 92-51,
                Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub. L. 93-191,
                Sec. 1(a), 87 Stat. 737; Dec. 23, 1975, Pub. L. 94-177,
                Sec. 1(b), 89 Stat. 1032; Oct. 26, 1978, Pub. L. 95-521,
                Sec. 714(a), 92 Stat. 1884; Oct. 26, 1981, Pub. L. 97-69,
                Secs. 1, 2, 3, 4, 95 Stat. 1041-1043; Sept. 24, 1982,
                Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-163,
                Title III, Sec. 318, Nov. 21, 1989, 103 Stat. 1068; Pub. L.
                101-520, Title III, Secs. 311(h)(1), 316, Nov. 5, 1990,
                104 Stat. 2280, 2283; Pub. L. 102-392, Title III,
                Sec. 309(a), Oct. 6, 1992, 106 Stat. 1722.)
           492  Sec. 3211. Public documents.
                    The Vice President, Members of Congress, the Secretary
                of the Senate, the Sergeant at Arms of the Senate, each of
                the elected officers of the House of Representatives (other
                than a Member of the House) during the 90-day period
                immediately following the expiration of their respective
                terms of office, may send and receive as franked mail all
                public documents printed by order of Congress. (Aug. 12,
                1970, Pub. L. 91-375, Sec. 2, 84 Stat. 754; Dec. 18, 1973,
                Pub. L. 93-191, Sec. 2, 87 Stat. 741; Oct. 26, 1981, Pub. L.
                97-69, Sec. 5(a), 95 Stat. 1043.)
           493  Sec. 3212. Congressional Record under frank of Members of
                    Congress.
                    (a) Members of Congress may send the Congressional
                Record as franked mail.
                    (b) Members of Congress may send, as franked mail, any
                part, of, or a reprint of any part of, the Congressional
                Record, including speeches or reports contained therein, if
                such matter is mailable as franked mail under section 3210
                of this title. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84
                Stat. 754; Dec. 18, 1973, Pub. L. 93-191, Sec. 3, 87 Stat.
                741.)

    [[Page 758]]

                                Cross Reference

                    For extracts from Congressional Record furnished Members
                of Congress and the Resident Commissioner in envelopes ready
                for mailing, see section 907 of title 44, United States Code
                (Senate Manual section 657).
           494  Sec. 3213. Seeds and reports from Department of Agriculture.
                    Seeds and agricultural reports emanating from the
                Department of Agriculture may be mailed--
                            (1) as penalty mail by the Secretary of
                        Agriculture; and
                            (2) during the 90-day period immediately
                        following the expiration of their terms of office,
                        as franked mail by Members of Congress. (Aug. 12,
                        1970, Pub. L. 91-375, Sec. 2, 84 Stat. 754; Oct. 26,
                        1981, Pub. L. 97-69, Sec. 5(b), 95 Stat. 1043.)
           495  Sec. 3215. Lending or permitting use of frank unlawful.
                    A person entitled to use a frank may not lend it or
                permit its use by any committee, organization, or
                association, or permit its use by any person for the benefit
                or use of any committee, organization, or association. This
                section does not apply to any standing, select, special, or
                joint committee, or subcommittee thereof, or commission, of
                the Senate, House of Representatives, or Congress, composed
                of Members of Congress, or to the Democratic caucus or the
                Republican conference of the House of Representatives or of
                the Senate. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
                754; Dec. 18, 1973, Pub. L. 93-191, Sec. 10, 87 Stat. 746.)
           496  Sec. 3216. Reimbursement for franked mailings.
                    (a) The equivalent of--
                            (1) postage on, and fees and charges in
                        connection with, mail matter sent through the
                        mails--

                                    (A) under the franking privilege (other
                                than under section 3219 of this title), by
                                the Vice President, Members of and Members-
                                elect to Congress, the Secretary of the
                                Senate, the Sergeant at Arms of the Senate,
                                each of the elected officers of the House of
                                Representatives (other than a Member of the
                                House), the Legislative Counsels of the
                                House of Representatives and the Senate, the
                                Law Revision Counsel of the House of
                                Representatives, and the Senate Legal
                                Counsel; and

                                    (B) by the survivors of a Member of
                                Congress under section 3218 of this title;
                                and

                            (2) those portions of fees and charges to be
                        paid for handling and delivery by the Postal Service
                        of Mailgrams considered as franked mail under
                        section 3219 of this title;

                shall be paid by appropriation for the official mail costs
                of the Senate and the House of Representatives for that
                purpose and then paid to the Postal Service as postal
                revenue. Except as to Mailgrams and except as provided by
                sections 733 and 907 of title 44, envelopes, wrappers,
                cards, or labels used to transmit franked mail shall bear,
                in the upper right-hand corner, the sender's signature, or a
                facsimile thereof.

                    (b) Postage on, and fees and charges in connection with,
                mail matter sent through the mails under section 3214 of
                this title shall be paid each fiscal year, out of any
                appropriation made for that purpose, to the Postal Service
                as postal revenue in an amount equivalent to the

    [[Page 759]]

                postage, fees, and charges which would otherwise be payable
                on, or in connection with, such mail matter.
                    (c) Payment under subsection (a) or (b) of this section
                shall be deemed payment for all matter mailed under the
                frank and for all fees and charges due the Postal Service in
                connection therewith.
                    (d) Money collected for matter improperly mailed under
                the franking privilege shall be deposited as miscellaneous
                receipts in the general fund of the Treasury.
                    (e)(1) Not later than two weeks after the last day of
                each quarter of the fiscal year, or as soon as practicable
                thereafter, the Postmaster General shall send to the Clerk
                of the House, the House Commission on Congressional Mailing
                Standards, the Secretary of the Senate, and the Senate
                Committee on Rules and Administration a report which shall
                contain a tabulation of the estimated number of pieces and
                costs of franked mail, as defined in section 3201 of this
                title, in each mail classification sent through the mail for
                the quarter and for the preceding quarters in the fiscal
                year, together with separate tabulations of the number of
                pieces and costs of such mail sent by the House and by the
                Senate.
                    (2) Two weeks after the close of the second quarter of
                the fiscal year, or as soon as practicable thereafter, the
                Postmaster General shall send to the Clerk of the House, the
                House Commission on Congressional Mailing Standards, the
                Committee on House Administration, the Secretary of the
                Senate, and the Senate Committee on Rules and
                Administration, a statement of the costs of postage on, and
                fees and charges in connection with, mail matter sent
                through the mails as described in subsection (1) of this
                section for the preceding two quarters together with an
                estimate of such costs for the balance of the fiscal year.
                As soon as practicable after receipt of this statement, the
                House Commission on Congressional Mailing Standards, the
                Committee on House Administration, and the Senate Committee
                on Rules and Administration shall consider promulgating such
                regulations for their respective Houses as may be necessary
                to ensure that total postage costs, as described in
                subsection (1) of this section, will not exceed the amounts
                available for the fiscal year. (Aug. 12, 1970, Pub. L. 91-
                375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub. L. 92-51,
                Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub. L. 93-191,
                Sec. 7, 87 Stat. 745; Mar. 27, 1974, Pub. L. 93-255,
                Sec. 2(a), 88 Stat. 52; Oct. 26, 1978, Pub. L. 95-521,
                Sec. 714(b), 92 Stat. 1884; Oct. 26, 1981, Pub. L. 97-69,
                Sec. 6(a), 95 Stat. 1043; Sept. 24, 1982, Pub. L. 97-263,
                Sec. 1, 96 Stat. 1132; Pub. L. 101-163, Title III,
                Sec. 316(b), formerly Sec. 316(c), Sec. 317, Nov. 21, 1989,
                103 Stat. 1067, renumbered Pub. L. 101-520, Title III,
                Sec. 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280; Pub. L.
                102-90, Title III, Sec. 306, Aug. 14, 1991, 105 Stat. 466.)
         496.1
         496.1  Sec. 3218. Franked mail for survivors of Members of
                    Congress.
                    Upon the death of a Member of Congress during his term
                of office, the surviving spouse of such Member (or, if there
                is no surviving spouse, a member of the immediate family of
                the Member designated by the Secretary of the Senate or the
                Clerk of the House of Representatives, as appropriate, in
                accordance with rules and procedures established by the
                Secretary or the Clerk) may send, for a period not to exceed
                180 days after his death, as franked mail, nonpolitical
                correspondence relating to the death of the Member. (Aug.
                12, 1970, Pub. L. 91-375, Sec. 2,

    [[Page 760]]

                84 Stat. 755; Dec. 18, 1973, Pub. L. 93-191, Sec. 11, 87
                Stat. 746; Oct. 26, 1981, Pub. L. 97-69, Sec. 6 (b) and (c),
                95 Stat. 1043.)
         496.2
         496.2  Sec. 3219. Mailgrams.
                    Any Mailgram sent by the Vice President, a Member of or
                Member-elect to Congress, the Secretary of the Senate, the
                Sergeant at Arms of the Senate, an elected officer of the
                House of Representatives (other than a Member of the House),
                the Legislative Counsel of the House of Representatives or
                the Senate, the Law Revision Counsel of the House of
                Representatives, or the Senate Legal Counsel, and then
                delivered by the Postal Service, shall be considered as
                franked mail, subject to section 3216(a)(2) of this title,
                if such Mailgram contains matter of the kind authorized to
                be sent by that official as franked mail under section 3210
                of this title. (Added Dec. 18, 1973, Pub. L. 93-191,
                Sec. 12, 87 Stat. 746; Oct. 26, 1978, Pub. L. 95-521,
                Sec. 714(c), 92 Stat. 1884; Sept. 24, 1982, Pub. L. 97-263,
                Sec. 1, 96 Stat. 1132.)
         496.3  Sec. 3220. Use of official mail in the location and recovery
                    of missing children.
                    (a)(1) The Office of Juvenile Justice and Delinquency
                Prevention, after consultation with appropriate public and
                private agencies, shall prescribe general guidelines under
                which penalty mail may be used to assist in the location and
                recovery of missing children. The guidelines shall provide
                information relating to--
                            (A) the form and manner in which materials and
                        information relating to missing children (such as
                        biographical data and pictures, sketches, or other
                        likenesses) may be included in penalty mail;
                            (B) appropriate sources from which such
                        materials and information may be obtained;
                            (C) the procedures by which such materials and
                        information may be obtained; and
                            (D) any other matter which the Office considers
                        appropriate.
                    (2) Each executive department and independent
                establishment of the Government of the United States shall
                prescribe regulations under which penalty mail sent by such
                department or establishment may be used in conformance with
                the guidelines prescribed under paragraph (1).
                    (b) The Senate Committee on Rules and Administration and
                the House Commission on Congressional Mailing Standards
                shall prescribe for their respective Houses rules and
                regulations, and shall take such other action as the
                Committee or Commission considers necessary and proper, in
                order that purposes similar to those of subsection (a) may,
                in the discretion of the congressional official or office
                concerned, be carried out by the use of franked mail sent by
                such official or office.
                    (c) As used in this section, ``Office of Juvenile
                Justice and Delinquency Prevention'' and ``Office'' each
                means the Office of Juvenile Justice and Delinquency
                Prevention within the Department of Justice, as established
                by section 201 of the Juvenile Justice and Delinquency
                Prevention Act of 1974. (Aug. 9, 1985, Pub. L. 99-87,
                Sec. 1(a)(1), 99 Stat. 290.)

                                  39 u.s.c.--postal service

                      general and permanent laws relating to the senate

    [[Page 761]]

           497
                      Domestic Mail Manual Provisions Relating to the
                              Congressional Franking Privilege

                             Part E050--Official Mail (Franked)

                1.0  Basic Information

                1.1  Members of Congress. Official mail of Members of
                Congress is sent without prepayment of postage and bears
                instead a written or printed facsimile signature, or other
                required marking. Exhibit 1.1 shows what is accepted under
                frank and who is authorized to use it.

                1.2  Former President, Spouse. Former Presidents of the
                United States and surviving spouses of former Presidents may
                send nonpolitical mail as franked mail if it bears the
                sender's written or facsimile signature and the words
                ``Postage and Fees Paid'' in the upper right corner of the
                address side.

                1.3  Surviving Spouse of Member of Congress. When a Member
                of Congress dies during the term of office, the Member's
                surviving spouse may send correspondence relating to the
                death without prepayment of postage, for a period not to
                exceed 180 days after the death of the Member. The mail must
                bear the sender's written or facsimile signature in the
                upper right corner of the address side. If there is no
                surviving spouse, this privilege may be exercised by an
                immediate family member of the deceased Member of Congress
                designated by the Secretary of the Senate or the Clerk of
                the House of Representatives, as appropriate.

                1.4  Use. A person entitled to use franked mail may not lend
                this frank or permit its use by any committee, organization,
                association, or other person. This restriction does not
                apply to a committee of the Congress.

                1.5  Criteria. Franked mail must be addressed to the
                recipient by name, except under A040 and must meet the
                mailability criteria in C010, C020, and C030, and the
                physical standards for the class of mail being used.\1\

                    \1\Part A040 describes alternative addressing formats.
                    Part C010 gives general mailability standards (such as
                    requisite dimensions, packaging, and containers). Part
                    C020 describes articles and substances prohibited
                    because they may be injurious to life, health or
                    property (such as liquor or firearms). Part C030 refers
                    to restricted forms of printed materials (such as
                    deceptive solicitations or sexually oriented
                    advertisements).

                1.6  Handling. Franked mail is entitled to any special
                services for which it is properly endorsed, and is handled
                and forwarded as ordinary mail, except that after delivery
                to the addressee, it may not be remailed.

                1.7  Package to One Addressee. A person entitled to use
                franked mail may send a package of franked mail to one
                addressee, who may open the package and on behalf of such
                person address the franked articles and mail them.

    [[Page 762]]

                                                       Exhibit 1.1
    ----------------------------------------------------------------------------------------------------------------
              User entitled                Matter permitted           Marking required          Period authorized
    ----------------------------------------------------------------------------------------------------------------
    Vice President of the United      Public documents printed   Public Document and the    During 90 days
     States, Members of Congress,      by order of Congress.      letters U.S.S. or M.C.     immediately after
     Resident Commissioners,                                      must appear on address     expiration of term of
     Secretary of the Senate,                                     side.                      office.
     Sergeant at Arms of the Senate,
     and each elected officer of the
     House of Representatives (other
     than Members of the House).
    ----------------------------------------------------------------------------------------------------------------
    Members of Congress and Resident  Congressional Record or    Congressional Record or    During term of office
     Commissioners                     any part of it             Part of Congressional      only.
                                       (including reprints of     Record and U.S.S. or
                                       any part, speech, or       M.C. must appear on the
                                       report contained in it)    address side.
                                       if for official
                                       business, activities, or
                                       duties.
    ----------------------------------------------------------------------------------------------------------------
    Members of Congress               Seed and agricultural      Signature and title        During 90 days
                                       reports from Department    (written or printed        immediately after
                                       of Agriculture.            facsimile) of person       expiration of term of
                                                                  entitled to frank must     office.
                                                                  appear on address side.
    ----------------------------------------------------------------------------------------------------------------
    Vice President of the United      Official correspondence    Mailgrams may be sent in   During term of office
     States, Members and Members-      including Mailgrams        standard Mailgram          only. When position of
     elect of Congress, Resident                                  envelopes. For other       Secretary, Sergeant at
     Commissioners, Secretary of the                              correspondence,            Arms, elected officer,
     Senate, Sergeant at Arms of the                              signature and title        Legislative Counsel,
     Senate, each elected officer of                              (written or printed        Law Revision Counsel,
     the House of Representatives                                 facsimile) of person       or Senate Legal Counsel
     (other than a Member of the                                  entitled to frank must     is vacant, privileges
     House), Legislative Counsels of                              appear on address side.    may be exercised in
     the House of Representatives                                                            officer's name by
     and the Senate, Law Revision                                                            authorized persons.
     Counsel of the House of
     Representatives, and Senate
     Legal Counsel.
    ----------------------------------------------------------------------------------------------------------------
    Vice President-elect              All mail connected with    Signature and title        Until assumption of
                                       preparation for            (written or printed        duties as Vice
                                       assumption of official     facsimile) of Vice         President.
                                       duties as Vice President.  President-elect must
                                                                  appear on address side.
    ----------------------------------------------------------------------------------------------------------------
    Former Vice President, each       Matter on official         Signature and title        During 90 days
     former Member of Congress,        business about closing     (written or printed        immediately after date
     former Secretary of the Senate,   of offices.                facsimile) of person       of leaving office.
     former Sergeant at Arms of the                               entitled to frank must
     Senate, each former elected                                  appear on address side.
     officer of the House (other
     than a former Member of the
     House), and each former
     Delegate or Resident
     Commissioner.
    ----------------------------------------------------------------------------------------------------------------
    Former Speakers of the House      Public documents, seeds,   Signature and title        For as long as the
                                       and agricultural reports   (written or printed        former Speaker
                                       from Department of         facsimile) of former       determines necessary.
                                       Agriculture, official      Speaker, or Mailgram or
                                       correspondence including   public document marking
                                       Mailgrams.                 as shown above, must
                                                                  appear on address side.
    ----------------------------------------------------------------------------------------------------------------

    [[Page 763]]

                      TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS

                          Chapter 2.--CAPITOL BUILDING AND GROUNDS

           500  Sec. 161. Title of Superintendent of Capitol Building and
                    Grounds changed to Architect of the Capitol.
                    The title of ``Superintendent of the Capitol Building
                and Grounds'' is changed to ``Architect of the Capitol.''
                (Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
           501  Sec. 162. Architect of the Capitol; powers and duties.
                    The Architect of the Capitol shall perform all the
                duties relative to the Capitol Building performed prior to
                August 15, 1876, by the Commissioner of Public Buildings and
                Grounds, and shall be appointed by the President: Provided,
                That no change in the architectural features of the Capitol
                Building or in the landscape features of the Capitol Grounds
                shall be made except on plans to be approved by Congress.
                (Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147; Feb. 14,
                1902, ch. 17, Sec. 1, 32 Stat. 20; Mar. 3, 1921, ch. 124,
                Sec. 1, 41 Stat. 1291.)
         501.1
         501.1  Sec. 162-1. Appointment of Architect of the Capitol.
                    (a)(1) The Architect of the Capitol shall be appointed
                by the President by and with the advice and consent of the
                Senate for a term of 10 years.
                    (2) There is established a commission to recommend
                individuals to the President for appointment to the office
                of Architect of the Capitol. The Commission shall be
                composed of--
                            (A) the Speaker of the House of Representatives,
                            (B) the President pro tempore of the Senate,
                            (C) the majority and minority leaders of the
                        House of Representatives and the Senate, and
                            (D) the chairmen and the ranking minority
                        members of the Committee on House oversight of the
                        House of Representatives, the Committee on Rules
                        Administration of the Senate, the Committee on
                        Appropriations of the House of Representatives, and
                        the Committee on Appropriations of the Senate.

                The commission shall recommend at least three individuals
                for appointment to such office.

                    (3) An individual appointed Architect of the Capitol
                under paragraph (1) shall be eligible for reappointment to
                such office.
                    (b) Subsection (a) of this section shall be effective in
                the case of appointments made to fill vacancies in the
                office of Architect of the Capitol which occur on or after
                November 21, 1989. If no such vacancy occurs within the six-
                year period which begins on November 21, 1989, no individual
                may, after the expiration of such period, hold such office
                unless the individual is appointed in accordance with
                subsection (a). (Pub. L. 101-163, Title III, Sec. 319, Nov.
                21, 1989, 103 Stat. 1068; Pub. L. 104-19, Sec. 701, July 27,
                1995, 108 Stat. 220.)

    [[Page 764]]

         501.2  Sec. 162a. Same; compensation.
                    The compensation of the Architect of the Capitol shall
                be at an annual rate which is equal to the annual rate of
                basic pay payable for positions at level III of the
                Executive Schedule under section 5314 of Title 5. (Aug. 14,
                1964, Pub. L. 88-426, Sec. 203(c), 78 Stat. 415; Dec. 16,
                1967, Pub. L. 90-206, Sec. 219, 81 Stat. 639; Salary
                Recommendations, Budget, 1970, pursuant to Act Dec. 16,
                1967, Pub. L. 90-206, Sec. 225(h), 81 Stat. 634; August 9,
                1975, Pub. L. 94-82, Title II, Sec. 204(b), 89 Stat. 421;
                Dec. 14, 1979, Pub. L. 96-146, Sec. 1(1), 93 Stat. 1086.)
         501.3  Sec. 162b. Same; semiannual report of expenditures.
                    (1) Commencing with the semiannual period beginning
                January 1, 1965, and for each semiannual period thereafter,
                the Architect of the Capitol shall compile and, not later
                than sixty days following the close of the semiannual
                period, submit to the Senate and the House of
                Representatives a report of all expenditures made from
                monies appropriated to the Architect of the Capitol, based
                on payrolls and other vouchers transmitted during such
                period to the Treasury Department for disbursement, such
                report to include (1) the name, title, and gross salary
                payment to each employee; (2) a list of government
                contributions to retirement, health insurance, and other
                similar funds; and (3) name of payee, brief description of
                service rendered or items furnished under contract, purchase
                order or other agreement. Such report shall be printed as a
                Senate document.
                    (2) The report by the Architect of the Capitol under
                paragraph (1) for the semiannual period beginning on January
                1, 1976, shall include the period beginning on July 1, 1976,
                and ending on September 30, 1976, and such semiannual period
                shall be treated as closing on September 30, 1976.
                Thereafter, the report by the Architect of the Capitol under
                paragraph (1) shall be for the semiannual periods beginning
                on October 1 and ending on March 31 and beginning on April 1
                and ending on September 30 of each year. (As amended Pub. L.
                94-303, Title I, Sec. 118(c), June 1, 1976, 90 Stat. 616.)
           502  Sec. 163. Same; care and superintendence of Capitol.
                    The Architect of the Capitol shall have the care and
                superintendence of the Capitol, including lighting. His
                Office shall be in the Capitol Building. (Aug. 15, 1876, ch.
                287, Sec. 1, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat.
                298; Oct. 31, 1951, ch. 654, Sec. 3(14), 65 Stat. 708.)
           503  Sec. 163a. Same; exterior of Capitol.
                    It shall be the duty of the Architect to clean and keep
                in proper order the exterior of the Capitol. (July 7, 1884,
                ch. 332, 23 Stat. 209.)
           504  Sec. 163b. Same; delegation of authority.
                    The Architect of the Capitol is authorized hereafter to
                delegate to the Assistant Architect and other assistants
                such authority of the Architect as he may deem proper. (Aug.
                5, 1955, ch. 568, 69 Stat. 515.)
           505  Sec. 164a. Same; Assistant Architect of the Capitol or
                    Executive Assistant to act in case of absence,
                    disability, or vacancy.
                    On and after August 18, 1970, the Assistant Architect of
                the Capitol shall act as Architect of the Capitol during the
                absence or disability of that official or whenever there is
                no Architect. (Aug. 18, 1970, Pub.

    [[Page 765]]

                L. 91-382, Sec. 101, 84 Stat. 817; Pub. L. 101-163,
                Sec. 106(d), 103 Stat. 1057, Nov. 21, 1989.)
           506  Sec. 166. Same; repairs of Capitol.
                    All improvements, alterations, additions, and repairs of
                the Capitol Building shall be made by the direction and
                under the supervision of the Architect of the Capitol. (R.S.
                Sec. 1816; Feb. 14, 1902, ch. 17, Sec. 1, 32 Stat. 20; Mar.
                3, 1921, ch. 124, Sec. 1, 41 Stat. 1291; Oct. 31, 1951, ch.
                654, Sec. 3(15), 65 Stat. 708.)
         506.1     Extension, Reconstruction, and Replacement of Central
                            Portion of the United States Capitol
                    Section 101 of Act of August 5, 1955, as amended by the
                Act of September 29, 1969, Pub. L. 91-77, 83 Stat. 124,
                provides in part that:
                    ``The Architect of the Capitol is hereby authorized,
                under the direction of a Commission for Extension of the
                United States Capitol, to be composed of the President of
                the Senate, the Speaker of the House of Representatives, the
                majority leader of the Senate, the majority leader of the
                House of Representatives, the minority leader of the House
                of Representatives, and the Architect of the Capitol, to
                provide for the extension, reconstruction, and replacement
                of the central portion of the United States Capitol in
                substantial accordance with scheme B of the architectural
                plan submitted by a joint commission of Congress and
                reported to Congress on March 3, 1905 (House Document
                numbered 385, Fifty-eighth Congress), but with such
                modifications and additions, including provisions for
                restaurant facilities, and such other facilities on the
                Capitol Grounds, together with utilities, equipment,
                approaches, and other appurtenant or necessary items, as may
                be approved by said Commission.''

                                 Cross Reference

                    Changes in architectural features of the Capitol
                Building or in landscape features of Capitol Grounds, see
                section 162 of this title (Senate Manual section 501).

                                      Note

                    Section 305 of the Legislative Branch Appropriations
                Act, 1993, provided that:
                    ``Sec. 305. (a) The Architect of the Capitol, in
                consultation with the heads of the agencies of the
                legislative branch, shall develop an overall plan for
                satisfying the telecommunications requirements of such
                agencies, using a common system architecture for maximum
                interconnection capability and engineering compatibility.
                The plan shall be subject to joint approval by the Committee
                on House Administration of the House of Representatives and
                the Committee on Rules and Administration of the Senate,
                and, upon approval, shall be communicated to the Committee
                on Appropriations of the House of Representatives and the
                Committee on Appropriations of the Senate. No part of any
                appropriation in this Act or any other Act shall be used for
                acquisition of any new or expanded telecommunications system
                for an agency of the legislative branch, unless, as
                determined by the Architect of the Capitol, the acquisition
                is in conformance with the plan, as approved.
                    ``(b) As used in this section--
                      ``(1) the term ``agency of the legislative branch''
                    means, the Office of the Architect of the Capitol, the
                    Botanic Garden, the General Accounting Office, the
                    Government Printing Office, the Library of Congress, the
                    Office of Technology Assessment, and the Congressional
                    Budget Office; and
                      ``(2) the term ``telecommunications system'' means an
                    electronic system for voice, data, or image
                    communication, including any associated cable and
                    switching equipment.''
                    ``(c) This section shall apply with respect to fiscal
                years beginning after September 30, 1992.'' (Pub. L. 102-
                392, Title III, Sec. 305, Oct. 6, 1992, 106 Stat. 1721.)

                                      Note

                    Section 168 of the Energy Policy Act, 1992, provided
                Energy Management Requirements for Congressional Buildings
                as follows:

    [[Page 766]]

                    ``(a) In general.--The Architect of the Capitol
                (hereafter in this section [this note] referred to as the
                `Architect') shall undertake a program of analysis and, as
                necessary, retrofit of the Capitol Building, the Senate
                Office Buildings, the House Office Buildings, and the
                Capitol Grounds, in accordance with subsection (b).
                    ``(b) Program.--
                            ``(1) Lighting.--

    ``(A) Implementation.--

    ``(i) In general.--Not later than 18 months after the date of the enactment
    of this Act [Oct. 24, 1992] and subject to the availability of funds to
    carry out this section [this note], the Architect shall begin implementing
    a program to replace in each building described in subsection (a) all
    inefficient office and general use area fluorescent lighting systems with
    systems that incorporate the best available design and technology and that
    have payback periods of 10 years or less, as determined by using methods
    and procedures established under section 544(a) of the National Energy and
    Conservation Policy Act (42 U.S.C. 8254(a)).

    ``(ii) Replacement of incandescent lighting.--Whenever practicable in
    office and general use areas, the Architect shall replace incandescent
    lighting with efficient fluorescent lighting.

    ``(B) Completion.--Subject to the availability of funds to carry out this
    section [this note], the program described in subparagraph (A) shall be
    completed not later than 5 years after the date of the enactment of this
    Act [Oct. 24, 1992].

                            ``(2) Evaluation and report.--

    ``(A) In general.--Not later than 6 months after the date of the enactment
    of this Act [Oct. 24, 1992], the Architect shall submit to the Speaker of
    the House of Representatives and the President pro tempore of the Senate a
    report evaluating potential energy conservation measures for each building
    described in subsection (a) in the areas of heating, ventilation, air
    conditioning equipment, insulation, windows, domestic hot water, food
    service equipment, and automatic control equipment.

    ``(B) Costs.--The report submitted under subparagraph (A) shall detail the
    projected installation cost, energy and cost savings, and payback period of
    each energy conservation measure, as determined by using methods and
    procedures established under section 544(a) of the National Energy
    Conservation Policy Act (42 U.S.C. 8254(a)).

                            ``(3) Review and approval of energy conservation
                        measures.--The Committee on Public Works and
                        Transportation of the House of Representatives and
                        the Committee on Rules and Administration of the
                        Senate shall review the energy conservation measures
                        identified in accordance with paragraph (2) and
                        shall approve any such measure before it may be
                        implemented.
                            ``(4) Utility incentive programs.--In carrying
                        out this section [this note], the Architect is
                        authorized and encouraged to--

    ``(A) accept any rebate or other financial incentive offered through a
    program for energy conservation or demand management of electricity, water,
    or gas that--

    ``(i) is conducted by an electric, natural gas, or water utility;

    ``(ii) is generally available to customers of the utility; and

    ``(iii) provides for the adoption of energy efficiency technologies or
    practices that the Architect determines are cost-effective for the
    buildings described in subsection (a); and

    ``(B) enter into negotiations with electric and natural gas utilities to
    design a special demand management and conservation incentive program to
    address the unique needs of the buildings described in subsection (a).

                            ``(5) Use of savings.--The Architect shall use
                        an amount equal to the rebate or other savings from
                        the financial incentive programs under paragraph
                        (4)(A), without additional authorization or
                        appropriation, for the implementation of additional
                        energy and water conservation measures in the
                        buildings under the jurisdiction of the Architect.
                    ``(c) Authorization of appropriations.--There are
                authorized to be appropriated such sums as are necessary to
                carry out this section [this note].'' (Pub. L. 102-486,
                Title I, Sec. 168, Oct. 24, 1992, 106 Stat. 2862.)

    [[Page 767]]

           507  Sec. 166a. Same; travel expenses.
                    Appropriations under the control of the Architect of the
                Capitol shall be available for expenses of travel on
                official business not to exceed in the aggregate under all
                funds the sum of $20,000. (July 22, 1994, Pub. L. 103-283,
                108 Stat. 1434; Nov. 19, 1995, Pub. L. 104-53, Title I, 109
                Stat. 527.)
         507.1  Sec. 166b. Compensation of Assistant Architect of the
                    Capitol.
                    The compensation of the Assistant Architect of the
                Capitol shall be at an annual rate which is equal to the
                annual rate of basic pay payable for level IV of the
                Executive Schedule under section 5315 of Title 5. (Aug. 14,
                1964, Pub. L. 88-426, Sec. 203(d), 78 Stat. 415; Dec. 16,
                1967, Pub. L. 90-206, Sec. 219, 81 Stat. 639; Salary
                Recommendations, Budget, 1970, pursuant to Act of Dec. 16,
                1967, Pub. L. 90-206, Sec. 225(h), 81 Stat. 634; Aug. 9,
                1975, Pub. L. 94-82, Title II, Sec. 204(b), 89 Stat. 421;
                Dec. 14, 1979, Pub. L. 96-146, Sec. 1(2), 93 Stat. 1086.)
         508.1  Sec. 166b-1a. Compensation of employees under Architect of
                    the Capitol; single per annum gross rates of pay.
                    Whenever the rate of pay of--
                            (1) an employee of the Office of Architect of
                        the Capitol;
                        or
                            (2) an employee of the House Restaurant or of
                        the Senate Restaurant, under the supervision of the
                        Architect of the Capitol as an agent of the House or
                        Senate, respectively, as the case may be,

                is fixed or adjusted on or after the effective date of this
                section, that rate, as so fixed and adjusted, shall be a
                single per annum gross rate. (Oct. 26, 1970, Pub. L. 91-510,
                Sec. 481, 84 Stat. 1196.)

         508.2  Sec. 166b-1b. Same; conversion by Architect of the Capitol
                    of existing basic pay rates to per annum gross pay
                    rates.
                    The Architect of the Capitol shall convert, as of the
                effective date of this section, to a single per annum gross
                rate, the rate of pay of each employee described in
                subparagraph (1) or subparagraph (2) of section 166b-1a of
                this title, whose pay immediately prior to such effective
                date was fixed at a basic rate with respect to which
                additional pay was payable by law. (Oct. 26, 1970, Pub. L.
                91-510, Sec. 482, 84 Stat. 1196.)

         508.3  Sec. 166b-1c. Same; obsolete references in existing law to
                    basic pay rates.
                    In any case in which--
                            (1) the rate of pay of, or any maximum or
                        minimum rate of pay with respect to--

                                    (A) any employee described in
                                subparagraph (1) or subparagraph (2) of
                                section 166b-1a of this title, or

                                    (B) the position of such employee, or

                                    (C) any class or group of such employees
                                or positions, is referred to in or provided
                                by statute or other authority;

                        and
                            (2) the rate so referred to or provided is a
                        basic rate with respect to which additional pay is
                        provided by law;

    [[Page 768]]

                such statutory provision or authority shall be deemed to
                refer, in lieu of such basic rate, to the per annum gross
                rate which an employee receiving such basic rate immediately
                prior to the effective date of this section would receive,
                without regard to such statutory provision or authority,
                under section 166b-1b of this title on and after such date.
                (Oct. 26, 1970, Pub. L. 91-510, Sec. 483, 84 Stat. 1196.)

         508.4  Sec. 166b-1d. Same; saving provision.
                    The provisions of sections 166b-1a to 166b-1f of this
                title shall not be construed to--
                            (1) limit or otherwise affect any authority for
                        the making of any appointment to, or for fixing or
                        adjusting the pay for, the position of any employee
                        described in subparagraph (1) or subparagraph (2) of
                        section 166b-1a of this title;
                            (2) affect the continuity of employment of, or
                        reduce the pay of, any employee holding any position
                        referred to in subparagraph (1) of this section; or
                            (3) modify, change, supersede, or otherwise
                        affect the provisions of sections 5504 and
                        6101(a)(5) of title 5, insofar as such sections
                        relate to the Office of the Architect of the
                        Capitol. (Oct. 26, 1970, Pub. L. 91-510, Sec. 484,
                        84 Stat. 1197.)
         508.5  Sec. 166b-1e. Same; effect on existing law.
                    (a) All provisions of law inconsistent with sections
                166b-1a to 166b-1f of this title are hereby superseded to
                the extent of the inconsistency.
                    (b) Sections 5504 and 6101(a)(5) of title 5 shall apply
                to employees of the House and Senate Restaurants who are
                paid at per annum rates of pay as long as such employees are
                under the supervision of the Architect of the Capitol as an
                agent of the House or Senate, respectively, as the case may
                be. (Oct. 26, 1970, Pub. L. 91-510, Sec. 485, 84 Stat.
                1197.)
         508.6  Sec. 166b-1f. Same; exemptions.
                    Notwithstanding any other provision of sections 166b-1a
                to 166b-1f of this title, the foregoing provisions of such
                sections do not apply to any employee described in section
                166b-1a of this title whose pay is fixed and adjusted--
                            (1) in accordance with chapter 51, and
                        subchapter III of chapter 53, of title 5, relating
                        to classification and General Schedule pay rates;
                            (2) in accordance with subchapter IV of chapter
                        53 of title 5, relating to prevailing rate pay
                        systems;
                            (3) at per hour or per diem rates in accordance
                        with section 3 of the Legislative Pay Act of 1929,
                        as amended (46 Stat. 38; 55 Stat. 615), relating to
                        employees performing professional and technical
                        services for the Architect of the Capitol in
                        connection with construction projects and employees
                        under the Office of the Architect of the Capitol
                        whose tenure of employment is temporary or of
                        uncertain duration; or
                            (4) in accordance with prevailing rates under
                        authority of sections 174j-1 to 174j-7 of this title
                        entitled ``Joint Resolution transferring the
                        management of the Senate Restaurants to the
                        Architect of the Capitol, and for other purposes'',
                        or section 174k of this title, relating to the
                        duties of the Architect of the Capitol with respect
                        to the

    [[Page 769]]

                        House of Representatives Restaurant. (Oct. 26, 1970,
                        Pub. L. 91-510, Sec. 486, 84 Stat. 1197.)
           509  Sec. 166b-2. Registered Nurses compensated under
                    appropriations for Capitol Buildings, Senate Office
                    Buildings and House Office Buildings; allocation to
                    General Schedule salary grade.
                    Notwithstanding any other provision of law, effective on
                the first day of the first applicable pay period which
                begins on or after December 27, 1974, the positions of
                registered nurses compensated under appropriations for
                Capitol Buildings, Senate Office Buildings, and House Office
                Buildings shall be allocated by the Architect of the Capitol
                to grade 11 of the General Schedule.
                    Notwithstanding any other provision of law, effective
                January 1, 1975, none of the funds appropriated to the
                Architect of the Capitol shall thereafter be available for
                any nursing position unless the position is occupied by a
                Registered Nurse: Provided, That such provision shall not be
                applicable to the present incumbents of such positions.
                (June 20, 1958, Pub. L. 85-462, 72 Stat. 208; Dec. 27, 1974,
                Pub. L. 93-554, Sec. 101, 88 Stat. 1777; Pub. L. 101-520,
                Sec. 109, Nov. 5, 1990, 104 Stat. 2269.)
                Sec. 166b-3a. Compensation of certain positions in Office of
                    Architect of Capitol.
                (a) Amount of compensation to be that specified in
                    appropriations Acts.
                    Notwithstanding any other provision of law, the pay for
                positions described in subsection (b) shall be the amounts
                specified for such positions in appropriations Acts.
                (b) Positions covered.
                    The positions referred to in subsection (a) are: (1) the
                position of assistant referred to in the proviso in the
                first undesignated paragraph under the center subheadings
                ``Office of the Architect of the Capitol'' and ``Salaries''
                in the first section of the Legislative Branch Appropriation
                Act, 1971 (40 U.S.C. 164a), and (2) the eight positions
                provided for in the third and fourth undesignated paragraphs
                under the center subheadings ``Office of the Architect of
                the Capitol'' and ``Salaries'' in the Legislative Branch
                Appropriation Act, 1960 (40 U.S.C. 166b-3).
                (c) Calculation of amounts.
                    The pay for each position described in subsection (b)
                shall be the pay payable for such position with respect to
                the last pay period before this section takes effect,
                subject to any applicable adjustment during fiscal year 1988
                under, subchapter I of chapter 53 of Title 5.
                (d) Effective date.
                    This section shall apply in fiscal years beginning after
                September 30, 1987, with respect to pay periods beginning
                after December 22, 1987. (Pub. L. 100-202, Sec. 101(i)
                [Title III, Sec. 308], Dec. 22, 1987, 101 Stat. 1329-309;
                Pub. L. 101-163, Title I, Sec. 106(e), Nov. 21, 1989, 103
                Stat. 1057.)

    [[Page 770]]

                Sec. 166b-6. Assignment and reassignment of personnel by
                    Architect of the Capitol for personal services.

                    Notwithstanding any other provisions of law, in order to
                improve the economic use of the personal services of his
                employees, the Architect of the Capitol is authorized
                hereafter to assign and reassign, without increase or
                decrease in basic salary or wages, any person on the
                employment rolls of his Office, for personal services in any
                buildings, facilities or grounds under his jurisdiction or
                for personal services in connection with any project under
                his jurisdiction for which appropriations have been made and
                are available, whenever such action, in his opinion, will be
                most advantageous to the interest of or result in either
                specific or overall savings to the Government. Exceptions
                may be made where there are differences in equipment. No
                assignment or reassignment of personnel by the Architect of
                the Capitol pursuant to this provision shall operate in any
                respect to augment or decrease any general or specific
                appropriation. (Pub. L. 100-202, Sec. 106, Dec. 22, 1987,
                101 Stat. 1329-433.)

                                      Note

                    Sections 104 and 105 of Pub. L. 100-458, Oct. 1, 1988,
                (102 Stat. 2171), provided that:
                    ``Sec. 104. Notwithstanding any other provisions of law,
                the Architect of the Capitol is hereby authorized to (1)
                develop a pilot program to determine the economic
                feasibility and efficiency of centralizing certain
                maintenance functions, to assign and reassign, without
                increase or decrease in basic salary or wages, any person on
                the employment rolls of the Office of the Architect of the
                Capitol, for personal services in any buildings, facilities,
                or grounds under his jurisdiction for which appropriations
                have been made and are available; (2) maintain appropriate
                cost and productivity records for the program; and (3)
                report to appropriate authorities, including the Committees
                on Appropriations, on the results of the program, together
                with recommendations for continuation or expansion of the
                program.
                    ``Sec. 105. The Architect of the Capitol, under the
                direction of the Joint Committee on the Library, is
                authorized to accept donations to restore and display the
                Statue of Freedom model.''.
           510  Sec. 168. Heating and ventilating Senate wing.
                    All engineers and others who are engaged in heating and
                ventilating the Senate wing of the Capitol shall be subject
                to the orders and in all respects under the direction of the
                Architect of the Capitol, subject to the approval of the
                Senate Committee on Rules and Administration. (July 11,
                1888, ch. 615, Sec. 1, 25 Stat. 258; Aug. 2, 1946, ch. 753,
                Secs. 102, 224, 60 Stat. 814, 838.)
           511  Sec. 170. Purchase of furniture or carpets for House or
                    Senate.
                    No furniture or carpets for either House shall be
                purchased without the written order of the chairman of the
                Committee on Rules and Administration, for the Senate, or
                without the written order of the chairman of the Committee
                on House Administration for the House. (R.S. Sec. 1816; Aug.
                2, 1946, ch. 753, Secs. 102, 121, 224, 60 Stat. 814,
                822, 838.)
         511.1  Sec. 170a. Receipts from sale of used or surplus furniture
                and furnishing of Senate.

                                      Note

                    This section transferred to 2 U.S.C. Sec. 117b-1.
                (Senate Manual Sec. 300.)

    [[Page 771]]

           512  Sec. 174b. Senate Office Buildings; approval of structural
                    changes by Architect of Capitol.
                    Structural changes in the Senate Office Building\1\
                shall only be made with the approval of the Architect of the
                Capitol. (July 1, 1941, ch. 268, Sec. 1, 55 Stat. 458.)
                    \1\See Senate Manual sections 79.8, 79.9.
           513  Sec. 174b-1. Same; additional office building.
                    Upon completion of the additional office building\1\ for
                the United States Senate, the building and the grounds and
                sidewalks surrounding the same shall be subject to the
                provisions of sections 174c, 174d, 193a--193m, 212a, and
                212b of this title, in the same manner and to the same
                extent as the present Senate Office Building\1\ and the
                grounds and sidewalks surrounding the same. (June 25, 1948,
                ch. 658, Sec. 1, 62 Stat. 1029.)
         513.1       Extension of Additional Senate Office Building Site
                    To enable the Architect of the Capitol, under the
                direction of the Senate Office Building Commission, to
                acquire on behalf of the United States, by purchase,
                condemnation, transfer, or otherwise, in addition to the
                real property contained in square 724 in the District of
                Columbia heretofore acquired under Public Law 85-429,
                approved May 29, 1958 (72 Stat. 148-149), and Public Law 91-
                382, approved August 18, 1970 (84 Stat. 819), for purposes
                of further extension of such site or for additions to the
                United States Capitol Grounds, all publicly or privately
                owned real property contained in lot 18 in square 724 in the
                District of Columbia, as such square appears on the records
                in the Office of the Surveyor of the District of Columbia as
                of the date of the approval of this Act: Provided, That for
                the purposes of this Act, square 724 shall be deemed to
                extent to the outer face of the curbs surrounding such
                square: Provided further, That, upon acquisition of any real
                property under this Act, the jurisdiction of the Capitol
                Police shall extend over such property: Provided further,
                That, any proceeding for condemnation brought under this Act
                shall be conducted in accordance with the Act of December
                23, 1963 (16 D.C. Code, secs. 1351-1368): Provided further,
                That upon acquisition of any real property pursuant to this
                Act, the Architect of the Capitol, when directed by the
                Senate Office Building Commission to so act, is authorized
                to provide for the demolition and/or removal of any
                structures on, or constituting a part of, such property and
                to use the property for Government purposes or to lease any
                or all of such property for such periods and under such
                terms and conditions as he may deem most advantageous to the
                United States and to incur any necessary expenses in
                connection therewith: Provided further, That, such real
                property, when acquired under authority of this Act, shall
                be subject to the provisions of the Act of July 31, 1946, as
                amended (40 U.S.C. 193a-193m, 212a, and 212b): Provided
                further, That, the Architect of the Capitol, under the
                direction of the Senate Office Building Commission, is
                authorized to enter into contracts and to make such
                expenditures, including expenditures for personal and other
                services, expenditures authorized by Public Law 91-646,
                approved January 2, 1971 (84 Stat. 1894-1907), applicable to
                the Architect of the Capitol, and expenditures for any other
                required items, as may be necessary to carry out the
                provisions of the appropriation; $270,000, to remain
                available until expended. (Dec. 15, 1971, Pub. L. 92-184, 85
                Stat. 637.)
         513.2     Construction of an Extension to the New Senate Office
                                         Building\1\
                    To enable the Architect of the Capitol, under the
                direction of the Senate Office Building Commission, to
                provide for the construction and equipment of an extension
                to the New Senate Office Building,\1\ in accordance with
                plans approved by such Commission and by the Senate
                Committee on Public Works, on the east half of square 725
                including the public alley separating the east and west
                halves of such square, but excluding lot 885 in such square,
                containing office rooms and such other rooms and
                accommodations as may be approved by the Senate Office
                Building Commission, and by the Senate Committee on Public
                Works, including structural and other changes in the
                existing new Senate Office Building\1\

    [[Page 772]]

                necessitated by such construction, together with approaches,
                connections with the Capitol Power Plant and public
                utilities, and architectural landscape treatment of the
                grounds: Provided, That upon completion of the project, the
                building and the grounds and sidewalks surrounding the same
                shall be subject to the provisions of the Act of June 8,
                1942 (40 U.S.C. 174 (c) and (d)), and the Act of July 31,
                1946 (40 U.S.C. 193a-193m, 212a and 212b) in the same manner
                and to the same extent as the present Senate Office
                Buildings and the grounds and sidewalks surrounding the
                same: Provided further, That during each fiscal year, the
                Senate Committee on Public Works shall examine the progress
                and costs of construction of such building and take such
                steps as are necessary to insure its economical
                construction: Provided further, That the Architect of the
                Capitol, under the direction of the Senate Office Building
                Commission, is authorized and directed to enter into such
                contracts, incur such obligations, and make such
                expenditures, including expenditures for personal and other
                services, as may be necessary to carry out the provisions of
                this paragraph; $47,925,000, to remain available until
                expended.
                    \1\See Senate Manual sections 79.8, 79.9.

         513.3  Acquisition of Property as a Site for Parking Facilities for
                                  the United States Senate
                    To enable the Architect of the Capitol, under the
                direction of the Senate Office Building Commission, in
                addition to the real property contained in square 724 in the
                District of Columbia heretofore acquired under Public Law
                85-429, approved May 29, 1958 (72 Stat. 148-149), Public Law
                91-382, approved August 18, 1970 (84 Stat. 819), and Public
                Law 92-184, approved December 15, 1971 (85 Stat. 637), to
                acquire on behalf of the United States, by purchase,
                condemnation, transfer, or otherwise, as a site for parking
                facilities for the United States Senate, all publicly or
                privately owned real property contained in lots 79, 80, 86,
                94, 805, 806, 833, 838, 839, 840, and 844 in square 724 in
                the District of Columbia, and all alleys or parts of alleys
                and streets contained within the curblines surrounding such
                square, as such square appears on the records in the office
                of the surveyor of the District of Columbia as of the date
                of the approval of this Act: Provided, That for the purposes
                of this paragraph, square 724 shall be deemed to extend to
                the outer face of the curbs surrounding such square:
                Provided further, That, upon acquisition of any real
                property under this paragraph, the jurisdiction of the
                Capitol Police shall extend over such property, and any
                property acquired under this paragraph shall become a part
                of the United States Capitol Grounds and be subject to the
                provisions of sections 193a-193m, 212a, and 212b of title
                40, United States Code: Provided further, That any
                proceeding for condemnation brought under this paragraph
                shall be conducted in accordance with the Act of December
                23, 1963 (16 D.C. Code secs. 1351-1368): Provided further,
                That, notwithstanding any other provision of law, any real
                property owned by the United States and any public alleys or
                parts of alleys and streets contained within the curblines
                surrounding square 724, shall, upon request of the Architect
                of the Capitol, made with the approval of the Senate Office
                Building Commission, be transferred to the jurisdiction and
                control of the Architect of the Capitol without
                reimbursement or transfer of funds, and any alleys or parts
                of alleys or streets contained within the curblines of said
                square shall be closed and vacated by the Commissioner of
                the District of Columbia, appointed pursuant to part III of
                Reorganization Plan Numbered 3 of 1967, in accordance with
                any request therefor made by the Architect of the Capitol
                with the approval of such Commission: Provided further,
                That, upon acquisition of any real property pursuant to this
                paragraph, the Architect of the Capitol, when directed by
                the Senate Office Building Commission to so act, is
                authorized to provide for the demolition and/or removal of
                any buildings or other structures on, or constituting a part
                of, such property and, pending demolition, to use the
                property for Government purposes or to lease any or all of
                such property for such periods and under such terms and
                conditions as he may deem most advantageous to the United
                States and to incur any necessary expenses in connection
                therewith: Provided further, That nothing herein shall be
                construed to prohibit the continued use of areas in square
                724, acquired under authority of the Acts of May 29, 1958,
                August 18, 1970, and December 15, 1971, hereinbefore cited,
                for the parking of automobiles, until such times as such
                areas may be required for construction purposes: Provided
                further, That the Architect of the Capitol, under the
                direction of Senate Office Building Commission, is
                authorized to enter into such contracts, incur such
                obligations, and make such expenditures, including
                expenditures for personal and other services, and

    [[Page 773]]

                expenditures authorized by Public Law 91-646, approved
                January 2, 1971 (84 Stat. 1894-1907) applicable to the
                Architect of the Capitol, as may be necessary to carry out
                the provisions of this paragraph; $4,075,000, to remain
                available until expended.
         513.4     Plans for Garage and Related Facilities for the United
                                        States Senate
                    To enable the Architect of the Capitol to initiate and
                conduct a study, after consultation with the appropriate
                Federal agencies and individuals experienced in the design
                of vehicle parking structures, to explore design and cost
                alternatives for construction, on square 724, of a parking
                garage with limited commercial facilities, and report his
                preliminary findings and recommendations to the Senate
                Committee on Public Works: Provided, That the Architect of
                the Capitol, concurrently with such study, is authorized to
                establish, for the purpose of development of a basic concept
                therefor, an architectural design competition, in order to
                encourage the preparation of an imaginative design for the
                garage structure, including limited commercial facilities
                and landscaping and to assure a pleasant transition to and
                maximum coordination with the surrounding residential and
                commercial community in that area of Northeast Washington
                within sight of or adjoining the Capitol Grounds: Provided
                further, That such design concept may consider and include
                existing and future land use and structures in said
                surrounding community, and shall consider any existing model
                cities or other governmental planning for such Northeast
                area, including that of the National Capitol Planning
                Commission: Provided further, That guidelines and criteria
                specifically defining the limits, scope, and all aspects of
                the competition shall be developed and promulgated by the
                Architect of the Capitol, with the approval of the Senate
                Office Building Commission, and an award for the best design
                or designs shall be determined by a committee jointly
                designated for this purpose by the Architect of the Capitol
                and the Senate Office Building Commission, in such amount as
                they may deem to be appropriate: Provided further, That the
                Architect of the Capitol, under the direction of the Senate
                Office Building Commission, is authorized and directed to
                enter into such contracts, incur such obligations, and make
                such expenditures, including expenditures for personal and
                other services, as may be necessary to carry out the
                provisions of this paragraph; $50,000, to remain available
                until expended. (Oct. 31, 1972, Pub. L. 92-607, 86 Stat.
                1510.)
         513.5  City Post Office Building; Leased Property as Part of Senate
                                      Office Buildings
                    (a) Notwithstanding any other provision of law, the
                Architect of the Capitol, subject to the approval of the
                Committee on Rules and Administration, is authorized to
                lease, for use by the United States Senate, and for such
                other purposes as such committee may approve, 150,000 square
                feet of space, more or less, in the property located at 2
                Massachusetts Avenue, N.E., Washington, District of
                Columbia, known as the City Post Office Building: Provided,
                That rental payments shall be paid from the account
                `Architect of the Capitol, Senate Office Buildings' upon
                vouchers approved by the Architect of the Capitol: Provided
                further, That nothing in this section shall be construed so
                as to obligate the Senate or any of its Members, officers,
                or employees to enter into any such lease or to imply any
                obligation to enter into any such lease.
                    (b) Notwithstanding any other provision of law, property
                leased under authority of subsection (a) shall be maintained
                by the Architect of the Capitol as part of the `Senate
                Office Buildings' subject to the laws, rules, and
                regulations governing such buildings, and the Architect is
                authorized to incur such expenses as may be necessary to
                provide for such occupancy.
                    (c) There is hereby authorized to be appropriated to the
                `Architect of the Capitol, Senate Office Buildings' such
                sums as may be necessary to carry out the provisions of
                subsections (a) and (b).
                    (d) There is authorized to be appropriated to the
                Sergeant at Arms of the United States Senate such sums as
                may be necessary to provide for the planning and relocation
                of offices and equipment to the property described in
                subsection (a), subject to direction by the Committee on
                Rules and Administration.
                    (e) The authority under this section shall continue
                until otherwise provided by law. (Pub. L. 101-520, Title I.
                Sec. 107, Nov. 5, 1990, 104 Stat. 2267.)

    [[Page 774]]

         513.6  Acquisition of Property For Use as Residential Facility For
                                 United States Senate Pages
                    (a) Acquisition of property.--The Architect of the
                Capitol, under the direction of the Senate Committee on
                Rules and Administration, may acquire, on behalf of the
                United States Government, by purchase, condemnation,
                transfer or otherwise, as an addition to the United States
                Capitol Grounds, all publicly and privately owned real
                property in lots 34 and 35 in square 758 in the District of
                Columbia as those lots appear on the records in the Office
                of the Surveyor of the District of Columbia as the date of
                the enactment of this Act [Aug. 3, 1992], extending to the
                outer face of the curbs of the square in which such lots are
                located and including all alleys or parts of alleys and
                streets within the lot lines and curb lines surrounding such
                real property, together with all improvements thereon.
                    (b) United States Capitol Grounds and Buildings.--
                Immediately upon the acquisition by the Architect of the
                Capitol, on behalf of the United States, of the real
                property, and the improvements thereon, as provided under
                subsection (a), the real property acquired shall be a part
                of the United States Capitol Grounds, and the improvements
                on such real property shall be a part of the Senate Office
                Buildings. Such real property and improvements shall be
                subject to the Act of July 31, 1946 (40 U.S.C. 193a et seq.)
                [sections 193a to 193m, 212a, 212a-2 and 212b of this title
                and provisions set out as notes under sections 193a and 193h
                of this title], and the Act of June 8, 1942 (40 U.S.C. 174c)
                [sections 174c and 174d of this title].
                    (c) Building codes.--The real property and improvements
                acquired in accordance with subsection (a) shall be repaired
                and altered, to the maximum extent feasible as determined by
                the Architect of the Capitol, in accordance with a
                nationally recognized model building code, and other
                applicable nationally recognized codes (including electrical
                codes, fire and life safety codes, and plumbing codes, as
                determined by the Architect of the Capitol), using the most
                current edition of the nationally recognized codes referred
                to in this subsection.
                    (d) Repairs; expenditures.--The Architect of the Capitol
                is authorized, without regard to the provisions of section
                3709 of the Revised Statutes of the United States [section 5
                of Title 41, Public Contracts], to enter into contracts and
                to make expenditures for necessary repairs to, and
                refurbishment of, the real property and the improvements on
                such real property acquired in accordance with subsection
                (a), including expenditures for personal and other services
                as may be necessary to carry out the purposes of this Act
                [this note]. In no event shall the aggregate value of
                contracts and expenditures under this subsection exceed an
                amount equal to that authorized to be appropriated pursuant
                to subsection (e).
                    (e) Authorization.--There is authorized to be
                appropriated to the account under the heading ``Architect of
                the Capitol'' and the subheadings ``Capitol Buildings and
                Grounds'' and ``Senate Office Buildings'', $2,000,000 for
                carrying out the purposes of this Act [this note]. Moneys
                appropriated pursuant to this authorization may remain
                available until expended.
                    (f) Use of property.--The real property, and
                improvements thereon, acquired in accordance with subsection
                (a) shall be available to the Sergeant at Arms and
                Doorkeeper of the Senate for use as a residential facility
                for United States Senate Pages, and for such other purposes
                as the Senate Committee on Rules and Administration may
                provide. (Pub. L. 102-330, Aug. 3, 1992, 106 Stat 849.)
           514  Sec. 174c. Same; control, care, and supervision.
                    The Senate Office Building,\1\ and the employment of all
                services (other than for officers and privates of the
                Capitol Police) necessary for its protection, care, and
                occupancy, together with all other items that may be
                appropriated for by the Congress for such purposes, shall be
                under the control and supervision of the Architect of the
                Capitol, subject to the approval of the Senate Committee on
                Rules and Administration as to matters of general policy;
                and the Architect of the Capitol shall submit annually to
                the Congress estimates in detail for all services (other
                than for officers and privates of the Capitol Police) and
                for all other expenses in connection with said office
                building and necessary

    [[Page 775]]

                for its protection, care, and occupancy. (June 8, 1942, ch.
                396, Sec. 1, 56 Stat. 343; Aug. 2, 1946, ch. 753,
                Secs. 102, 224, 60 Stat. 814, 838.)
                    \1\See Senate Manual sections 79.8, 79.9.
           515  Sec. 174d. Same; assignment of space.
                    The assignment of rooms and other space in the Senate
                Office Building\1\ shall be under the direction and control
                of the Senate Committee on Rules and Administration and
                shall not be a part of the duties of the Architect of the
                Capitol. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343; Aug.
                2, 1946, ch. 753, Secs. 102, 224, 60 Stat. 814, 838.)
           516  Sec. 174d-1. Same; assignment of space for meetings of joint
                    committees, conference committees, etc.
                    The President pro tempore of the Senate and the Speaker
                of the House of Representatives shall cause a survey to be
                made of available space within the Capitol which could be
                utilized for joint committee meetings, meetings of
                conference committees, and other meetings, requiring the
                attendance of both Senators and Members of the House of
                Representatives; and shall recommend the reassignment of
                such space to accommodate such meetings. (Aug. 2, 1946, ch.
                753, Sec. 242, 60 Stat. 839.)
           517  Sec. 174e. Same; certification of vouchers.
                    It shall not be a duty of the Architect of the Capitol
                to certify any payroll or other voucher covering any
                expenditure from any appropriation for the Senate Office
                Building, or for any other building or activity, unless the
                obligation involved was incurred by him or under his
                direction. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343.)
           518  Sec. 174j-1. Senate Restaurants; management by Architect of
                    the Capitol; approval of matters of general policy;
                    termination.
                    Effective August 1, 1961, the management of the Senate
                Restaurants and all matters connected therewith, heretofore
                under the direction of the Senate Committee on Rules and
                Administration, shall be under the direction of the
                Architect of the Capitol under such rules and regulations as
                the Architect may prescribe for the operation and the
                employment of necessary assistance for the conduct of said
                restaurants by such business methods as may produce the best
                results consistent with economical and modern management,
                subject to the approval of the Senate Committee on Rules and
                Administration as to matters of general policy: Provided,
                That the management of the Senate Restaurant by the
                Architect of the Capitol shall cease and the restaurants
                revert from the jurisdiction of the Architect of the Capitol
                to the jurisdiction of the Senate Committee on Rules and
                Administration upon adoption by that committee of a
                resolution ordering such transfer of jurisdiction at any
                time hereafter. (Pub. L. 87-82, Sec. 1, July 6, 1961, 75
                Stat. 199.)

                                      Note

                    Section 5 of the Legislative Branch Appropriations Act,
                1989, provided:
                    ``Sec. 5. The Committee on Rules and Administration of
                the Senate may provide for the distribution of unused food
                from the Senate cafeterias under the jurisdiction of the
                committee to the needy of the District of Columbia through
                an appropriate private distribution organization selected by
                the committee.'' (Pub. L. 100-458, Sec. 5, Oct. 1, 1988, 102
                Stat. 2161.)

    [[Page 776]]

         518.1  Sec. 174j-2. Same; transfer of accounts, records, supplies,
                    equipment, and assets of Senate Restaurants.
                    The Senate Committee on Rules and Administration after
                the close of business July 31, 1961, is hereby authorized
                and directed to transfer to the jurisdiction of the
                Architect of the Capitol all accounts, records, supplies,
                equipment, and assets of the Senate Restaurants that may be
                in the possession or under the control of the said committee
                in order that all such items may be available to the
                Architect of the Capitol toward the maintenance and
                operation of the Senate Restaurants. (Pub. L. 87-82, Sec. 2,
                July 6, 1961, 75 Stat. 199.)
         518.2  Sec. 174j-3. Same: authorization and direction to effectuate
                    purposes of sections 174j-1 to 174j-7 of this title.
                    The Architect of the Capitol is hereby authorized and
                directed to carry into effect for the United States Senate
                the provisions of sections 174j-1 to 174j-7 of this title
                and to exercise the authorities contained herein, and any
                resolution of the Senate amendatory hereof or supplementary
                hereto hereafter adopted. Such authority and direction shall
                continue until the United States Senate shall by resolution
                otherwise order, or until the Senate Committee on Rules and
                Administration shall by resolution order the restaurants to
                be returned to the committee's jurisdiction. (Pub. L. 87-82,
                Sec. 3, July 6, 1961, 75 Stat. 199.)
         518.3  Sec. 174j-4. Special deposit account; establishment;
                    appropriations; approval of payments.
                    There is established with the Treasurer of the United
                States a special deposit account in the name of the
                Architect of the Capitol for the United States Senate
                Restaurants, into which shall be deposited all sums received
                pursuant to sections 174j-1 to 174j-7 of this title or any
                amendatory or supplementary resolutions hereafter adopted
                and from the operations thereunder and from which shall be
                disbursed the sums necessary in connection with the exercise
                of the duties required under section 174j-1 to 174j-7 of
                this title or any amendatory or supplementary resolutions
                and the operations thereunder. Any amounts appropriated for
                fiscal year 1973 and thereafter from the Treasury of the
                United States, which shall be part of a ``Contingent
                Expenses of the Senate'' item for the particular fiscal year
                involved, shall be paid to the Architect of the Capitol by
                the Secretary of the Senate at such times and in such sums
                as the Senate Committee on Rules and Administration may
                approve. Any such payment shall be deposited by the
                Architect in full under such special deposit account. (July
                6, 1961, Pub. L. 87-82, Sec. 4, 75 Stat. 199; July 9, 1971,
                Pub. L. 92-51, Sec. 101, 85 Stat. 129; July 10, 1972, Pub.
                L. 92-342, Sec. 101, 86 Stat. 435.)
         518.4  Sec. 174j-5. Same; deposits and disbursements under special
                    deposit account.
                    Deposits and disbursements under such special deposit
                account (1) shall be made by the Architect, or, when
                directed by him, by such employees of the Architect as he
                may designate, and (2) shall be subject to audit by the
                General Accounting Office at such times and in such manner
                as the Comptroller General may direct: Provided, That
                payments made by or under direction of the Architect of the
                Capitol from such special deposit account shall be
                conclusive upon all officers of the Government. (Pub. L. 87-
                82, Sec. 5, July 6, 1961, 75 Stat. 200.)

    [[Page 777]]

         518.5  Sec. 174j-6. Same; bond of Architect, Assistant Architect,
                    and other employees.
                    The Architect, Assistant Architect, and any employees of
                the Architect designated by the Architect under section
                174j-5 of this title shall each give bond in the sum of
                $5,000 with such surety as the Secretary of the Treasury may
                approve for the handling of the financial transactions under
                such special deposit account. (Pub. L. 87-82, Sec. 6, July
                6, 1961, 75 Stat. 200.)
         518.6  Sec. 174j-7. Same; supersedure of prior provisions for
                    maintenance and operation of Senate Restaurants.
                    This Act shall supersede any other Acts or resolutions
                heretofore approved for the maintenance and operation of the
                Senate Restaurants: Provided, however, That any Acts or
                resolutions now in effect shall again become effective,
                should the restaurants at any future time revert to the
                jurisdiction of the Senate Committee on Rules and
                Administration. (Pub. L. 87-82, Sec. 7, July 6, 1961, 75
                Stat. 200.)
       518.6-1  Sec. 174j-8. Management personnel and miscellaneous
                    expenses; availability of appropriations; annual and
                    sick leave.
                    Hereafter, appropriations for the ``Senate Office
                Buildings'' shall be available for employment of management
                personnel of the Senate restaurant facilities and
                miscellaneous restaurant expenses (except cost of food and
                cigar stand sales) and, in fixing the compensation of such
                personnel, the compensation of four positions hereafter to
                be designated as Director of Food Service, Assistant
                Director of Food Service, Manager (special functions), and
                Administrative Officer shall be fixed by the Architect of
                the Capitol without regard to chapter 51 and subchapters III
                and IV of chapter 53 of Title 5, and shall thereafter be
                adjusted in accordance with section 5307 of Title 5. Annual
                and sick leave balances of such personnel, as of July 9,
                1971, shall be credited to the leave accounts of such
                personnel, subject to the provisions of section 6304 of
                Title 5, upon their transfer to the appropriation for Senate
                Office Buildings and such personnel shall continue, while
                employed by the Architect of the Capitol, to earn leave at
                rates not less than their present accrual rates. (Pub. L.
                92-51, Sec. 101, July 9, 1971, 85 Stat. 138, amended Pub. L.
                94-59, Title V, Sec. 500, July 25, 1975, 89 Stat. 289; Pub.
                L. 101-509, 104 Stat. 1440, Nov. 5, 1990.)
       518.6-2  Sec. 174j-9. Loans for Senate Restaurants.
                (a) Borrowing authority.
                    Subject to the approval of the Senate Committee on Rules
                and Administration, the Architect of the Capitol shall have
                authority to borrow (and be accountable for), from time to
                time, from the appropriation account, within the contingent
                fund of the Senate, for ``Miscellaneous Items'', such amount
                as he may determine necessary to carry out the provisions of
                the joint resolution entitled ``Joint Resolution
                transferring the management of the Senate Restaurants to the
                Architect of the Capitol, and for other purposes'', approved
                July 6, 1961, as amended (40 U.S.C. 174j-1 through 174j-
                8),\1\ and resolutions of the Senate amendatory thereof or
                supplementary thereto.

    [[Page 778]]

                (b) Amount and period of loan; voucher.
                    Any such loan authorized pursuant to subsection (a) of
                this section shall be for such amount and for such period as
                the Senate Committee on Rules and Administration shall
                prescribe and shall be made by the Secretary of the Senate
                to the Architect of the Capitol upon a voucher approved by
                the Chairman of the Senate Committee on Rules and
                Administration.
                (c) Deposit, credit, and future availability of proceeds
                    from repayment.
                    All proceeds from the repayment of any such loan shall
                be deposited in the appropriation account, within the
                contingent fund of the Senate, for ``Miscellaneous Items'',
                shall be credited to the fiscal year during which such loan
                was made, and shall thereafter be available for the same
                purposes for which the amount loaned was initially
                appropriated. (Pub. L. 98-396, Title I, Sec. 101, Aug. 22,
                1984, 98 Stat. 1395.)
         518.7  Sec. 184a. John W. McCormack Residential Page School--
                    Construction authorization for dormitory and classroom
                    facilities complex.
                    (a) There is hereby authorized to be constructed, on a
                site jointly approved by the Senate Office Building
                Commission and the House Office Building Commission, in
                accordance with plans which shall be prepared by or under
                the direction of the Architect of the Capitol and which
                shall be submitted to and jointly approved by the Senate
                Office Building Commission and the House Office Building
                Commission, a fireproof building containing dormitory and
                classroom facilities, including necessary furnishings and
                equipment, for pages of the Senate, the House of
                Representatives, and the Supreme Court of the United States.
                    (b) The Architect of the Capitol, under the joint
                direction and supervision of the Senate Office Building
                Commission and the House Office Building Commission, is
                authorized to acquire on behalf of the United States, by
                purchase, condemnation, transfer, or otherwise, such
                publicly or privately owned real property in the District of
                Columbia (including all alleys, and parts of alleys, and
                streets within the curblines surrounding such real property)
                located in the vicinity of the United States Capitol
                Grounds, as may be approved jointly by the Senate Office
                Building Commission and the House Office Building
                Commission, for the purpose of constructing on such real
                property, in accordance with this section, a suitable
                dormitory and classroom facilities complex for pages of the
                Senate, the House of Representatives, and the Supreme Court
                of the United States.
                    (c) Any proceeding for condemnation instituted under
                subsection (b) of this section shall be conducted in
                accordance with subchapter IV of chapter 13 of title 16 of
                the District of Columbia Code.
                    (d) Notwithstanding any other provision of law, any real
                property owned by the United States, and any alleys, or
                parts of alleys and streets, contained within the curblines
                surrounding the real property acquired on behalf of the
                United States under this section shall be transferred, upon
                the request of the Architect of the Capitol made with the
                joint approval of the Senate Office Building Commission and
                the House Office Building Commission, to the jurisdiction
                and control of the Architect of the Capitol.

    [[Page 779]]

                    (e) Notwithstanding any other provision of law, any
                alleys, or parts of alleys and streets, contained within the
                curblines surrounding the real property acquired on behalf
                of the United States under this section shall be closed and
                vacated by the Mayor of the District of Columbia in
                accordance with any request therefor made by the Architect
                of the Capitol with the joint approval of the Senate Office
                Building Commission and the House Office Building
                Commission.
                    (f) Upon the acquisition on behalf of the United States
                of all real property under this section, such property shall
                be a part of the United States Capitol Grounds and shall be
                subject to the provisions of sections 193a to 193m, 212a,
                and 212b of this title.
                    (g) The building constructed on the real property
                acquired under this section shall be designated the ``John
                W. McCormack Residential Page School''. The employment of
                all services (other than that of the United States Capitol
                Police) necessary for its protection, care, maintenance, and
                use, for which appropriations are made by Congress, shall be
                under the control and supervision of the Architect of the
                Capitol. Such supervision and control shall be subject to
                the joint approval and direction of the Speaker and the
                President pro tempore. The Architect shall submit annually
                to the Congress estimates in detail for all services, other
                than those of the United States Capitol Police or those
                provided in connection with the conduct of school operations
                and the personal supervision of pages, and for all other
                expenses in connection with the protection, care,
                maintenance, and use of the John W. McCormack Residential
                Page School. The Speaker and the President pro tempore shall
                prescribe, from time to time, regulations governing the
                Architect in the provision of services and the protection,
                care, and maintenance, of the John W. McCormack Residential
                Page School.
                    (h) The Speaker of the House of Representatives and the
                President pro tempore of the Senate jointly shall designate
                an officer of the House and an officer of the Senate, other
                than a Member of the House or Senate, who shall jointly
                exercise supervision and control over the activities of the
                pages resident in the John W. McCormack Residential Page
                School. With the approval of the Speaker and the President
                pro tempore, such officers so designated shall prescribe
                regulations governing--
                            (1) the actual use and occupancy of the John W.
                        McCormack Residential Page School including, if
                        necessary, the imposition of a curfew for pages;
                            (2) the conduct of pages generally; and
                            (3) other matters pertaining to the supervision,
                        direction, safety, and well-being of pages in off-
                        duty hours.

                Such officers, subject to the approval of the Speaker and
                the President pro tempore, jointly shall appoint and fix the
                per annum gross rate of pay of a Residence Superintendent of
                Pages, who shall perform such duties with respect to the
                supervision of pages resident therein as those officials
                shall prescribe. In addition, such officers, subject to the
                approval of the Speaker and the President pro tempore,
                jointly shall appoint and fix the per annum gross rates of
                pay of such additional personnel as may be necessary to
                assist those officers and the Residence Superintendent of
                Pages in carrying out their functions under this section.

                    (i) Nothing in section 88b-1 of title 2 and this section
                shall affect the operation of section 88a of title 2 or
                section 88b of title 2, relating to educational facilities
                of pages and other minors who are congressional

    [[Page 780]]

                employees. (Oct. 26, 1970, Pub. L. 91-510, Sec. 492, 84
                Stat. 1199; Dec. 24, 1973, Pub. L. 93-198, Sec. 421, 87
                Stat. 789.)
         518.8     Acquisition of Property as an Addition to the Capitol
                                           Grounds
                    To enable the Architect of the Capitol to acquire on
                behalf of the United States, as an addition to the United
                States Capitol Grounds, by purchase, condemnation, transfer,
                or otherwise, all publicly or privately owned property
                contained in square 764 in the District of Columbia, and all
                alleys or parts of alleys contained within the curblines
                surrounding such square, as such square appears on the
                records in the office of the surveyor of the District of
                Columbia as of the date of the approval of this Act:
                Provided,  That any proceeding for condemnation brought
                under this paragraph shall be conducted in accordance with
                the Act of December 23, 1963 (16 D.C. Code, secs. 1351-
                1368): Provided further, That for the purposes of this
                paragraph, square 764 shall be deemed to extend to the outer
                face of the curbs surrounding such square: Provided further,
                That notwithstanding any other provision of law, any real
                property owned by the United States and any public alleys or
                parts of alleys and streets contained within the curblines
                surrounding such square shall, upon request of the Architect
                of the Capitol, be transferred to the jurisdiction and
                control of the Architect of the Capitol without
                reimbursement or transfer of funds, and any alleys or parts
                of alleys or streets contained within the curblines of said
                square shall be closed and vacated by the Commissioner of
                the District of Columbia, appointed pursuant to part III of
                Reorganization Plan numbered 3 of 1967, in accordance with
                any request therfor made by the Architect of the Capitol:
                Provided further, That, upon acquisition of such real
                property pursuant to this paragraph, the Architect of the
                Capitol is authorized to use such property as a green park
                area, pending its development for permanent use as the site
                of the John W. McCormack Residential Page School, subject to
                the approval of the Senate Office Building Commission and
                the House Office Building Commission: Provided further, That
                the jurisdiction of the Capitol Police shall extend over any
                real property acquired under this paragraph and such
                property shall become a part of the United States Capitol
                Grounds and be subject to the provisions of sections 193a-
                193m, 212a, and 212b of title 40, United States Code:
                Provided further, That the Architect of the Capitol, under
                the direction of the Senate Office Building Commission and
                the House Office Building Commission, is authorized and
                directed to enter into such contracts, incur such
                obligations, and make such expenditures, including
                expenditures for personal and other services, as may be
                necessary to carry out the provisions of this paragraph;
                $1,450,000, to remain available until expended. (Oct. 31,
                1972, Pub. L. 92-607, 86 Stat. 1512.)
           519  Sec. 185a. Senate garage; control, supervision, and care.
                    (a) The employees of the Senate garage engaged by the
                Architect of the Capitol for the primary purpose of
                servicing official motor vehicles, together with the
                functions performed by such employees, shall, on October 1,
                1980, be transferred to the jurisdiction of the Sergeant at
                Arms and Doorkeeper of the Senate: Provided further, That,
                effective July 1, 1965, the underground space in the north
                extension of the Capitol Grounds, known as the Legislative
                Garage shall hereafter be known as the Senate Garage and
                shall be under the jurisdiction and control of the Architect
                of the Capitol, subject to such regulations respecting the
                use thereof as may be promulgated by the Senate Committee on
                Rules and Administration: Provided further, That such
                regulations shall provide for the continued assignment of
                space and the continued furnishing of service in such garage
                for official motor vehicles of the House and the Senate and
                the Architect of the Capitol and Capitol Grounds maintenance
                equipment.
                    (b) As used in subsection (a) of this section, the term
                ``servicing'' includes, with respect to an official motor
                vehicle, the washing and fueling of such vehicle, the
                checking of its tires and battery, and checking and adding
                oil. (June 30, 1932, ch. 314, Sec. 1, 47 Stat. 391; Aug. 20,
                1964, Pub. L. 88-454, 78 Stat. 545; Oct. 13, 1980, Pub. L.
                96-444, Sec. 1(a)(1), (b), 94 Stat. 1889.)

    [[Page 781]]

           520  Sec. 186. Transfer of material and equipment to Architect.
                    The Secretary of the Army is authorized to transfer,
                without payment, to the Architect of the Capitol, such
                material and equipment, not required by the Department of
                the Army, as the Architect may request for use at the
                Capitol powerplant, the Capitol Building, and the Senate and
                House Office Buildings. (June 5, 1920, ch. 253, Sec. 1, 41
                Stat. 1035; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
           521  Sec. 187. National Statuary Hall.
                    Suitable structures and railings shall be erected in the
                old hall of Representatives for the reception and protection
                of statuary, and the same shall be under the supervision and
                direction of the Architect of the Capitol. And the President
                is authorized to invite all the States to provide and
                furnish statues, in marble or bronze, not exceeding two in
                number for each State, of deceased persons who have been
                citizens thereof, and illustrious for their historic renown
                or for distinguished civic or military services, such as
                each State may deem to be worthy of this national
                commemoration; and when so furnished, the same shall be
                placed in the old hall of the House of Representatives, in
                the Capitol of the United States, which is set apart, or so
                much thereof as may be necessary, as a national statuary
                hall for the purpose indicated in this section. (R.S.
                Sec. 1814; Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147;
                Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
         521.1                       Location of Statues
                    House Concurrent Resolution 47, passed Feb. 24, 1933, 47
                Stat. Part 2, 1784, provided:
                    ``That the Architect of the Capitol, upon the approval
                of the Joint Committee on the Library, with the advice of
                the Commission on Fine Arts, is hereby authorized and
                directed to relocate within the Capitol any of the statues
                already received and placed in Statuary Hall, and to provide
                for the reception and location of the statues received
                hereafter from the States.''
           522  Sec. 188. Works of fine arts.
                    The Joint Committee on the Library, whenever, in their
                judgment, it is expedient, are authorized to accept any work
                of the fine arts, on behalf of Congress, which may be
                offered, and to assign the same such place in the Capitol as
                they may deem suitable, and shall have the supervision of
                all works of art that may be placed in the Capitol. (R.S.
                Sec. 1831.)
          522a  Sec. 188a. United States Capitol Preservation Commission.
                (a) Establishment and purposes.
                    There is established in the Congress the United States
                Capitol Preservation Commission (hereinafter in sections
                188a to 188a-5 of this title referred to as the
                ``Commission'') for the purposes of----
                            (1) providing for improvements in, preservation
                        of, and acquisitions for, the United States Capitol;
                            (2) providing for works of fine art and other
                        property for display in the United States Capitol
                        and at other locations under the control of the
                        Congress; and
                            (3) conducting other activities that directly
                        facilitate, encourage, or otherwise support any
                        purposes specified in paragraph (1) or (2).

    [[Page 782]]

                (b) Membership.
                    The Commission shall be composed of the following
                Members of Congress:
                            (1) The President pro tempore of the Senate and
                        the Speaker of the House of Representatives, who
                        shall be co-chairmen.
                            (2) The Chairman and Vice-Chairman of the Joint
                        Committee on the Library.
                            (3) The Chairman and the ranking minority party
                        member of the Committee on Rules and Administration
                        of the Senate, and the Chairman and the ranking
                        minority party member of the Committee on House
                        Administration of the House of Representatives.
                            (4) The majority leader and the minority leader
                        of the Senate.
                            (5) The majority leader and the minority leader
                        of the House of Representatives.
                            (6) The Chairman of the Commission on the
                        Bicentennial of the United States Senate and the
                        Chairman of the Commission of the House of
                        Representatives Bicentenary, to be succeeded upon
                        expiration of such commissions, by a Senator or
                        Member of the House of Representatives, as
                        appropriate, appointed by the Senate or House of
                        Representatives co-chairman of the Commission,
                        respectively.
                            (7) One Senator appointed by the President pro
                        tempore of the Senate and one Senator appointed by
                        the minority leader of the Senate.
                            (8) One Member of the House of Representatives
                        appointed by the Speaker of the House of
                        Representatives and one Member of the House of
                        Representatives appointed by the minority leader of
                        the House of Representatives.
                (c) Designees.
                    Each member of the Commission specified under subsection
                (b) of this section (other than a member under paragraph (7)
                or (8) of such subsection) may designate a Senator or Member
                of the House of Representatives, as the case may be, to
                serve as a member of the Commission in place of the member
                so specified.
                (d) Architect of the Capitol.
                    In addition to the members under subsection (b) of this
                section, the Architect of the Capitol shall participate in
                the activities of the Commission, ex officio, and without
                the right to vote.
                (e) Staff support and assistance.
                    The Senate Commission on Art, the House of
                Representatives Fine Arts Board, and the Architect of the
                Capitol shall provide to the Commission such staff support
                and assistance as the Commission may request.

                (Pub. L. 100-696, Title VIII, Sec. 801, Nov. 18, 1988, 102
                Stat. 4608.)

        522a-1  Sec. 188a-1. Authority of Commission to accept gifts and
                    conduct other transactions relating to works of fine art
                    and other property.
                (a) In general.
                    In carrying out the purposes referred to in section
                188a(a) of this title the Commission is authorized--

    [[Page 783]]

                            (1) to accept gifts of works of fine art, gifts
                        of other property, and gifts of money; and
                            (2) to acquire property, administer property,
                        dispose of property, and conduct other transactions
                        related to such purposes.
                (b) Transfer and disposition of works of fine art and other
                    property.
                    The Commission shall, with respect to works of fine art
                and other property received by the Commission--
                            (1) in consultation with the Joint Committee on
                        the Library, the Senate Commission on Art, or the
                        House of Representatives Fine Arts Board, as the
                        case may be, transfer such property to the entity
                        consulted;
                            (2) if a transfer described in paragraph (1) is
                        not appropriate, dispose of the work of fine art by
                        sale or other transaction; and
                            (3) in the case of property that is not directly
                        related to the purposes referred to in section
                        188a(a) of this title, dispose of such property by
                        sale or other transaction.
                (c) Requirements for conduct of transactions.
                    In conducting transactions under this section, the
                Commission shall--
                            (1) accept money only in the form of a check or
                        similar instrument made payable to the Treasury of
                        the United States and shall deposit any such check
                        or instrument in accordance with section 188a-2 of
                        this title;
                            (2) in making sales and engaging in other
                        property transactions, take into consideration
                        market conditions and other relevant factors; and
                            (3) assure that each transaction is directly
                        related to the purposes referred to in section
                        188a(a) of this title.

                (Pub. L. 100-696, Title VIII, Sec. 802, Nov. 18, 1988, 102
                Stat. 4609; Pub. L. 101-302, Title III, Sec. 312(a), May 25,
                1990, 104 Stat. 245.)

        522a-2  Sec. 188a-2. Capitol Preservation Fund.
                (a) In general.
                    There is established in the Treasury a fund, to be known
                as the ``Capitol Preservation Fund'' (hereafter in sections
                188a to 188a-5 of this title referred to as the ``fund''),
                which shall consist of (1) amounts deposited, and interest
                and proceeds credited, under subsection (d) of this section,
                (2) obligations obtained under subsection (e) of this
                section, and (3) all surcharges received by the Secretary of
                the Treasury from the sale of coins minted under the
                Bicentennial of the United States Congress Commemorative
                Coin Act.
                (b) Availability of fund.
                    The fund shall be available to the Commission--
                            (1) for payment of transaction costs and similar
                        expenses incurred under section 188a-1 of this
                        title;
                            (2) subject to the approval of the Committee on
                        Appropriations of the House of Representatives and
                        the Committee on Appropriations of the Senate, for
                        improvement and preservation projects for the United
                        States Capitol;
                            (3) for disbursement with respect to works of
                        fine art and other property as provided in section
                        188a-1 of this title; and

    [[Page 784]]

                            (4) for such other payments as may be required
                        to carry out section 188a of this title or section
                        188a-1 of this title.
                (c) Transaction costs and proportionality.
                    In carrying out this section, the Commission shall, to
                the extent practicable, take such action as may be
                necessary--
                            (1) to minimize disbursements under subsection
                        (b)(1) of this section; and
                            (2) to equalize disbursements under subsection
                        (b) of this section between the Senate and the House
                        of Representatives.
                (d) Deposits, credits, and disbursements.
                    The Commission shall deposit in the fund gifts of money
                and proceeds of transactions under section 188a-1 of this
                title. The Secretary of the Treasury shall credit to the
                fund the interest on, and the proceeds from sale or
                redemption of, obligations held in the fund. Disbursements
                from the fund shall be made on vouchers approved by the
                Commission and signed by the co-chairmen.
                (e) Investments.
                    The Secretary of the Treasury shall invest any portion
                of the fund that, as determined by the Commission, is not
                required to meet current withdrawals. Each investment shall
                be made in an interest bearing obligation of the United
                States or an obligation guaranteed as to principal and
                interest by the United States that, as determined by the
                Commission has a maturity suitable for the fund. In carrying
                out this subsection, the Secretary may make such purchases,
                sales, and redemptions of obligations as may be approved by
                the Commission.

                (Pub. L. 100-696, Title VIII, Sec. 803, Nov. 18, 1988, Stat.
                4609; Pub. L. 101-302, Title III, Sec. 312(b), May 25, 1990,
                104 Stat. 245.)

        522a-3  Sec. 188a-3. Audits by the Comptroller General.
                    The Comptroller General shall conduct annual audits of
                the transactions of the Commission and shall report the
                results of each audit to the Congress. (Pub. L. 100-696,
                Title VIII, Sec. 804, Nov. 18, 1988, 102 Stat. 4610.)
        522a-4  Sec. 188a-4. Advisory boards.
                    The Commission may establish appropriate boards to
                provide advice and assistance to the Commission and to
                further the purposes of the Commission. The boards shall be
                composed of members (including chairmen) who shall be
                appointed by the Commission from public and private life and
                shall serve at the pleasure of the Commission and each co-
                chairman of the Commission may appoint one member to any
                such board. The members of boards under this section may be
                reimbursed for actual and necessary expenses incurred in the
                performance of the duties of the boards, at the discretion
                of the Commission. (Pub. L. 100-696, Title VIII, Sec. 805,
                Nov. 18, 1988, 102 Stat. 4610.)
        522a-5  Sec. 188a-5. Definition.
                    As used in sections 188a to 188a-5 of this title, the
                term ``Member of the House of Representatives'' means a
                Representative in, or a Delegate or Resident Commissioner
                to, the Congress. (Pub. L. 100-696, Title VIII, Sec. 806,
                Nov. 18, 1988, 102 Stat. 4610.)

    [[Page 785]]

          522b  Sec. 188b. Senate Commission on Art.
                (a) Establishment.
                    There is hereby established a Senate Commission on Art
                (hereinafter referred to as ``the Commission'') consisting
                of the President pro tempore of the Senate, the chairman and
                ranking minority member of the Committee on Rules and
                Administration of the Senate, and the majority and minority
                leaders of the Senate.
                (b) Chairman and Vice Chairman; quorum; Executive Secretary.
                    The Commission shall elect a Chairman and a Vice
                Chairman at the beginning of each Congress. Three members of
                the Commission shall constitute a quorum for the transaction
                of business, except that the Commission may fix a lesser
                number which shall constitute a quorum for the taking of
                testimony. The Secretary of the Senate shall be the
                Executive Secretary of the Commission\1\
                    \1\So in original. Probably should end with a period.
                (c) Selection of Curator of Art and Antiquities of the
                    Senate; availability of professional and clerical
                    assistance.
                    The Commission shall select a Curator of Art and
                Antiquities of the Senate who shall be appointed by and be
                an employee of the Secretary of the Senate. The Curator
                shall serve at the pleasure of the Commission, shall perform
                such duties as it may prescribe, and shall receive
                compensation at a gross rate, not to exceed $22,089 per
                annum to be fixed by the Commission. At the request of the
                Commission the Secretary of the Senate shall detail to the
                Commission such additional professional, clerical, and other
                assistants as, from time to time, it deems necessary.
                (d) Hearings and meetings.
                    The Commission shall be empowered to hold hearings,
                summon witnesses, administer oaths, employ reporters,
                request the production of papers and records, take such
                testimony, and adopt such rules for the conduct of its
                hearings and meetings, as it deems necessary. (Pub. L. 100-
                696, Title IX, Sec. 901(a), (b)(1), (3), Nov. 18, 1988, 102
                Stat. 4610, 4611.)
        522b-1  Sec. 188b-1. Duties of Commission.
                (a) In general.
                    The Commission is hereby authorized and directed to
                supervise, hold, place, protect, and make known all works of
                art, historical objects, and exhibits within the Senate wing
                of the United States Capitol, any Senate Office Buildings,
                and in all rooms, spaces, and corridors thereof, which are
                the property of the United States, and in its judgment to
                accept any works of art, historical objects, or exhibits
                which may hereafter be offered, given, or devised to the
                Senate, its committees, and its officers for placement and
                exhibition in the Senate wing of the Capitol, the Senate
                Office Buildings, or in rooms, spaces, or corridors thereof.
                (b) Issuance and publication of regulations.
                    The Commission shall prescribe such regulations as it
                deems necessary for the care, protection, and placement of
                such works of art, exhibits, and historical objects in the
                Senate wing of the Capitol and the Senate Office Buildings,
                and for their acceptance on behalf of the Senate, its

    [[Page 786]]

                committees, and officers. Such regulations shall be
                published in the Congressional Record at such time or times
                as the Commission may deem necessary for the information of
                the Members of the Senate and the public.
                (c) Consistency of regulations.
                    Regulations authorized by the provisions of section 193
                of this title to be issued by the Sergeant at Arms of the
                Senate for the protection of the Capitol, and any
                regulations issued, or activities undertaken, by the
                Committee on Rules and Administration of the Senate, or the
                Architect of the Capitol, in carrying out duties relating to
                the care, preservation, and protection of the Senate wing of
                the Capitol and the Senate Office Buildings, shall be
                consistent with such rules and regulations as the Commission
                may issue pursuant to subsection (b) of this section.
                (d) Responsibilities of Committee on Rules and
                    Administration of the Senate.
                    The Committee on Rules and Administration of the Senate
                in consultation with the Architect of the Capitol and
                consistent with regulations prescribed by the Commission
                under subsection (b) of this section, shall have
                responsibility for the supervision, protection, and
                placement of all works of art, historical objects, and
                exhibits which shall have been accepted on behalf of the
                Senate by the Commission or acknowledged as United States
                property by inventory of the Commission, and which may be
                lodged in the Senate wing of the Capitol or the Senate
                Office Building by the Commission.

                (Pub. L. 100-696, Title IX, Sec. 901(a), (b)(2), Nov. 18,
                1988, 102 Stat. 4610, 4611.)

        522b-2  Sec. 188b-2. Supervision and maintenance of Old Senate
                    Chamber.
                    The Commission shall have responsibility for the
                supervision and maintenance of the Old Senate Chamber on the
                principal floor of the Senate wing of the Capitol insofar as
                it is to be preserved as a patriotic shrine in the Capitol
                for the benefit of the people of the United States.

                (Pub. L. 100-696, Title IX, Sec. 901(a), Nov. 18, 1988, 102
                Stat. 4610.)

        522b-3  Sec. 188b-3. Publication of list of works of art, historical
                    objects, and exhibits.
                    The Commission shall, from time to time, but at least
                once every ten years, publish as a Senate document a list of
                all works of art, historical objects, and exhibits currently
                within the Senate wing of the Capitol and the Senate Office
                Buildings, together with their description, location, and
                with such notes as may be pertinent to their history.

                (Pub. L. 100-696, Title IX, Sec. 901(a), Nov. 18, 1988, 102
                Stat. 4610.)

        522b-4  Sec. 188b-4. Authorization of appropriations.
                    There is hereby authorized to be appropriated out of the
                contingent fund of the Senate for the expenses of the
                Commission the sum of $15,000 each fiscal year, to be
                disbursed by the Secretary of the Senate on vouchers signed
                by the Chairman or Vice Chairman of the Commission:
                Provided, That no payment shall be made from such
                appropriation as salary. (Pub. L. 100-696, Title IX,
                Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.)

    [[Page 787]]

        522b-5  Sec. 188b-5. Additional authority for Senate Commission on
                    Art to acquire works of art, historical objects,
                    documents, exhibits, or exhibitions.
                    (a) The Senate Commission on Art, in addition to any
                authority conferred upon it by sections 188b to 188b-4 of
                this title, is authorized to acquire any work of art,
                historical object, document or material relating to
                historical matters, or exhibit for placement or exhibition
                in the Senate wing of the Capitol, the Senate Office
                Buildings, or in rooms, spaces, or corridors thereof.
                    (b) This section shall be effective as of March 1, 1971.

                (Pub. L. 100-696, Title IX, Sec. 901(a), (c), Nov. 18, 1988,
                102 Stat. 4610, 4611.)

        522b-6  Sec. 188b-6. Conservation, restoration, replication, or
                    replacement of items in United States Senate Collection.
                (a) Use of moneys in Senate contingent fund.
                    Effective with the fiscal year ending September 30,
                1996, and each fiscal year thereafter, subject to the
                approval of the Committee on Appropriations of the Senate,
                any unexpended and unobligated funds in the appropriation
                account for the ``Secretary of the Senate'' within the
                contingent fund of the Senate which have not been withdrawn
                in accordance with section 102a of Title 2 shall be
                available for the expenses incurred, without regard to the
                fiscal year in which incurred, for the conservation,
                restoration, and replication or replacement, in whole or in
                part, of items of art, fine art, and historical items within
                the Senate wing of the United States Capitol, any Senate
                Office Building, or any room, corridor, or other space
                therein. In the case of replication or replacement of such
                items, the funds available under this subsection shall be
                available for any such items previously contained within the
                Senate wing of the Capitol, or an item historically
                accurate.
                (b) United States Senate Collection.
                    All such items of art referred to in subsection (a) of
                this section shall be known as the ``United States
                Collection''.
                (c) Approval of disbursements by Chairman or Executive
                    Secretary of Senate Commission on Art.
                    Disbursements for expenses incurred for the purposes in
                subsection (a) of this section shall be made upon vouchers
                approved by the Chairman of the Senate Commission on Art or
                the Executive Secretary of the Senate Commission on Art.

                (Pub. L. 101-302, Title III, Sec. 316, May 25, 1990, 104
                Stat. 246; Pub. L. 101-520, Title III, Sec. 323, Nov. 5,
                1990, 104 Stat. 2285; Pub. L. 102-90, Title III, Sec. 310,
                Aug. 14, 1991, 105 Stat. 467; Pub. L. 102-392, Title III,
                Sec. 312, Oct. 6, 1992, 106 Stat. 1723; Pub. L. 104-53,
                Sec. 311, Nov. 19, 1995, 109 Stat. 538.)

           523  Sec. 189. Art exhibits.
                    No work of art or manufacture other than the property of
                the United States shall be exhibited in the National
                Statuary Hall, the Rotunda, or the corridors of the Capitol.
                (Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat. 391.)

    [[Page 788]]

           524  Sec. 190. Same.
                    No room in the Capitol shall be used for private studios
                or works of art, without permission from the Joint Committee
                on the Library, given in writing; and it shall be the duty
                of the Architect of the Capitol to carry this provision into
                effect. (Mar. 3. 1875, ch. 130, Sec. 1, 18 Stat. 376.)
           525  Sec. 193. Protection of buildings and property.
                    The Sergeants at Arms of the Senate and of the House of
                Representatives are authorized to make such regulations as
                they may deem necessary for preserving the peace and
                securing the Capitol from defacement, and for the protection
                of the public property therein, and they shall have power to
                arrest and detain any person violating such regulations,
                until such person can be brought before the proper
                authorities for trial. (R.S. Sec. 1820.)

                                Cross Reference

                    Policing of Capitol building and grounds, see section
                212a of this title (Senate Manual section 546).
                    Use of Capitol Grounds as playground prohibited, see
                section 214 of this title (Senate Manual section 549).
                    Use of Capitol Grounds for temporary recreational
                purposes permitted, see section 214a of this title (Senate
                Manual section 549a).
           526  Sec. 193a. United States Capitol Grounds; area comprising;
                    jurisdiction.
                    The United States Capitol Grounds shall comprise all
                squares, reservations, streets, roadways, walks, and other
                areas as defined on a map entitled ``Map showing areas
                comprising United States Capitol Grounds'', dated June 25,
                1946, approved by the Architect of the Capitol and recorded
                in the Office of the Surveyor of the District of Columbia in
                book 127, page 8, including all additions added thereto by
                law subsequent to June 25, 1946, and the jurisdiction and
                control over the United States Capitol Grounds, vested prior
                to July 31, 1946, by law in the Architect of the Capitol, is
                extended to the entire area of the United States Capitol
                Grounds and the Architect of the Capitol shall be
                responsible for the maintenance and improvement thereof,
                including those streets and roadways in said United States
                Capitol Grounds as shown on said map as being under the
                jurisdiction and control of the Commissioners of the
                District of Columbia, except that the Commissioners of the
                District of Columbia shall be responsible for the
                maintenance and improvement of those portions of the
                following streets which are situated between the curblines
                thereof: Constitution Avenue from Second Street Northeast to
                Third Street Northwest, First Street from D Street N.E. to D
                Street S.E., D Street from First Street S.E. to Canal Street
                S.W., and First Street from the north side of Louisiana
                Avenue to the intersection of C Street and Canal Street
                S.W., Pennsylvania Avenue Northwest from First Street
                Northwest to Third Street Northwest, Maryland Avenue
                Southwest from First Street Southwest to Third Street
                Southwest, Second Street Northeast from F Street Northeast
                to C Street Southeast; C Street Southeast from Second Street
                Southeast to First Street Southeast; that portion of
                Maryland Avenue Northeast from Second Street Northeast to
                First Street Northeast; that portion of New Jersey Avenue
                Northwest from D Street Northwest to Louisiana Avenue; that
                portion

    [[Page 789]]

                of Second Street Southwest from the north curb of D Street
                to the south curb of Virginia Avenue Southwest; that portion
                of Virginia Avenue Southwest from the east curb of Second
                Street Southwest to the west curb of Third Street Southwest;
                that portion of Third Street Southwest from the south curb
                of Virginia Avenue Southwest to the north curb of D Street
                Southwest; that portion of D Street Southwest from the west
                curb of Third Street Southwest to the east curb of Second
                Street Southwest; that portion of Canal Street Southwest,
                including sidewalks and traffic islands, from the south curb
                of Independence Avenue Southwest to the west curb of South
                Capitol Street: Provided, That the Commissioner of the
                District of Columbia shall be permitted to enter any part of
                said United States Capitol Grounds for the purpose of
                repairing or maintaining or, subject to the approval of the
                Architect of the Capitol, for the purpose of constructing or
                altering, any utility service of the District of Columbia
                government. (July 31, 1946, ch. 707, Sec. 1, 60 Stat. 718;
                Oct. 20, 1967, Pub. L. 90-1080, Sec. 1(a), 81 Stat. 275;
                Oct. 10, 1980, Pub. L. 96-432, Sec. 2, 94 Stat. 1852.)

                                      Note

      Public Law 97-379, December 22, 1982, 96 Stat. 1935, provided in part
    that the definition of United States Capitol Grounds should include the
    following additional areas which are situated as follows:

                            (1) All sidewalks and contiguous areas presently
                        under the jurisdiction of the District of Columbia
                        located on the south side of Pennsylvania Avenue,
                        Northwest, between the west curb of First Street,
                        Northwest and the east curb of Third Street,
                        Northwest.
                            (2) All sidewalks and contiguous areas presently
                        under the jurisdiction of the District of Columbia
                        located on the north side of Maryland Avenue,
                        Southwest, between the west curb of First Street,
                        Southwest and the east curb of Third Street,
                        Southwest.
                            (3) All sidewalks and contiguous areas presently
                        under the jurisdiction of the District of Columbia,
                        located on the west side of First Street between the
                        south curb of Pennsylvania Avenue, Northwest and the
                        north curb of Maryland Avenue, Southwest.
                            (4) All sidewalks and contiguous areas presently
                        under the jurisdiction of the District of Columbia,
                        located on the east side of Third Street between the
                        south curb of Pennsylvania Avenue, Northwest and the
                        north curb of Maryland Avenue, Southwest.
                    Section 3 of Pub. L. 96-432 provided that: ``On and
                after the effective date of this section [See section 4 of
                Pub. L. 96-432], that portion of C Street Northeast from the
                west curb of Second Street Northeast to the east curb of
                First Street Northeast shall be under the exclusive
                jurisdiction and control of the Capitol Police Board and the
                Architect of the Capitol in the same manner and to the same
                extent as such Board or the Architect of the Capitol has
                over other streets comprising the United States Capitol
                Grounds, and the Architect of the Capitol shall be
                responsible for the maintenance and improvement thereof.''
           527  Sec. 193b. Same; public use.
                    Public travel in and occupancy of said United States
                Capitol Grounds shall be restricted to the roads, walks, and
                places prepared for that purpose by flagging, paving, or
                otherwise. (July 31, 1946, ch. 707, Sec. 2, 60 Stat. 718.)
           528  Sec. 193c. Same; obstruction of roads; conveyance of goods
                    or merchandise.
                    It is forbidden to occupy the roads in said United
                States Capitol Grounds in such manner as to obstruct or
                hinder their proper use, or to use the roads in the area of
                said United States Capitol Grounds, south of Constitution
                Avenue and B Street and north of Independence

    [[Page 790]]

                Avenue and B Street, for the conveyance of goods or
                merchandise, except to or from the Capitol on Government
                service. (July 31, 1946, ch. 707, Sec. 3, 60 Stat. 718.)
           529  Sec. 193d. Same; sale of articles; signs; solicitation.
                    It is forbidden to offer or expose any article for sale
                in said United States Capitol Grounds; to display any sign,
                placard, or other form of advertisement therein; to solicit
                fares, alms, subscriptions, or contributions therein. (July
                31, 1946, ch. 707, Sec. 4, 60 Stat. 718.)
           530  Sec. 193e. Same; injuries to property.
                    It is forbidden to step or climb upon, remove, or in any
                way injure any statue, seat, wall, fountain, or other
                erection or architectural feature, or any tree, shrub,
                plant, or turf in said United States Capitol Grounds. (July
                31, 1946, ch. 707, Sec. 5, 60 Stat. 718.)
           531  Sec. 193f. Same; firearms, dangerous weapons, explosives, or
                    incendiary devices; violent entry and disorderly conduct
                    in the Capitol Grounds and Buildings; exemption of
                    Government officials.
                    (a) It shall be unlawful for any person or group of
                persons--
                            (1) Except as authorized by regulations which
                        shall be promulgated by the Capitol Police Board:

                                    (A) to carry on or have readily
                                accessible to the person of any individual
                                upon the United States Capitol Grounds or
                                within any of the Capitol Buildings any
                                firearm, dangerous weapon, explosive, or
                                incendiary device; or

                                    (B) to discharge any firearm or
                                explosive, to use any dangerous weapon, or
                                to ignite any incendiary device, upon the
                                United States Capitol Grounds or within any
                                of the Capitol Buildings; or

                                    (C) to transport by any means upon the
                                United States Capitol Grounds or within any
                                of the Capitol Buildings any explosive or
                                incendiary device; or

                            (2) Knowingly, with force and violence, to enter
                        or to remain upon the floor of either House of the
                        Congress.
                    (b) It shall be unlawful for any person or group of
                persons willfully and knowingly--
                            (1) to enter or to remain upon the floor of
                        either House of the Congress, to enter or to remain
                        in any cloakroom or lobby adjacent to such floor, or
                        to enter or to remain in the Rayburn Room of the
                        House or the Marble Room of the Senate, unless such
                        person is authorized, pursuant to rules adopted by
                        that House or pursuant to authorization given by
                        that House, to enter or to remain upon such floor or
                        in such cloakroom, lobby, or room;
                            (2) to enter or to remain in the gallery of
                        either House of the Congress in violation of rules
                        governing admission to such gallery adopted by that
                        House or pursuant to authorization given by that
                        House;
                            (3) to enter or to remain in any room within any
                        of the Capitol Buildings set aside or designated for
                        the use of either House of the Congress or any
                        Member, committee, subcommittee, officer, or
                        employee of the Congress or either House thereof
                        with intent to disrupt the orderly conduct of
                        official business;

    [[Page 791]]

                            (4) to utter loud, threatening, or abusive
                        language, or to engage in any disorderly or
                        disruptive conduct, at any place upon the United
                        States Capitol Grounds or within any of the Capitol
                        Buildings with intent to impede, disrupt, or disturb
                        the orderly conduct of any session of the Congress
                        or either House thereof, or the orderly conduct
                        within any such building of any hearing before, or
                        any deliberations of, any committee or subcommittee
                        of the Congress or either House thereof;
                            (5) to obstruct, or to impede passage through or
                        within, the United States Capitol Grounds or any of
                        the Capitol Buildings;
                            (6) to engage in any act of physical violence
                        upon the United States Capitol Grounds or within any
                        of the Capitol Buildings; or
                            (7) to parade, demonstrate, or picket within any
                        of the Capitol Buildings.
                    (c) Nothing contained in this section shall forbid any
                act of any Member of Congress, or any employee of a Member
                of the Congress, any officer or employee of the Congress or
                any committee or subcommittee thereof, or any officer or
                employee of either House of the Congress or any committee or
                subcommittee thereof, which is performed in the lawful
                discharge of his official duties. (July 31, 1946, ch. 707,
                Sec. 6, 60 Stat. 718; Aug. 6, 1962, Pub. L. 87-571, 76 Stat.
                307; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(b), 81 Stat.
                276.)
           532  Sec. 193g. Same; parades or assemblages; display of flags.
                    It is forbidden to parade, stand, or move in processions
                or assemblages in said United States Capitol Grounds, or to
                display therein any flag, banner, or device designed or
                adapted to bring into public notice any party, organization,
                or movement, except as hereinafter provided in sections 193j
                and 193k of this title. (July 31, 1946, ch. 707, Sec. 7, 60
                Stat. 719.)

                                      Note

                    The Case of Jeannette Rankin Brigade v. Chief of Capitol
                Police, D.C., D.C. 1972, 342 F. Supp. 575, affirmed 93 S.
                Ct. 311, 409 U.S. 972, held that the governmental interest
                in maintenance of a ``park-like setting'' on Capitol grounds
                was not sufficient to sustain this section prohibiting
                parades or assemblages on the Capitol grounds and that the
                section is void on its face on both U.S.C.A. Const. Amends.
                1 and 5 grounds.

           533  Sec. 193h. Same; prosecution and punishment of offenses;
                    procedure.

                    (a) Any violation of section 193f(a) of this title, and
                any attempt to commit any such violation, shall be a felony
                punishable by a fine not exceeding $5,000, or imprisonment
                not exceeding five years, or both.
                    (b) Any violation of section 193b, 193c, 193d, 193e,
                193f(b), or 193g of this title, and any attempt to commit
                any such violation, shall be a misdemeanor punishable by a
                fine not exceeding $500, or imprisonment not exceeding six
                months, or both.
                    (c) Violations of sections 193a-193m, 212a and 212b of
                this title, including attempts or conspiracies to commit
                such violations, shall be prosecuted by the United States
                attorney or his assistants in the name of the United States.
                None of the general laws of the United States and none of
                the laws of the District of Columbia shall be superseded by
                any provision of sections 193a-193m, 212a and 212b of this
                title. Where the conduct violating sections 193a-193m, 212a
                and 212b of this title also violates the general laws of the
                United States or the laws

    [[Page 792]]

                of the District of Columbia, both violations may be joined
                in a single prosecution. Prosecution for any violation of
                section 193f(a) of this title or for conduct which
                constitutes a felony under the general laws of the United
                States or the laws of the District of Columbia shall be in
                the United States District Court for the District of
                Columbia. All other prosecutions for violations of sections
                193a-193m, 212a and 212b of this title may be in the
                Superior Court of the District of Columbia. Whenever any
                person is convicted of a violation of sections 193a-193m,
                212a and 212b of this title and of the general laws of the
                United States or the laws of the District of Columbia, in a
                prosecution under this subsection, the penalty which may be
                imposed for such violation is the highest penalty authorized
                by any of the laws for violation of which the defendant is
                convicted. (July 31, 1946, ch. 707, Sec. 8, 60 Stat. 719;
                Oct. 20, 1967, Pub. L. 90-108, Sec. 1(c), 81 Stat. 277; July
                29, 1970. Pub. L. 91-358, Sec. 155(a), 84 Stat. 570.)
           534  Sec. 193i. Same; assistance to authorities by Capitol
                    employees.
                    It shall be the duty of all persons employed in the
                service of the Government in the Capitol or in the United
                States Capitol Grounds to prevent, as far as may be in their
                power, offenses against sections 193a-193m, 212a, 212b of
                this title, and to aid the police, by information or
                otherwise, in securing the arrest and conviction of
                offenders. (July 31, 1946, ch. 707, Sec. 10, 60 Stat. 719.)
           535  Sec. 193j. Same; suspension of prohibitions against use of
                    grounds.
                    In order to admit of the due observance within the
                United States Capitol Grounds of occasions of national
                interest becoming the cognizance and entertainment of
                Congress, the President of the Senate and the Speaker of the
                House of Representatives, acting concurrently, are
                authorized to suspend for such proper occasions so much of
                the prohibitions contained in sections 193b-193g of this
                title as would prevent the use of the roads and walks of the
                said grounds by processions or assemblages, and the use upon
                them of suitable decorations, music, addresses, and
                ceremonies: Provided, That responsible officers shall have
                been appointed, and arrangements determined which are
                adequate, in the judgment of said President of the Senate
                and Speaker of the House of Representatives, for the
                maintenance of suitable order and decorum in the
                proceedings, and for guarding the Capitol and its grounds
                from injury. (July 31, 1946, ch. 707, Sec. 11, 60 Stat.
                719.)
           536  Sec. 193k. Same; power of Capitol Police Board to suspend
                    prohibitions.
                    In the absence from Washington of either of the officers
                designated in section 193j of this title, the authority
                therein given to suspend certain prohibitions of sections
                193b-193g of this title shall devolve upon the other, and in
                the absence from Washington of both it shall devolve upon
                the Capitol Police Board: Provided, That notwithstanding the
                provisions of sections 193g and 193j of this title, the
                Capitol Police Board is authorized to grant the
                Commissioners of the District of Columbia authority to
                permit the use of Louisiana Avenue for any of the purposes
                prohibited by section 193g of this title. (July 31, 1946,
                ch. 707, Sec. 12, 60 Stat. 719.)

    [[Page 793]]

           537  Sec. 193l. Same; concerts on grounds.
                    Nothing in sections 193a-193k and 212a of this title
                shall be construed to prohibit the giving of concerts in the
                United States Capitol Grounds, at such times as will not
                interfere with the Congress, by any band in the service of
                the United States, when and as authorized by the Architect
                of the Capitol. (July 31, 1946, ch. 707, Sec. 13, 60 Stat.
                720.)
           538  Sec. 193m. Same; definitions.
                    (a) As used in sections 193a-193m, 212a and 212b of this
                title--
                            (1) The term ``Capitol Buildings'' means the
                        United States Capitol, the Senate and House Office
                        Buildings and garages, the Capitol Power Plant, all
                        subways and enclosed passages connecting two or more
                        such structures, and the real property underlying
                        and enclosed by any such structure.
                            (2) The term ``firearm'' shall have the same
                        meaning as when used in section 901(3) of title 15.
                            (3) The term ``dangerous weapon'' includes all
                        articles enumerated in section 14(a) of the Act of
                        July 8, 1932 (47 Stat. 654, as amended; D.C. Code
                        22-3214(a)) and also any device designed to expel or
                        hurl a projectile capable of causing injury to
                        persons or property, daggers, dirks, stilettoes, and
                        knives having blades over three inches in length.
                            (4) The term ``explosive'' shall have the same
                        meaning as when used in section 121(1) of title 50.
                            (5) The term ``act of physical violence'' means
                        any act involving (1) an assault or any other
                        infliction or threat of infliction of death or
                        bodily harm upon any individual, or (2) damage to or
                        destruction of any real property or personal
                        property. (July 31, 1946, ch. 707, Sec. 16(a), 60
                        Stat. 721; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(d),
                        81 Stat. 277.)
         538.1  Sec. 193m-1. Audit of accounts of certain private
                    organizations.
                    Any private organization, except political parties and
                committees constituted for election of Federal officials,
                whether or not organized for profit and whether or not any
                of its income inures to the benefit of any person, which
                performs services or conducts activities in or on the United
                States Capitol Buildings or Grounds, as defined by or
                pursuant to law, shall be subject, for each year in which it
                performs such services or conducts such activities, to a
                special audit of its accounts which shall be conducted by
                the General Accounting Office. The results of such audit
                shall be reported by the Comptroller General to the Senate
                and House of Representatives. (Oct. 26, 1970, Pub. L. 91-
                510, Sec. 451, 84 Stat. 1193.)
           539  Sec. 206. Capitol police; appointment.
                    There shall be a Capitol police. The captain and
                lieutenants shall be selected jointly by the Sergeant at
                Arms of the Senate and the Sergeant at Arms of the House of
                Representatives; and one-half of the privates shall be
                selected by the Sergeant at Arms of the Senate and one-half
                by the Sergeant at Arms of the House of Representatives. The
                Capitol Police shall be headed by a Chief who shall be
                appointed by the Capitol Police Board and shall serve at the
                pleasure of the Board. (R.S. Sec. 1821; Apr. 28, 1902. Ch.
                594, Sec. 1, 32 Stat. 124; June 28, 1943,

    [[Page 794]]

                ch. 173, Sec. 101, 57 Stat. 230; Dec. 20, 1979, Pub. L. 96-
                152, Sec. 1(a), 93 Stat. 1099.)
         539.1  Sec. 206c. Same; emergency duty overtime pay from funds
                    disbursed by Secretary of the Senate; compensatory time
                    off in place of additional pay; election, accrual and
                    transfer of time off; rules and regulations.
                    Each officer or member of the Capitol Police force whose
                compensation is disbursed by the Secretary of the Senate,
                who performs duty in addition to the number of hours of his
                regularly scheduled tour of duty for any day on or after
                July 1, 1974, is entitled to be paid compensation (when
                ordered to perform such duty by proper authority) or receive
                compensatory time off for each such additional hour of duty,
                except that an officer shall be entitled to such
                compensation only upon a determination made by the Capitol
                Police Board with respect to any additional hours.
                Compensation of an officer or member for each additional
                hour of duty shall be paid at a rate equal to his hourly
                rate of compensation in the case of an officer, and at a
                rate equal to one and one-half times his hourly rate of
                compensation for a member of such force. The hourly rate of
                compensation of such officer or member shall be determined
                by dividing his annual rate of compensation by 2,080. Any
                officer or member entitled to be paid compensation for such
                additional hours shall make a written election, which is
                irrevocable, whether he desires to be paid that compensation
                or to receive compensatory time off instead for each such
                hour. Compensation due officers and members under this
                paragraph shall be paid by the Secretary, upon certification
                by the Chief of the Capitol Police at the end of each
                calendar quarter and approval of the Capitol Police Board,
                from funds available in the Senate appropriation,
                ``Salaries, Officers and Employees'' for the fiscal year in
                which the additional hours of duty are performed without
                regard to the limitations specified therein. Any
                compensatory time off accured and not used by an officer or
                member at the time he is separated from service on the
                Capitol Police force may not be transferred to any other
                department, agency, or establishment of the United States
                Government or the government of the District of Columbia,
                and no lump-sum amount shall be paid for such accured time.
                The Capitol Police Board is authorized to prescribe
                regulations to carry out this section. (Pub. L. 92-51,
                Sec. 101, July 9, 1971; 85 Stat. 130, amended Pub. L. 93-
                145, Sec. 101, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-371,
                Sec. 101(5), Aug. 13, 1974, 88 Stat. 430.)
           540  Sec. 207. Same; payment.
                    The said police shall be paid on the order of the
                Sergeant at Arms of the Senate and the Sergeant at Arms of
                the House, or of either of them. (R.S. Sec. 1822.)
          540a  Sec. 207a. Unified payroll administration for Capitol
                    Police.
                    Payroll administration for the Capitol Police and
                civilian support personnel of the Capitol Police shall be
                carried out on a unified basis by a single disbursing
                authority. The Capitol Police Board, with the approval of
                the Committee on House Administration of the House of
                Representatives and the Committee on Rules and
                Administration of the Senate, acting jointly, shall, by
                contract or otherwise, provide for such

    [[Page 795]]

                unified payroll administration. (July 31, 1946, c. 707,
                Sec. 9C, as added Oct. 6, 1992, Pub. L. 102-397, Title I,
                Sec. 102, 106 Stat. 1950.)

                                      Note

                                 Effective Date

                    Section 104 of Pub. L. 102-397, as amended Pub. L. 102-
                392, Title III, Sec. 321, Oct. 6, 1992, 106 Stat. 1726,
                provided that: ``The unified payroll administration under
                the amendment made by section 102 [enacting this section]
                shall apply with respect to pay periods beginning after
                September 30, 1993.''
           541  Sec. 208. Same; suspension of members.
                    The captain of the Capitol police may suspend any member
                of the force, subject to the approval of the two Sergeants
                at Arms and of the Architect of the Capitol. (R.S.
                Sec. 1823; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
           542  Sec. 209. Same; pay of members under suspension.
                    Whenever a member of the Capitol police or watch force
                is suspended from duty for cause, said policeman or watchman
                shall receive no compensation for the time of such
                suspension if he shall not be reinstated. (Mar. 3, 1875, ch.
                129, Sec. 1, 18 Stat. 345.)
           543  Sec. 210. Same; uniforms; belts and arms.
                    The Sergeant at Arms of the Senate and the Sergeant at
                Arms of the House of Representatives shall select and
                regulate the pattern for a uniform for the Capitol police
                and watchmen, and furnish each member of the force with the
                necessary belts and arms, payable out of the contingent fund
                of the Senate and House of Representatives upon the
                certificate of the officers above named. Such arms so
                furnished shall be carried by each officer and member of the
                Capitol Police, while in the Capitol Building (as defined in
                section 16(a)(1) of the Act of July 31, 1946, as amended (40
                U.S.C. 193m)), and while within or outside of the boundaries
                of the United States Capitol Grounds (as defined in the
                first section of the Act of July 31, 1946, as amended (40
                U.S.C. 193a)), in such manner and at such times as the
                Sergeant at Arms of the Senate and the Sergeant at Arms of
                the House of Representatives may, by regulations, prescribe.
                (R.S. Sec. 1824; Oct. 31, 1972, Pub. L. 92-607, Sec. 507, 86
                Stat. 1508; May 4, 1977, Pub. L. 95-26, Sec. 112, 91 Stat.
                87.)
           544  Sec. 211. Same; uniforms; at whose expense.
                    The members of the Capitol police shall furnish at their
                own expense, each his own uniform, which shall be in exact
                conformity to that required by regulation of the Sergeants
                at Arms. (R.S. Sec. 1825.)
           545  Sec. 212. Same; wearing uniform on duty.
                    The officers, privates, and watchmen of the Capitol
                police shall, when on duty, wear the regulation uniform.
                (Mar. 18, 1904, ch. 716, Sec. 1, 33 Stat. 89.)
           546  Sec. 212a. Policing of Capitol buildings and grounds; powers
                    of Capitol police; arrests by District of Columbia
                    police.
                    The Capitol Police shall police the United States
                Capitol Buildings and Grounds under the direction of the
                Capitol Police Board, consisting of the Sergeant at Arms of
                the United States Senate, the Sergeant

    [[Page 796]]

                at Arms of the House of Representatives, and the Architect
                of the Capitol, and shall have the power to enforce the
                provisions of sections 193a to 193m, 212a, 212a-2, and 212b
                of this title and regulations promulgated under section 212b
                of this title, and to make arrests within the United States
                Capitol Buildings and Grounds for any violations of any law
                of the United States, of the District of Columbia, or of any
                State, or any regulation promulgated pursuant thereto:
                Provided, That for the fiscal year for which appropriations
                are made by this Act the Capitol Police shall have the
                additional authority to make arrests within the District of
                Columbia for crimes of violence, as defined in section 16 of
                Title 18, committed within the Capitol Buildings and Grounds
                and shall have the additional authority to make arrests,
                without a warrant, for crimes of violence, as defined in
                section 16 of Title 18, committed in the presence of any
                member of the Capitol Police performing official duties:
                Provided further, That the Metropolitan Police force of the
                District of Columbia are authorized to make arrests within
                the United States Capitol Buildings and Grounds for any
                violation of any such laws or regulations, but such
                authority shall not be construed as authorizing the
                Metropolitan Police force, except with the consent or upon
                the request of the Capitol Police Board, to enter such
                buildings to make arrests in response to complaints or to
                serve warrants or to patrol the United States Capitol
                Buildings and Grounds. For the purpose of this section, the
                word ``grounds'' shall include the House Office Buildings
                parking areas and that part or parts of property which have
                been or hereafter are acquired in the District of Columbia
                by the Architect of the Capitol, or by an officer of the
                Senate or the House, by lease, purchase, intergovernment
                transfer, or otherwise, for the use of the Senate, the
                House, or the Architect of the Capitol. (July 31, 1946, ch.
                707, Sec. 9, 60 Stat. 719; Dec. 24, 1973, Pub. L. 93-198,
                title VII, Sec. 739(g)(4), (5), 87 Stat. 829; Pub. L. 101-
                520, Nov. 5, 1990, 104 Stat. 2264.)
         546.1  Sec. 212a-1. Capitol grounds and Library of Congress
                    grounds; detail of police.
                    The Capitol Police Board is authorized to detail police
                from the House Office, Senate Office, and Capitol Buildings
                for police duty on the Capitol Grounds and on the Library of
                Congress Grounds. (Pub. L. 96-432, Sec. 5, Oct. 10, 1980, 94
                Stat. 1853.)
         546.2  Sec. 212a-2. Protection of Members of Congress, officers of
                    Congress, and members of their families.
                (a) Authority of the Capitol Police.
                    Subject to the direction of the Capitol Police Board,
                the United States Capitol Police is authorized to protect,
                in any area of the United States, the person of any Member
                of Congress, officer of the Congress, as defined in section
                60-1(b) of Title 2, and any member of the immediate family
                of any such Member or officer, if the Capitol Police Board
                determines such protection to be necessary.
                (b) Detail of police.
                    In carrying out its authority under this section, the
                Capitol Police Board, or its designee, is authorized, in
                accordance with regulations issued by the Board pursuant to
                this section, to detail, on a case-by-case basis, members of
                the United States Capitol Police to provide such protection
                as the Board may determine necessary under this section.

    [[Page 797]]

                (c) Arrest of suspects.
                    In the performance of their protective duties under this
                section, members of the United States Capitol Police are
                authorized (1) to make arrests without warrant for any
                offense against the United States committed in their
                presence, or for any felony cognizable under the laws of the
                United States if they have reasonable grounds to believe
                that the person to be arrested has committed or is
                committing such felony; and (2) to utilize equipment and
                property of the Capitol Police.
                (d) Fines and penalties.
                    Whoever knowingly and willfully obstructs, resists, or
                interferes with a member of the Capitol Police engaged in
                the performance of the protective functions authorized by
                this section, shall be fined not more than $300 or
                imprisoned not more than one year, or both.
                (e) Construction of provisions.
                    Nothing contained in this section shall be construed to
                imply that the authority, duty, and function conferred on
                the Capitol Police Board and the United States Capitol
                Police are in lieu of or intended to supersede any
                authority, duty, or function imposed on any Federal
                department, agency, bureau, or other entity, or the
                Metropolitan Police of the District of Columbia, involving
                the protection of any such Member, officer, or family
                member.
                (f) Definition.
                    As used in this section, the term ``United States''
                means each of the several States of the United States, the
                District of Columbia, and territories and possessions of the
                United States. (Pub. L. 97-143, Sec. 1(a), Dec. 29, 1981, 95
                Stat. 1723.)

                                      Note

                    Supplemental Appropriations Act, 1977, Pub. L. 95-26,
                chapter VIII, Sec. 113.91 Stat. 87, provided:
                    ``Sec. 113. The Chairman of the Capitol Police Board is
                authorized, subject to such conditions as he may impose, to
                authorize the assignment of a police motor vehicle for use
                by instructor personnel of the Capital Police Force while
                assigned to the Federal Law Enforcement Training Center.''

                                       Cross Reference

                    For the definition of Capitol Buildings, see section
                193m of this title. (Senate Manual section 538.)

           547  Sec. 212a-3. Law enforcement authority of Capitol Police.

                (a) Scope.

                    Subject to such regulations as may be prescribed by the
                Capitol Police Board and approved by the Committee on House
                Administration of the House of Representatives and the
                Committee on Rules and Administration of the Senate, a
                member of the Capitol Police shall have authority to make
                arrests and otherwise enforce the laws of the United States,
                including the laws of the District of Columbia--
                            (1) within the District of Columbia, with
                        respect to any crime of violence committed within
                        the United States Capitol Grounds;
                            (2) within the District of Columbia, with
                        respect to any crime of violence committed in the
                        presence of the member, if the member is in the
                        performance of official duties when the crime is
                        committed;

    [[Page 798]]

                            (3) within the District of Columbia, to prevent
                        imminent loss of life or injury to person or
                        property, if the officer is in the performance of
                        official duties when the authority is exercised; and
                            (4) within the area described in subsection (b)
                        of this section.
                (b) Area.
                    The area referred to in subsection (a)(4) of this
                section is that area bounded by the north curb of H Street
                from 3rd Street, N.W. to 7th Street, N.E., the east curb of
                7th Street from H Street, N.E., to M Street, S.E., the south
                curb of M Street from 7th Street, S.E., to 1st Street, S.E.,
                the east curb of 1st Street from M Street, S.E., to Potomac
                Avenue S.E., the southeast curb of Potomac Avenue from 1st
                Street, S.E. to South Capitol Street, S.W., the west curb of
                South Capitol Street from Potomac Avenue, S.W. to P Street,
                S.W., the north curb of P Street from South Capitol Street,
                S.W. to 3rd Street, S.W., and the west curb of 3rd Street
                from P Street, S.W. to H Street, N.W.
                (c) Authority of Metropolitan Police force unaffected.
                    This section does not affect the authority of the
                Metropolitan Police force of the District of Columbia with
                respect to the area described in subsection (b) of this
                section.
                (d) ``Crime of violence'' defined.
                    As used in this section, the term ``crime of violence''
                has the meaning given that term in section 16 of Title 18.
                (July 31, 1946, c. 707, Sec. 9B, as added Oct. 6, 1992, Pub.
                L. 102-397, Title I, Sec. 101, 106 Stat. 1949.)
         547.1  Sec. 212b. Regulation of traffic by Capitol Police Board;
                    penalties; prosecution; promulgation and publication of
                    regulations.
                    (a) The Capitol Police Board, consisting of the Sergeant
                at Arms of the United States Senate, the Sergeant at Arms of
                the House of Representatives, and the Architect of the
                Capitol, shall have exclusive charge and control of the
                regulation and movement of all vehicular and other traffic,
                including the parking and impounding of vehicles and
                limiting the speed thereof, within the United States Capitol
                Grounds; and said Board is authorized and empowered to make
                and enforce all necessary regulations therefor and to
                prescribe penalties for violation of such regulations, such
                penalties not to exceed a fine of $300 or imprisonment for
                not more than ninety days. Notwithstanding the foregoing
                provisions of this section those provisions of the Superior
                Court of the District of Columbia Traffic Act of 1925, as
                amended, for the violation of which specific penalties are
                provided in said Act, as amended, shall be applicable to the
                United States Capitol Grounds. Prosecutions for violation of
                such regulations shall be in the Superior Court of the
                District of Columbia, upon information by the Corporation
                Counsel of the District of Columbia or any of his
                assistants.
         547.2      (b) Regulations authorized to be promulgated under this
                section shall be promulgated by the Capitol Police Board and
                such regulations may be amended from time to time by the
                Capitol Police Board whenever it shall deem it necessary:
                Provided, That until such regulations are promulgated and
                become effective, the traffic regulations of the Distict of
                Columbia shall be applicable to the United States Capitol
                Grounds.
         547.3      (c) All regulations promulgated under the authority of
                this section shall, when adopted by the Capitol Police
                Board, be printed in one

    [[Page 799]]

                or more of the daily newspapers published in the District of
                Columbia, and shall not become effective until the
                expiration of ten days after the date of such publication,
                except that whenever the Capitol Police Board deems it
                advisable to make effective immediately any regulation
                relating to parking, diverting of vehicular traffic, or the
                closing of streets to such traffic, the regulation shall be
                effective immediately upon placing at the point where it is
                to be in force conspicuous signs containing a notice of the
                regulation. Any expenses incurred under this subsection
                shall be payable from the appropriation ``Uniforms and
                Equipment, Capitol Police''.
         547.4      (d) It shall be the duty of the Commissioners of the
                District of Columbia, or any officer or employee of the
                government of the District of Columbia designated by said
                Commissioners, upon request of the Capitol Police Board, to
                cooperate with the Board in the preparation of the
                regulations authorized to be promulgated under this section,
                and any future amendments thereof. (July 31, 1946, ch. 707,
                Sec. 14, 60 Stat. 720; July 11, 1947, ch. 211, Secs. 1,
                2, 61 Stat. 308; July 8, 1963, Pub. L. 88-60, 77 Stat. 78;
                Dec. 24, 1973, Pub. L. 93-198, Title VII, Sec. 739(g)(6), 87
                Stat. 829.)
           548  Sec. 213a. Capitol Police Board to detail police for
                    grounds.
                    The Capitol Police Board is authorized to detail police
                from the House Office, Senate Office, and Capitol Buildings
                for police duty on the Capitol Grounds. (July 31, 1958, Pub.
                L. 85-570, 72 Stat. 453.)

                                      Note

                    Similar provision has appeared in Legislative
                Appropriation Acts since 1938.

           549  Sec. 214. Protection of grounds.

                    It shall be the duty of the Capitol police to prevent
                any portion of the Capitol Grounds and terraces from being
                used as playgrounds or otherwise, so far as may be necessary
                to protect the public property, turf and grass from
                destruction or injury. (Apr. 29, 1876, ch. 86, 19 Stat. 41.)
          549a  Sec. 214a. Temporary use of Capitol Grounds for recreational
                    purposes.
                    Notwithstanding the provisions of sections 193a-193i,
                and 214 of this title, the Architect of the Capitol is
                authorized to permit the Board of Commissioners of the
                District of Columbia to operate for recreational purposes
                only, and without any improvement to said land, that part of
                the United States Capitol Grounds known as Square 732 in the
                District of Columbia, bounded by Independence Avenue, S.E.,
                Second Street, S.E., C Street, S.E., and First Street, S.E.
                and intersected by Carroll Street, for such period of time
                as said land is not required for building or other purposes
                by the Architect of the Capitol. (Oct. 29, 1966, Pub. L. 89-
                698, Sec. 401, 80 Stat. 1072.)

    [[Page 800]]

          549b  Sec. 214b. Designation of Capitol grounds as play area for
                    children of Members and employees of Senate or House of
                    Representatives.
                (a) Authority of Capitol Police Board.
                    Notwithstanding any other provision of law and subject
                to the provisions of paragraph (1) of subsection (b) of this
                section, the Capitol Police Board is authorized to designate
                certain portions of the Capitol grounds (other than a
                portion within the area bounded on the North by Constitution
                Avenue, on the South by Independence Avenue, on the East by
                First Street, and on the West by First Street) for use
                exclusively as play areas for the benefit of children
                attending a day care center which is established for the
                primary purpose of providing child care for the children of
                Members and employees of the Senate or the House of
                Representatives.
                (b) Required approval; fences; termination of authority.
                    (1) In the case of any such designation referred to in
                subsection (a) of this section involving a day care center
                established for the benefit of children of Members and
                employees of the Senate, the designation shall be with the
                approval of the Senate Committee on Rules and
                Administration, and in the case of such a center established
                for the benefit of children of Members and employees of the
                House of Representatives, the designation shall be with the
                approval of the House Committee on House Administration,
                with the concurrence of the House Office Building
                Commission.
                    (2) The Architect of the Capitol shall enclose with a
                fence any area designated pursuant to subsection (a) of this
                section as a play area.
                    (3) The authority to use an area designated pursuant to
                subsection (a) of this section as a play area may be
                terminated at any time by the Committee which approved such
                designation.
                (c) Playground equipment; required approval.
                    Nothing in this or any other Act shall be construed as
                prohibiting any day care center referred to in subsection
                (a) of this section from placing playground equipment within
                an area designated pursuant to subsection (a) of this
                section for use solely in connection with the operation of
                such center, subject to, in the case of a day care center
                established for the benefit of children of Members and
                employees of the Senate, the approval of the Senate
                Committee on Rules and Administration, and in the case of
                such a center established for the benefit of children of
                Members and employees of the House of Representatives, the
                approval of the House Committee on House Administration,
                with the concurrence of the House Office Building
                Commission.
                (d) Day care center.
                    The day care center referred to in S.Res. 269, Ninety-
                eighth Congress, first session, is a day care center for
                which space may be designated under subsection (a) of this
                section for use as a play area. (Pub. L. 98-392, Sec. 3,
                Aug. 21, 1984, 98 Stat. 1362.)

    [[Page 801]]

          549c  Sec. 214c. Senate Employee Child Care Center.
                (a) Applicability of provisions.
                    The provisions of this section shall apply to any
                individual who is employed by the Senate day care center
                (known as the ``Senate Employee Child Care Center'' and
                hereafter in this section referred to as the ``Center'')
                established pursuant to Senate Resolution 269, Ninety-eighth
                Congress, and section 214b of this title.
                (b) Employee election of health care insurance coverage.
                    Any individual described under subsection (a) of this
                section who is employed by the Center on or after August 14,
                1991, shall be deemed an employee under section 8901(1) of
                Title 5, for purposes of health insurance coverage under
                chapter 89 of such Title 5. An individual described under
                subsection (a) of this section who is an employee of the
                Center on August 14, 1991, may elect coverage under this
                subsection during the 31-day period beginning on August 14,
                1991, and during such periods as determined by the Office of
                Personnel Management for employees of the Center employed
                after such date.
                (c) Deductions and withholding from employee pay.
                    The Center shall make such deductions and withholdings
                from the pay of an individual described under subsection (a)
                of this section who is an employee of the Center in
                accordance with subsection (d) of this section.
                (d) Employee records; amount of deductions.
                    The Center shall--
                            (1) maintain records on all employees covered
                        under this section in such manner as the Secretary
                        of the Senate may require for administrative
                        purposes; and
                            (2) after consultation with the Secretary of the
                        Senate--

                                    (A) make deductions from the pay of
                                employees of amounts determined in
                                accordance with section 8906 of Title 5; and

                                    (B) transmit such deductions to the
                                Secretary of the Senate for deposit and
                                remittance to the Office of Personnel
                                Management.

                (e) Government contributions.
                    Government contributions for individuals receiving
                benefits under this section, as computed under section 8906
                of Title 5, shall be made by the Secretary of the Senate
                from the appropriations account, within the contingent fund
                of the Senate, ``miscellaneous items''.
          549d  Sec. 214d. Child care center employee benefits.
                (a) Election for coverage.
                    The provisions of this section shall apply to any
                individual who--
                            (1)(A) On October 6, 1992, is employed by the
                        Senate day care center (known as the ``Senate
                        Employee Child Care Center'') established pursuant
                        to Senate Resolution 269, Ninety-eighth Congress,
                        and section 214b of this title; and
                            (B) makes an election to be covered by this
                        section with the Secretary of the Senate, no later
                        than 60 days after October 6, 1992; or

    [[Page 802]]

                            (2) is hired by the Center after October 6,
                        1992, and makes an election to be covered by this
                        section with the Secretary of the Senate, no later
                        than 60 days after the date such individual begins
                        employment.
                (b) Payment of deposit; payroll deduction.
                    (1) Any individual described under subsection (a) of
                this section may be credited, under section 8411 of Title 5
                for service as an employee of the Senate day care center
                before January 1, 1993, if such employee makes a payment of
                the deposit under section 8411(f)(2) of such title without
                application of the provisions of section 8411(b)(3) of such
                title.
                    (2) An individual described under subsection (a) of this
                section shall be credited under section 8411 of Title 5 for
                any service as an employee of the Senate day care center on
                or after October 6, 1992, if such employee has such amounts
                deducted and withheld from his pay as determined by the
                Office of Personnel Management (in accordance with
                regulations prescribed by such Office subject to subsection
                (h) of this section) which would be deducted and withheld
                from the basic pay of an employee under section 8422 of
                Title 5.
                (c) Survivor annuities and disability benefits.
                    Notwithstanding any other provision of this section, any
                service performed by an individual described under
                subsection (a) of this section as an employee of the Senate
                day care center is deemed to be civilian service creditable
                under section 8411 of Title 5 for purposes of qualifying for
                survivor annuities and disability benefits under subchapters
                IV and V of chapter 84 of such title, if such individual
                makes payment of an amount, determined by the Office of
                Personnel Management, which would have been deducted and
                withheld from the basic pay of such individual if such
                individual had been an employee subject to section 8422 of
                Title 5 for such period so credited, together with interest
                thereon.
                (d) Participation in Thrift Savings Plan.
                    An individual described under subsection (a) of this
                section shall be deemed a congressional employee for
                purposes of chapter 84 of Title 5 including subchapter III
                thereof and may make contributions under section 8432 of
                such title effective for the first applicable pay period
                beginning on or after October 6, 1992.
                (e) Life insurance coverage.
                    An individual described under subsection (a) of this
                section shall be deemed an employee under section 8701(a)(3)
                of Title 5 for purposes of life insurance coverage under
                chapter 87 of such title.
                (f) Source of contributions for benefits.
                    Government contributions for individuals receiving
                benefits under this section, as computed under sections
                8423, 8432, and 8708, shall be made by the Secretary of the
                Senate from the appropriations account, within the
                contingent fund of the Senate, ``Miscellaneous Items''.
                (g) Certificates of creditable service.
                    The Office of Personnel Management shall accept the
                certification of the Secretary of the Senate concerning
                creditable service for the purpose of this section.

    [[Page 803]]

                (h)(1) Subject to the provisions of paragraph (2), the
                    Secretary of the Senate shall pay such amounts to the
                    Senate day care center equal to the tax on employers
                    under section 3111 of the Internal Revenue Code of 1986
                    with respect to each employee of the Senate day care
                    center. Such payments shall be made from the
                    appropriations account, within the contingent fund of
                    the Senate, ``Miscellaneous items''.
                    (2) The Senate day care center shall provide appropriate
                documentation to the Secretary of the Senate of payment by
                such center of the tax described under paragraph (1), before
                the Secretary of the Senate may pay any amount to such
                center as provided under paragraph (1).
                (i) Administrative provisions.
                    The Center shall--
                            (1) consult with the Secretary of the Senate on
                        the administration of this section;
                            (2) maintain records on all employees covered
                        under this section in such manner as the Secretary
                        of the Senate may require for administrative
                        purposes;
                            (3) make deductions and withholdings from the
                        pay of employees in the amounts determined under
                        sections 8422, 8432, and 8707 of Title 5; and
                            (4) transmit such deductions and withholdings to
                        the Secretary of the Senate for deposit and
                        remittance to the Office of Personnel Management.
                (j) Regulations.
                    The Office of Personnel Management may prescribe
                regulations to carry out the provisions of this section.
                (Pub. L. 102-392, Title III, Sec. 320, Oct. 6, 1992, 106
                Stat. 1725; Pub. L. 103-50, Sec. 1203, July 2, 1993, 107
                Stat. 268.)
           550  Sec. 215. Supervision of Botanical Garden.
                    The supervision of the Capitol police shall extend over
                the Botanical Garden. (R.S. Sec. 1826.)
           551  Sec. 216. Superintendent, etc., of Botanical Garden and
                    greenhouses.
                    There shall be a superintendent and assistants in the
                Botanical Garden and greenhouses, who shall be under the
                direction of the Joint Committee on the Library. (R.S.
                Sec. 1827.)
           552  Sec. 216a. Restriction on use of appropriation for Botanic
                    Garden.
                    On and after July 31, 1958, no part of any appropriation
                for the Botanic Garden shall be used for the distribution,
                by congressional allotment, of trees, plants, shrubs, or
                other nursery stock. (July 31, 1958, Pub. L. 85-570,
                Sec. 101, 72 Stat. 450.)
           553  Sec. 223. Capitol Grounds shuttle service; purchase, etc.,
                    of vehicles.
                    Funds appropriated for the Capitol Grounds after October
                1, 1976, shall be available for the purchase or rental,
                maintenance and operation of passenger motor vehicles to
                provide shuttle service for Members and employees of
                Congress to and from the buildings in the Legislative group.
                (Pub. L. 94-440, Title VI, Sec. 601, Oct. 1, 1976, 90 Stat.
                1453.)

    [[Page 804]]

                       Chapter 18.--NATIONAL VISITOR CENTER FACILITIES

                           Subchapter I.--National Visitor Center

           554  Sec. 801. National Visitor Center; designation; parking
                    facility; authorization of agreements and leases for use
                    of Union Station.

                                        * * * * * * *

                                            Note

                    Capitol Grounds; Erection of Flagpoles and Improvement
                of Traffic. Pub. L. 94-320, June 25, 1976, 90 Stat. 711,
                provided:
                    That, subject to the approval of the Architect of the
                Capitol and to such conditions as he may prescribe, the
                Secretary of the Interior is authorized to make such use of
                that portion of the United States Capitol Grounds adjacent
                or in close proximity to the sidewalks abutting the circular
                perimeter of the Union Station Plaza in front of Columbus
                Plaza and the National Visitor Center as may be necessary to
                enable the Secretary of the Interior to erect and maintain
                flagpoles to fly the flags of each of the States of the
                United States and its territories and possessions, generally
                as shown on NCPC Map File Numbered 1.11 (38.00)-27861.
                    Sec. 2. (a) Notwithstanding any other provision of law,
                the Architect of the Capitol is authorized, subject to the
                provisions of this Act and to such conditions as the
                Architect of the Capitol may prescribe, to enter into an
                agreement with the appropriate officials of the government
                of the District of Columbia pursuant to which the Architect
                of the Capitol is authorized to permit the government of the
                District of Columbia to utilize certain areas of the United
                States Capitol Grounds for the purpose of making certain
                street changes in order to coordinate and improve the flow
                of traffic to and from the United States Capitol Grounds and
                the National Visitor Center (formerly Union Station), and
                the flow of traffic within Union Station Plaza.
                    (b) Pursuant to such agreement, the Architect of the
                Capitol is authorized to make available to the government of
                the District of Columbia, for the purposes referred to in
                subsection (a), certain portions of the United States
                Capitol Grounds as follows:
                            (1) approximately two thousand one hundred
                        square feet of land in Square 680, at the east end
                        thereof, located within the United States Capitol
                        Grounds adjacent to the Union Station Plaza,
                        Massachusetts Avenue, and E Street Northeast, in
                        order to enable the government of the District of
                        Columbia to carry out the purposes referred to in
                        subsection (a) of this section, and to change the
                        curbline, and relocate existing sidewalks and curbs,
                        to conform to such street change;
                            (2) approximately three thousand five hundred
                        square feet of land in Square 723, at the northwest
                        end thereof, located within the United States
                        Capitol Grounds adjacent to the Union Station Plaza,
                        First Street, and Massachusetts Avenue Northeast, in
                        order to enable the government of the District of
                        Columbia to carry out the purposes referred to in
                        subsection (a) of this section, and to change the
                        curbline, and relocate existing sidewalks and curbs,
                        to conform to such street change; and
                            (3) approximately four hundred square feet of
                        land in Square 721, at the southwest end thereof,
                        located within the United States

    [[Page 805]]

                        Capitol Grounds adjacent to the Union Station Plaza
                        and Massachusetts Avenue Northeast, in order to
                        enable the government of the District of Columbia to
                        carrry out the purposes referred to in subsection
                        (a) of this section, and to change the curbline, and
                        relocate existing sidewalks and curbs, to conform to
                        such street change.
                    Sec. 3. Nothing in this Act shall be construed to grant
                to the Secretary of the Interior or to the government of the
                District of Columbia any right, title, or interest in or to
                any part of the United States Capitol Grounds and such area
                affected by this Act or any agreement pursuant thereto shall
                continue to be a part of the United States Capitol Grounds.
                All areas of the United States Capitol Grounds, including
                sidewalks, lawns and other growth, streets, and curblines,
                disturbed by reason of operations pursuant to this Act shall
                be promptly relocated or restored by the Secretary of the
                Interior or the government of the District of Columbia, as
                the case may be, in a manner approved by, and satisfactory
                to the Architect of the Capitol.
                    Sec. 4. The Congress shall not incur any expense,
                liability, obligation, or other responsibility (operational
                or otherwise), under or by reason of this Act, or any
                agreement pursuant to this Act, or be liable under any claim
                or any nature or kind that may arise from either the
                construction, operation, or maintenance of the flagpoles
                authorized by this Act, or from carrying out any agreement
                pursuant to this Act.

                           Subchapter III.--Capitol Visitor Center

           556  Sec. 831. Capitol educational and information center and
                    information and distribution stations; operation
                    agreements.
                    Notwithstanding any other provision of law, the
                Architect of the Capitol, in consultation with the House
                Office Building Commission and the Senate Office Building
                Commission, is hereby authorized and directed to provide
                adequate space and facilities in the Capitol Building for an
                educational and informational center and information and
                distribution stations to afford visitors to the Capitol
                Building an opportunity to acquire (1) information relative
                to Congressional offices, (2) assistance relative to their
                visit to the Capitol, (3) pamphlets, books, drawings, slides
                and photographs, and related materials, and (4) information
                about the Capitol and the history of the Capitol Building
                and past and present Congresses. All materials distributed
                by such educational and informational center and such
                stations shall first be approved by the Architect of the
                Capitol, after consultation with the House Committee on
                House Administration, the Senate Committee on Rules and
                Administration, the United States Capitol Historical
                Society, and such other educational and historical groups as
                the Architect of the Capitol deems appropriate. The
                Architect of the Capitol is hereby authorized to enter into
                such agreements as may be reasonably necessary to operate
                such educational and informational center and stations.
                (Mar. 12, 1968, Pub. L. 90-264, Sec. 301, 82 Stat. 46.)

                            Subchapter IV.--Capitol Guide Service

           558  Sec. 851. Capitol Guide Service.
         558.1      (a) There is hereby established an organization under
                the Congress of the United States, to be designated the
                ``Capitol Guide Service'', which

    [[Page 806]]

                shall be subject to the direction, supervision, and control
                of a Capitol Guide Board consisting of the Architect of the
                Capitol, the Sergeant at Arms of the Senate, and the
                Sergeant at Arms of the House of Representatives.
         558.2      (b) The Capitol Guide Service is authorized and directed
                to provide guided tours of the interior of the United States
                Capitol Building for the education and enlightenment of the
                general public, without charge for such tours. All such
                tours shall be conducted in compliance with regulations
                prescribed by the Capitol Guide Board.
         558.3      (c) The Capitol Guide Board is authorized--
                            (1) with the prior approval of the Committee on
                        Rules and Administration of the Senate and the
                        Committee on House Administration of the House of
                        Representatives, to establish and revise such number
                        of positions of Guide in the Capitol Guide Service
                        as the Board considers necessary to carry out
                        effectively the activities of the Capitol Guide
                        Service;
                            (2) to appoint, on a permanent basis, without
                        regard to political affiliation, and solely on the
                        basis of fitness to perform their duties, a Chief
                        Guide, a Deputy Chief Guide, and an Assistant Chief
                        Guide, and, in addition, such number of Guides as
                        may be authorized under subparagraph (1) of this
                        subsection;
                            (3) to prescribe their duties and
                        responsibilities;
                            (4) with the prior approval of the Committee on
                        Rules and Administration of the Senate and the
                        Committee on House Administration of the House of
                        Representatives, to fix, and adjust from time to
                        time, their respective rates of pay at single per
                        annum (gross) rates; and
                            (5) to terminate their employment as the Board
                        considers appropriate.
         558.4      (d) The Capitol Guide Board shall--
                            (1) prescribe a uniform dress, including
                        appropriate insignia, which shall be worn by
                        personnel of the Capitol Guide Service when on duty;
                        and
                            (2) from time to time, as may be necessary,
                        procure and furnish such uniforms to such personnel
                        without charge to such personnel.
         558.5      (e) An employee of the Capitol Guide Service shall not
                charge or accept any fee, or accept any gratuity, for or on
                account of his official services.
         558.6      (f) The Capitol Guide Board may detail personnel of the
                Capitol Guide Service to assist the United States Capitol
                Police by providing ushering and informational services, and
                other services not directly involving law enforcement, in
                connection with the inauguration of the President and Vice
                President of the United States, the official reception of
                representatives of foreign nations and other persons by the
                Senate or House of Representatives, and other special or
                ceremonial occasions in the United States Capitol Building
                or on the United States Capitol Grounds which require the
                presence of additional Government personnel and which cause
                the temporary suspension of the performance of the regular
                duties of the Capitol Guide Service.
         558.7      (g) The Capitol Guide Board may receive and consider
                advice and information from any private historical or
                educational organization, asso-

    [[Page 807]]

                ciation, or society with respect to those operations of the
                Capitol Guide Service which involve the furnishing of
                historical and educational information to the general
                public.
         558.8      (h) With the prior approval of the Committee on Rules
                and Administration of the Senate and the Committee on House
                Administration of the House of Representatives, the Capitol
                Guide Board shall prescribe such regulations as the Board
                considers necessary and appropriate for the operation of the
                Capitol Guide Service.
         558.9      (i) The Capitol Guide Board may take appropriate
                disciplinary action, including, when circumstances warrant,
                suspension from duty without pay, reduction in pay,
                demotion, or removal from employment with the Capitol Guide
                Service, against any employee who violates any provision of
                this section or any regulation prescribed by the Board
                pursuant to this section.
        558.10      (j) The expenses of the Capitol Guide Service shall be
                paid from the contingent fund of the House of
                Representatives, until appropriations are available for the
                payment of such expenses. (Oct. 26, 1970, Pub. L. 91-510,
                Sec. 441, 84 Stat. 1190; Aug. 5, 1977, Pub. L. 95-94, Title
                I, Sec. 115, 91 Stat. 671.)

                Subchapter V.--National Capital Memorials and Commemorative
                                           Works

           559  Congressional authorization of commemorative works;
                    consultation with National Capital Memorial Commission.
         559.1  Sec. 1001. Purposes.
                    The purposes of this Act are as follows:
                            (a) to preserve the integrity of the
                        comprehensive design of the L'Enfant and McMillan
                        plans for the Nation's Capital;
                            (b) to ensure the continued public use and
                        enjoyment of open space in the District of Columbia;
                            (c) to preserve, protect and maintain the
                        limited amount of open space available to residents
                        of, and visitors to, the Nation's Capital; and
                            (d) to ensure that future commemorative works in
                        areas administered by the National Park Service and
                        the General Services Administration in the District
                        of Columbia and its environs (1) are appropriately
                        designed, constructed, and located and (2) reflect a
                        consensus of the lasting national significance of
                        the subjects involved.

                (Pub. L. 99-652, Sec. 1, Nov. 14, 1986, 100 Stat. 3650.)

         559.2  Sec. 1002. Definitions.
                    As used in this Act--
                            (a) the term ``Secretary'' means the Secretary
                        of the Interior;
                            (b) the term ``Administrator'' means the
                        Administrator of the General Services
                        Administration;
                            (c) the term ``commemorative work'' means any
                        statue, monument, sculpture, memorial, plaque,
                        inscription or other structure or landscape feature,
                        including a garden or memorial grove, designed to
                        perpetuate in a permanent manner the memory of an
                        individual, group, event or other significant
                        element of American history. The term does not
                        include any such item which is located within the

    [[Page 808]]

                        interior of a structure or a structure which is
                        primarily used for other purposes;
                            (d) the term ``person'' means a public agency,
                        and an individual, group or organization that is
                        described in section 501(c)(3) of title 26 and
                        exempt from tax under section 501(a) of such title,
                        and which is authorized by Congress to establish a
                        commemorative work in the District of Columbia and
                        its environs;
                            (e) notwithstanding any other provision of law,
                        the term ``the District of Columbia and its
                        environs'' means those lands and properties
                        administered by the National Park Service and the
                        General Services Administration located in Areas I
                        and II as depicted on the map numbered 869/86501,
                        and dated May 1, 1986.

                (Pub. L. 99-652, Sec. 2, Nov. 14, 1986, 100 Stat. 3650; Pub.
                L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1793.)

         559.3  Sec. 1003. Congressional authorization of commemorative
                    works; consultation with National Capital Memorial
                    Commission.
                    (a) No commemorative work may be established on Federal
                lands referred to in section 1001(d) of this title in the
                District of Columbia and its environs unless specifically
                authorized by law. All such authorized commemorative works
                shall be subject to applicable provisions of this chapter.
                    (b) A military commemorative work may be authorized only
                to commemorate a war or similar major military conflict or
                to commemorate any branch of the Armed Forces. No
                commemorative work commemorating a lesser conflict or a unit
                of an Armed Force shall be authorized. Commemorative works
                to a war or similar major military conflict shall not be
                authorized until at least 10 years after the officially
                designated end of the event.
                    (c) A commemorative work commemorating an event,
                individual, or group of individuals, other than a military
                commemorative work as described in subsection (b) of this
                section, shall not be authorized until after the 25th
                anniversary of the event, death of the individual, or death
                of the last surviving member of the group.
                    (d) In considering legislation authorizing commemorative
                works within the District of Columbia and its environs, the
                Committee on House Administration of the House of
                Representatives and the Energy and Natural Resources
                Committee of the Senate shall solicit the views of the
                National Capital Memorial Commission. (Pub. L. 99-652,
                Sec. 3, Nov. 14, 1986, 100 Stat. 3651, amended Pub. L. 100-
                202, Sec. 101(f) [Title II, Sec. 3], Dec. 22, 1987, 101
                Stat. 1329-196; Pub. L. 100-230, Sec. 3, Jan. 5, 1988, 101
                Stat. 1564; Pub. L. 103-321, Sec. 2, Aug. 26, 1994, 108
                Stat. 1794.)
         559.4  Sec. 1004. National Capital Memorial Commission,
                    redesignation of Advisory Committee as; membership; duty
                    to advise on policy and procedure.
                    (a) The National Capital Memorial Advisory Committee as
                established by the Secretary is redesignated as the National
                Capital Memorial Commission. The membership of the
                Commission shall be expanded to include:
                            Director, National Park Service (Chairman)
                            Architect of the Capitol
                            Chairman, American Battle Monuments Commission

    [[Page 809]]

                            Chairman, Commission of Fine Arts
                            Chairman, National Capital Planning Commission
                            Mayor, District of Columbia
                            Commissioner, Public Building Service, General
                        Services Administration
                            Secretary, Department of Defense
                    (b) The National Capital Memorial Commission shall
                advise the Secretary and the Administrator on policy and
                procedures for establishment of (and proposals to establish)
                commemorative works in the District of Columbia and its
                environs, as well as such other matters concerning
                commemorative works in the Nation's Capital as it may deem
                appropriate. The Commission shall meet at least twice
                annually. (Pub. L. 99-652, Sec. 4, Nov. 14, 1986, 100 Stat.
                3651.)
         559.5  Sec. 1005. Availability of map for public inspection.
                    The Secretary and the Administrator shall make
                available, for public inspection at appropriate offices of
                the National Park Service and the General Services
                Administration, the map numbered 869/86501, and dated May 1,
                1986. (Pub. L. 99-652, Sec. 5, Nov. 14, 1986, 100 Stat.
                3651.)
         559.6  Sec. 1006. Specific conditions applicable to Areas I and II.
                    (a) Area I.--The Secretary or Administrator (as
                appropriate) may, after seeking the advice of the National
                Capital Memorial Commission, recommend the location of a
                commemorative work in Area I only if the Secretary or
                Administrator (as appropriate) determines that the subject
                of the commemorative work is of preeminent historical and
                lasting significance to the Nation. The Secretary or
                Administrator (as appropriate) shall notify the National
                Capital Memorial Commission and the committees of Congress
                specified in section 3(b) of the recommendation by the
                Secretary or Administrator (as appropriate) that a
                commemorative work should be located in Area I. The location
                of a commemorative work in Area I shall be deemed not
                authorized, unless, not later than 150 calendar days after
                such notification, the recommendation is approved by law.
                    (b) Area II.--Commemorative works of subjects of lasting
                historical significance to the American people may be
                located in Area II. (Pub. L. 99-652, Sec. 6, Nov. 14, 1986,
                100 Stat. 3651; Pub. L. 103-321, Sec. 2, Aug. 26, 1994, 108
                Stat. 1794.)
         559.7  Sec. 1007. Site and design approval.
                    (a) Any person authorized by law to establish a
                commemorative work in the District of Columbia and its
                environs shall comply with each of the following
                requirements before requesting the permit for the
                construction of the commemorative work:
                            (1) Such person shall consult with the National
                        Capital Memorial Commission regarding the selection
                        of alternative sites and designs for the
                        commemorative work.
                            (2) Following consultation in accordance with
                        paragraph (1), the Secretary or Administrator (as
                        appropriate) shall submit, on behalf of such person,
                        site and design proposals to the Commission on Fine
                        Arts and the National Capital Planning Commission
                        for their approval.
                    (b) In considering site and design proposals, the
                Commission on Fine Arts, the National Capital Planning
                Commission and the Secretary and

    [[Page 810]]

                Administrator shall be guided by, but not limited by, the
                following criteria:
                            (1) to the maximum extent possible, a
                        commemorative work shall be located in surroundings
                        that are relevant to the subject of the
                        commemorative work;
                            (2) a commemorative work shall be so located as
                        to prevent interference with, or encroachment upon,
                        any existing commemorative work and to protect, to
                        the maximum extent practicable, open space and
                        existing public use; and
                            (3) a commemorative work shall be constructed of
                        durable material suitable to the outdoor
                        environment. Landscape features of commemorative
                        works shall be compatible with the climate.

                (Pub. L. 99-652, Sec. 7, Nov. 14, 1986, 100 Stat. 3652.)

         559.8  Sec. 1008. Criteria for issuance of construction permit.
                    (a) Prior to issuing a permit for the construction of a
                commemorative work in the District of Columbia and its
                environs, the Secretary or Administrator (as appropriate)
                shall determine that:
                            (1) the site and design have been approved by
                        the Secretary or Administrator (as appropriate), the
                        National Capital Planning Commission and the
                        Commission on Fine Arts;
                            (2) knowledgeable persons qualified in the field
                        of preservation and maintenance have been consulted
                        to determine structural soundness and durability of
                        the commemorative work, and to assure that the
                        commemorative work meets high professional
                        standards;
                            (3) the person authorized to construct the
                        commemorative work has submitted contract documents
                        for construction of the commemorative work to the
                        Secretary or Administrator (as appropriate); and
                            (4) the person authorized to construct the
                        commemorative work has available sufficient funds to
                        complete construction of the project.
                    (b) In addition to the foregoing criteria, no
                construction permit shall be issued unless the person
                authorized to construct the commemorative work has donated
                an amount equal to 10 per centum of the total estimated cost
                of construction to offset the costs of perpetual maintenance
                and preservation of the commemorative work: Provided, That
                the provisions of this subsection shall not apply in
                instances when the commemorative work is constructed by a
                Department or agency of the Federal Government and less than
                50 per centum of the funding for such work is provided by
                private sources.
                            (1) Notwithstanding any other provision of law,
                        all moneys provided by persons for maintenance
                        pursuant to this subsection shall be credited to a
                        separate account in the Treasury.
                            (2) Congress authorizes and directs that the
                        Secretary of the Treasury shall make all or a
                        portion of such moneys available to the Secretary or
                        the Administrator at his request for maintenance of
                        commemorative works. Under no circumstances may the
                        Secretary or Administrator request funds from the
                        separate account exceeding the total moneys
                        deposited by persons establishing commemorative
                        works in areas he administers. The Secretary and the
                        Administrator shall maintain an inventory of funds
                        available for such purposes: Provided, That such
                        moneys shall not be subject to annual
                        appropriations.
                    (c)(1) The Secretary or the Administrator (as
                appropriate) may suspend any activity under the authority of
                this Act with respect to the establish-

    [[Page 811]]

                ment of a commemorative work if the Secretary or
                Administrator determines the fundraising efforts with
                respect to the commemorative work have misrepresented an
                affiliation with the commemorative work or the United
                States.
                            (2) The person shall be required to submit to
                        the Secretary or Administrator an annual report of
                        operations, including financial statements audited
                        by an independent certified public accountant, paid
                        for by the person authorized to construct the
                        commemorative work.

                (Pub. L. 99-652, Sec. 8, Nov. 14, 1986, 100 Stat. 3652; Pub.
                L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1793.)

         559.9  Sec. 1009. Temporary site designation.
                    (a) If the Secretary, in consultation with the National
                Capital Memorial Commission, determines that a site where
                commemorative works may be displayed on a temporary basis is
                necessary in order to aid in the preservation of the limited
                amount of open space available to residents of, and visitors
                to, the Nation's Capital, a site may be designated on lands
                administered by the Secretary in the District of Columbia. A
                designation may not be made under the preceding sentence
                unless, at least one hundred and twenty days before the
                designation, the Secretary, in consultation with the
                National Capital Memorial Commission, prepares and submits
                to the Congress a plan for the site. The plan shall include
                specifications for the location, construction, and
                administration of the site, and criteria for displaying
                commemorative works at the site.
                    (b) Any commemorative work displayed at the site shall
                be installed, maintained, and removed at the sole expense
                and risk of the person authorized to display the
                commemorative works. Such person shall agree to indemnify
                the United States for any liability arising from the display
                of the commemorative work under this section. (Pub. L. 99-
                652, Sec. 9, Nov. 14, 1986, 100 Stat. 3653.)
        559.10  Sec. 1010. Miscellaneous provisions.
                (a) Documentation of design and construction to Secretary or
                    Administrator.
                    Complete documentation of design and construction of
                each commemorative work located in the District of Columbia
                and its environs shall be provided to the Secretary or the
                Administrator (as appropriate) and shall be permanently
                maintained in the manner provided by law.
                (b) Expiration of legislative authority for commemorative
                    work.
                    Any legislative authority for a commemorative work shall
                expire at the end of the seven-year period beginning on the
                date of the enactment of such authority unless the Secretary
                or Administrator (as appropriate) has issued a construction
                permit for the commemorative work during that period.
                (c) Responsibility for maintenance of completed work.
                    Upon completion of any commemorative work within the
                District of Columbia and its environs, the Secretary or
                Administrator (as appropriate) shall assume responsibility
                for the maintenance of such work.

    [[Page 812]]

                (d) Promulgation and publication of regulations.
                    The Secretary and the Administrator shall develop
                appropriate standards or regulations to carry out this Act.
                (e) Commemorative works to which applicable.
                    This Act shall not apply to commemorative works
                authorized by a law enacted before the commencement of the
                Ninety-ninth Congress. (Pub. L. 99-652, Sec. 10, Nov. 14,
                1986, 100 Stat. 3654; Pub. L. 102-216, Dec. 11, 1991, 105
                Stat. 1666.)

                     Chapter 23.--JUDICIARY OFFICE BUILDING DEVELOPMENT

        559.11  Sec. 1201. Findings and purposes.
                (a) Findings.
                    The Congress makes the following findings and
                declarations:
                            (1) Space for consolidation of activities of the
                        Administrative Office of the United States Courts
                        and other offices of the judicial branch of
                        Government and for providing office space for
                        retired justices of the Supreme Court is necessary
                        and should be located in the vicinity of the Supreme
                        Court building.
                            (2) Orderly development of the Capitol Grounds
                        should be consistent with the Master Plan for the
                        United States Capitol, dated 1981.
                            (3) The cost of leasing space by the judicial
                        branch of the Government is high.
                            (4) Development of squares 721 and 722 in the
                        District of Columbia is necessary to achieve the
                        objectives of the Union Station Redevelopment Act
                        [40 U.S.C.A. Sec. 811 et seq.] and the
                        revitalization of the Union Station area.
                            (5) The Judicial Conference of the United States
                        endorsed by resolution the construction of an office
                        building on the Capitol Grounds to house the
                        Administrative Office of the United States Courts
                        and related judicial branch offices.
                (b) Purposes.
                    The purposes of this chapter are as follows:
                            (1) To implement the report submitted to
                        Congress by the Architect and the Secretary of
                        Transportation under the Act of December 28, 1985
                        (99 Stat. 1749-1750), relating to the needs of the
                        Federal judiciary for additional Federal office
                        space.
                            (2) To authorize the Architect to acquire by
                        lease space primarily for use by the judicial branch
                        of the Government by entering into contracts for the
                        design and construction of a building adjacent to
                        Union Station.
                            (3) To ensure that the design and construction
                        of such building will insofar as practicable result
                        in a building which is efficient and economical and
                        which provides visual testimony to the dignity,
                        enterprise, vigor, and stability of the Federal
                        Government.

                (Pub. L. 100-480, Sec. 2, Oct. 7, 1988, 102 Stat 2328.)

    [[Page 813]]

        559.12  Sec. 1202. Construction of building.
                (a) Selection process.
                        (1) General rule.
                            The Architect, under the direction of the
                        Commission and in accordance with such policies and
                        procedures as the Architect shall establish, shall
                        select in accordance with provision of this
                        subsection a person to develop squares 721 and 722
                        (bounded by F Street, 2nd Street, Massachusetts
                        Avenue, and Columbia Plaza, Northeast) in the
                        District of Columbia.
                        (2) Revision of proposals.
                            Not later than 90 days after October 7, 1988,
                        each of the 5 persons who submitted a proposal for
                        development of squares 721 and 722 under the study
                        conducted under the Act of December 28, 1985 (99
                        Stat. 1749-1750), which is one of the 5 proposals
                        under consideration by the Architect may revise such
                        proposal to take into account the objectives of this
                        chapter and resubmit such proposal to the Architect.
                        (3) Selection of revised proposal.
                            Subject to paragraph (4), not later than 120
                        days after October 7, 1988, the Architect shall
                        select one of the persons resubmitting a proposal
                        under paragraph (2) to develop squares 721 and 722
                        in the District of Columbia.
                        (4) Nonsubmission of revised proposals; protection
                                of United States interest.
                            If no proposal is resubmitted to the Architect
                        under paragraph (2) in the 90-day period or if the
                        Architect determines that none of the proposals
                        resubmitted under paragraph (2) is in the best
                        interests of the United States, the Architect shall
                        conduct a competition for selection of a person to
                        develop squares 721 and 722 in the District of
                        Columbia. Such competition shall be conducted in
                        accordance with such policies and procedures as the
                        Architect may establish for a development
                        competition.
                        (5) Purpose of development.
                            The purpose of development of squares 721 and
                        722 is to provide office space for the
                        Administrative Office of the United States Courts,
                        the Federal Judicial Center, the Judicial Panel of
                        Multidistrict Litigation, and the United States
                        Sentencing Commission, chambers for retired justices
                        of the Supreme Court, and other related offices of
                        the judicial branch of the United States and other
                        persons (including governmental entities).
                        (6) Approval of Chief Justice.
                            All final decisions regarding architectural
                        design of the building to be constructed under this
                        chapter shall be subject to the approval of the
                        Chief Justice of the United States.
                        (7) Prohibitions on payments for bids and designs.
                            The Architect may not make any payment to any
                        person for any bid or design proposal under any
                        competition conducted under this subsection.

    [[Page 814]]

                        (8) Limitations.
                        (A) Size of building.
                            The building (excluding parking facilities) to
                        be constructed under this chapter may not exceed
                        520,000 gross square feet in size above the level of
                        Columbia Plaza in the District of Columbia.
                        (B) Height of building.
                            The height of the building and other
                        improvements shall be compatible with the height of
                        surrounding Government and historic buildings and
                        conform to the provisions of the Act of June 1,
                        1910, commonly known as the Building Height Act of
                        1910 (36 Stat. 452).
                        (C) Design.
                            The building and other improvements shall be
                        designed in harmony with historical and Government
                        buildings in the vicinity, shall reflect the
                        symbolic importance and historic character of the
                        United States Capitol and other buildings on the
                        United States Capitol grounds, and shall represent
                        the dignity and stability of the Federal Government.

                (b) Development agreement.

                        (1) Authority to enter.

                            The Architect may enter into with the person
                        selected to develop squares 721 and 722 under
                        subsection (a) of this section an agreement for the
                        development of such squares. Except as otherwise
                        provided in this chapter, such agreement shall
                        provide for development of such squares
                        substantially in accordance with (A) alternative D
                        of the report to Congress entitled ``The Study of
                        Alternatives for the Construction of an Office
                        Building(s) for the Administrative Office of the
                        United States Courts'', submitted to Congress on
                        August 10, 1987, by the Architect and the Secretary
                        of Transportation, and (B) the Master Plan for the
                        United States Capitol, dated 1981.
                        (2) Contents.
                            The development agreement under paragraph (1)
                        shall at a minimum provide for the following:

                                    (A) Except to the extent otherwise
                                provided by this chapter, all design,
                                development, and construction costs incurred
                                with respect to the building to be
                                constructed under the agreement will be at
                                no cost to the United States.

                                    (B) Title to squares 721 and 722 will
                                remain in the United States.

                                    (C) Title to the building and other
                                improvements constructed or otherwise made
                                on or to squares 721 and 722 will
                                immediately revert to the United States at
                                the expiration of not more than 30 years
                                from the effective date of the lease
                                agreement entered into under section 1203 of
                                this title without payment of any
                                compensation by the United States.

                                    (D) The building and other improvements
                                constructed on or to squares 721 and 722 to
                                be leased to the United States will be in
                                accordance with the provisions of this
                                chapter and the lease agreement will contain
                                such terms and conditions as may

    [[Page 815]]

                                be prescribed by the Architect to carry out
                                the objectives of this chapter.

                        The agreement shall include a copy of the lease
                        agreement entered into under section 1203 of this
                        title by the Architect and the person selected to
                        develop squares 721 and 722.
                (c) Chil(1) Authority for hookup to Capitol Power Plant..
                            The building to be constructed under this
                        chapter may be connected to the Capitol Power Plant
                        through construction of extensions to the chilled
                        water and steam lines which serve Union Station. If
                        such building is to be connected to the Capitol
                        Power Plant, the agreement under subsection (b) of
                        this section between the Architect and the person
                        selected to construct such building shall provide
                        that such person will bear all costs associated with
                        the installation of chilled water and steam lines to
                        the building and shall reimburse the Union Station
                        Redevelopment Corporation for an equitable share of
                        the costs incurred by the Union Station
                        Redevelopment Corporation in the construction of
                        extensions of the chilled water and steam lines from
                        such Plant to Union Station.
                        (2) Furnishing of chilled water and steam from
                                Capitol Power Plant.
                            If the building to be constructed under this
                        chapter is connected with the Capitol Power Plant
                        pursuant to paragraph (1), the Architect shall
                        furnish, on a reimbursable basis, chilled water and
                        steam from such Plant to such building.
                (d) Construction standards and inspections.
                    The building and other improvements constructed under
                this chapter shall meet all standards applicable to
                construction of a Federal building. During construction, the
                Architect shall conduct periodic inspections of such
                building for the purpose of assuring that such standards are
                being met. Such building shall not be subject to any law of
                the District of Columbia relating to building codes,
                permits, or inspection (including any such law enacted by
                Congress).
                (e) Applicability of certain laws.
                    The building and other improvements constructed under
                this chapter shall not be subject to any law of the District
                of Columbia relating to real estate and personal property
                taxes, special assessments, or other taxes (including any
                such law enacted by Congress). (Pub. L. 100-480, Sec. 3,
                Oct. 7, 1988, 102 Stat. 2329.)
        559.13  Sec. 1203. Lease of building by architect of the Capitol.
                (a) Entry into lease agreement.
                    Before the development agreement is entered into under
                section 1202 of this title, the Architect shall enter into
                with the person selected to construct the building under
                this chapter an agreement for the lease of such building by
                the Architect to carry out the objectives of this chapter.

    [[Page 816]]

                (b) Terms of lease agreement.
                    The agreement entered into under this section shall
                include at a minimum the following terms:
                            (1) The Architect will lease the building and
                        other improvements for a term not to exceed 30 years
                        from the effective date of such lease agreement.
                            (2) The rental rate per square foot of
                        occupiable space for all space in the building and
                        other improvements will be in the best interest of
                        the United States and carry out the objectives of
                        this chapter, but in no case may the aggregate
                        rental rate for all space in the building and other
                        improvements produce an amount less than the amount
                        necessary to amortize the cost of development of
                        squares 721 and 722 over the term of the lease.
                            (3) Authority for the Architect to make space
                        available and to sublease space in the building and
                        other improvements in accordance with section 1205
                        of this title.
                (c) Accounting system.
                    The Architect shall maintain an accounting system for
                operation and maintenance of the building and other
                improvements to be constructed under this chapter which will
                permit accurate projections of the dates and the costs of
                major repairs, improvements, reconstructions, and
                replacements of such building and improvements and other
                capital expenditures on such building and improvements.
                (d) Obligation of funds.
                    Obligation of funds for lease payments under this
                section may only be made on an annual basis and may only be
                made from the account established by section 1207 of this
                title. (Pub. L. 100-480, Sec. 4, Oct. 7, 1988, 102 Stat.
                2331.)
        559.14  Sec. 1204. Structural and mechanical care and security.
                (a) Structural and mechanical care.
                    Upon occupancy by the United States of the building and
                other improvements constructed under this chapter, the
                structural and mechanical care and maintenance of such
                building and improvements (including the care and
                maintenance of the grounds of such building) shall be the
                responsibility of the Architect, under the direction of the
                Commission, in the same manner and to the same extent as the
                structural and mechanical care and maintenance of the United
                States Supreme Court Building under section 13a of this
                title, and all other duties and work required for the
                operation and domestic care of such building and
                improvements shall be performed by the Architect, under the
                direction of the Commission.
                (b) Security
                        (1) General rule.
                            The United States Capitol Police shall be
                        responsible for all exterior security of the
                        building and other improvements constructed under
                        this chapter.
                        (2) Authority of Supreme Court Marshal.
                            Nothing in this chapter shall be construed to
                        interfere with the obligation of the Marshal of the
                        Supreme Court of the United States

    [[Page 817]]

                        to protect justices, officers, employees, or other
                        personnel of the Supreme Court who may occupy the
                        building and other improvements.
                        (3) Reimbursement.
                            The Architect shall transfer from the account
                        established by section 1207 of this title such
                        amounts as may be necessary to reimburse the United
                        States Capitol Police for expenses incurred in
                        providing exterior security under this subsection.
                        The United States Capitol Police may accept amounts
                        transferred by the Architect under this paragraph,
                        and such amounts shall be credited to the
                        appropriation account charged by the United States
                        Capitol Police in executing the performance of
                        security duties.
                (c) Building and improvements constructed pursuant to this
                    chapter.
                    The United States Capitol Police are authorized to
                police the building and other improvements constructed
                pursuant to this chapter, including the interior and
                exterior thereof, and to make arrests within the interior
                and exterior of such building and other improvements for any
                violation of any law of the United States, of the District
                of Columbia, or of any State, or any regulation promulgated
                pursuant thereto. (Pub. L. 100-480, Sec. 5, Oct. 7, 1988,
                102 (Stat. 2331; Pub. L. 102-392, Title III, Sec. 311(a),
                Oct. 6, 1992, 106 Stat. 1723.)
        559.15  Sec. 1205. Allocation of space.
                (a) Governmental entities.
                        (1) Judicial branch.
                            Subject to the provisions of this section, the
                        Architect shall make available, on a reimbursable
                        basis, all space in the building and other
                        improvements constructed under this chapter to the
                        judicial branch of the United States substantially
                        in accordance with the report referred to in section
                        1202(b)(1) of this title.
                        (2) Other.
                            Any space in the building and other improvements
                        constructed under this chapter which the Chief
                        Justice determines is not needed by the judicial
                        branch of the United States may be made available by
                        the Architect, on a reimbursable basis, to Federal
                        governmental entities which are not part of the
                        judicial branch and which are not staff of Members
                        of Congress or Congressional Committees.
                        (3) Terms and conditions.
                            Space made available under this subsection shall
                        be subject to such terms and conditions as are
                        necessary to carry out the objectives of this
                        chapter.
                        (4) Reimbursement rate.
                            All space made available by the Architect under
                        this subsection shall be subject to reimbursement at
                        the rate established under section 1203(b)(2) of
                        this title plus such amount as the Architect and--

                                    (A) in the case of the judicial branch,
                                the Director of the Administrative Office of
                                the United States Courts, or

    [[Page 818]]

                                    (B) in the case of any governmental
                                entity not a part of the judicial branch,
                                such entity,

                        determine is necessary to pay on an annual basis for
                        the cost of administering the building and other
                        improvements (including costs of operation,
                        maintenance, rehabilitation, security, and
                        structural, mechanical, and domestic care) which are
                        attributable to such space.
                        (5) Meeting judicial branch needs.
                        (A) In general.
                            Whenever the Chief Justice notifies the
                        Architect that the judicial branch of the United
                        States requires additional space in the building and
                        other improvements constructed under this chapter,
                        the Architect shall accommodate those requirements
                        (i) in the case of space made available to the
                        Administrator of General Services, by a date agreed
                        upon under subparagraph (B), or (ii) in the case of
                        space made available to any person or governmental
                        entity (other than the General Services
                        Administration), within 90 days after the date of
                        such notification.
                        (B) Space available to GSA.
                            In any case in which such additional space is
                        provided from space in the building made available
                        to the Administrator of General Services, the space
                        shall be vacated expeditiously by not later than a
                        date mutually agreed upon by the Chief Justice and
                        the Administrator of General Services.
                        (C) Unoccupied space
                            Whenever any space in the building is
                        unoccupied, the Chief Justice shall have a right of
                        first refusal to use such space to meet the needs of
                        the judicial branch in accordance with this
                        subsection.
                        (6) Assignment of space within the judicial branch.
                            The Director of the Administrative Office of the
                        United States Courts may assign and reassign space
                        made available to the judicial branch of the United
                        States under this subsection among offices of the
                        judicial branch as the Director deems appropriate.
                        (7) Lease authority.
                            The Architect of the Capitol is authorized to
                        lease and occupy not more than 75,000 square feet of
                        space in the Thurgood Marshall Federal Judiciary
                        Building. Payments under any such lease shall be
                        made upon vouchers approved by the Architect of the
                        Capitol. There are authorized to be appropriated--

                                    (A) to the Architect of the Capitol such
                                sums as may be necessary to carry out this
                                paragraph, including sums for the
                                acquisition and installation of furniture
                                and furnishings for space leased under this
                                paragraph; and

                                    (B) to the Sergeant at Arms of the
                                Senate such sums as may be necessary for the
                                planning, acquisition, and installation of
                                telecommunications equipment and services
                                for the Architect of the Capitol with
                                respect to space leased under this
                                paragraph.

                        (8) Lease approval.
                            Any lease under paragraph (7) shall be subject
                        to approval by the Committee on Appropriations of
                        the House of Representatives,

    [[Page 819]]

                        the Committee on Appropriations of the Senate, the
                        House Office Building Commission, and the Committee
                        on Rules and Administration of the Senate.
                (b) Nongovernmental tenants.
                        (1) General rule.
                            Any space in the building and other improvements
                        constructed under this chapter which the Chief
                        Justice determines is not needed by the judicial
                        branch of the United States shall first be offered
                        to other Federal governmental entities which are not
                        staff of Members of Congress or Congressional
                        Committees; and then, if any space remains, it may
                        be subleased by the Architect, under the direction
                        of the Commission, to any person.
                        (2) Rental rate.
                            All space subleased by the Architect under this
                        subsection shall be subject to reimbursement at a
                        rate which is comparable to prevailing rental rates
                        for similar facilities in the area but not less than
                        the rate established under section 1203(b)(2) of
                        this title plus such amount as the Architect and the
                        person subleasing such space agree is necessary to
                        pay on an annual basis for the cost of administering
                        the building (including costs of operation,
                        maintenance, rehabilitation, security, and
                        structural, mechanical, and domestic care) which are
                        attributable to such space.
                        (3) Limitation.
                            Subleases under this subsection must be
                        compatible with the dignity and functions of the
                        judicial branch offices housed in the building and
                        must not unduly interfere with the activities and
                        operations of the judicial branch agencies housed in
                        the building. The provisions of section 193d, and
                        section 193m-1 of this title shall not apply to any
                        space in the building and other improvements
                        subleased to a non-Government tenant under this
                        subsection.
                        (4) Collection of rent.
                            The Architect shall collect rent for space
                        subleased under this subsection.
                (c) Deposit of rent and reimbursements.
                    All funds received under this subsection (including
                lease payments and reimbursements) shall be deposited into
                the account established by section 1207 of this title. (Pub.
                L. 100-480, Sec. 6, Oct. 7, 1988, 102 Stat. 2332; Pub. L.
                102-392, Title III, Sec. 318, Oct. 6, 1992, 106 Stat. 1724;
                Pub. L. 103-4, Sec. 2, Feb. 8, 1993, 107 Stat. 30.)
        559.16  Sec. 1206. Commission for judiciary office building.
                (a) Establishment.
                    There is established a Commission to be known as the
                Commission for the Judiciary Office Building.
                (b) Membership.
                    The Commission shall be composed of the following 13
                members:

    [[Page 820]]

                            (1) Two individuals appointed by the Chief
                        Justice from among justices of the Supreme Court and
                        other judges of the United States (or their
                        designees).
                            (2) The members of the House Office Building
                        Commission (or their designees).
                            (3) The majority leader and minority leader of
                        the Senate (or their designees).
                            (4) The Chairman and the ranking minority member
                        of the Senate Committee on Rules and Administration
                        (or their designees).
                            (5) The Chairman and the ranking minority member
                        of the Senate Committee on Environment and Public
                        Works (or their designees).
                            (6) The Chairman and ranking minority member of
                        the Committee on Public Works and Transportation of
                        the House of Representatives (or their designees).
                (c) Duties.
                    The Commission shall be responsible for supervision of
                design, construction, operation, maintenance, structural,
                mechanical, and domestic care and security of the building
                to be constructed under this chapter. The Commission shall
                from time to time prescribe rules and regulations to govern
                the actions of the Architect under this chapter and to
                govern the use and occupancy of all space in such building.
                (d) Quorum.
                    Seven members of the Commission shall constitute a
                quorum. (Pub. L. 100-480, Sec. 7, Oct. 7, 1988, 102 Stat.
                2334.)
        559.17  Sec. 1207. Funding.
                (a) Separate account.
                    There is established in the Treasury of the United
                States a separate account. Such account shall include all
                amounts deposited therein under section 1205(c) of this
                title and such amounts as may be appropriated thereto but
                not to exceed $2,000,000. Amounts in the account shall be
                available to the Architect for paying expenses for
                structural, mechanical, and domestic care, maintenance,
                operation, and utilities of the building and other
                improvements constructed under this chapter, for reimbursing
                the United States Capitol Police for expenses incurred in
                providing exterior security for the building and other
                improvements, for making lease payments under section 1203
                of this title and for necessary personnel (including
                consultants).
                (b) Unexpended balances of funds.
                    The unexpended balance of funds appropriated by the
                Urgent Supplemental Appropriations Act, 1986 under the
                heading ``Study of Construction of Office Building'' (100
                Stat. 717) are transferred to the Architect on October 7,
                1988. Such unexpended balance shall be available for design
                review, construction inspection, contract administration,
                and such other project related costs under this chapter as
                the Architect may deem appropriate. (Pub. L. 100-480,
                Sec. 9, Oct. 7, 1988, 102 Stat. 2334; Pub. L. 102-392, Title
                III, Sec. 311(b), Oct. 6, 1992, 106 Stat. 1723.)
        559.18  Sec. 1208. Definitions.
                    As used in this chapter--

    [[Page 821]]

                (1) Architect.
                            The term ``Architect'' means the Architect of
                        the Capitol.
                (2) Chief Justice.
                            The term ``Chief Justice'' means the Chief
                        Justice of the United States or his designee; except
                        that in any case in which there is a vacancy of the
                        office of the Chief Justice of the United States,
                        the most senior associate justice of the Supreme
                        Court shall be treated as the Chief Justice of the
                        United States for purposes of this chapter until
                        such time as such vacancy is filled.
                (3) Commission.
                            The term ``Commission'' means the Commission for
                        the Judiciary Office Building established by section
                        1206 of this title. (Pub. L. 100-480, Sec. 10, Oct.
                        7, 1988, 102 Stat. 2335.)

    [[Page 822]]

                                 TITLE 41.--PUBLIC CONTRACTS

                               Chapter 1.--GENERAL PROVISIONS

           560  Sec. 6a-1. Architect of the Capitol, exception from
                    advertisement requirement.
                    On and after July 27, 1965, the purchase of supplies and
                equipment and the procurement of services for all branches
                under the Architect of the Capitol may be made in the open
                market without compliance with section 5 of this title in
                the manner common among businessmen, when the aggregate
                amount of the purchase or the service does not exceed
                $25,000 in any instance. (As amended Pub. L. 93-856, Sec. 2,
                July 25, 1974, 88 Stat. 390, Pub. L. 98-191 Sec. 9(c), Dec.
                1, 1983, 98 Stat. 1332.)
         560.1  Sec. 6a-2. Architect of the Capitol, authority for personal
                    services contracts with legal entities.
                    Notwithstanding any other provision of law, the
                Architect of the Capitol is authorized to contract for
                personal services with any firm, partnership, corporation,
                association, or other legal entity in the same manner as he
                is authorized to contract for personal services with
                individuals under the provisions of section 5 of this title.
                (Pub. L. 96-558, Dec. 19, 1980, 94 Stat. 3263.)
           561  Sec. 22. Interest of Member of Congress.
                    No member of Congress shall be admitted to any share or
                part of any contract or agreement made, entered into, or
                accepted by or on behalf of the United States, or to any
                benefit to arise thereupon. (R.S. Sec. 3741; Feb. 27, 1877,
                ch. 69, Sec. 1, 19 Stat. 249; Jan. 25, 1934, ch. 5, 48 Stat.
                337; June 27, 1934, ch. 847, Title V, Sec. 510, 48 Stat.
                1264; Aug. 26, 1937, ch. 821, 50 Stat. 838; Oct. 13, 1994,
                Pub. L. 103-355, Sec. 6004, 108 Stat. 3364.)

                                          Note

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

    [[Page 823]]

                    (b) The provisions of this section shall take effect
                with respect to sales or leases of property, supplies, or
                services to the Congress after July 29, 1983.

    [[Page 824]]

                          TITLE 42.--THE PUBLIC HEALTH AND WELFARE

                    Chapter 126.--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
                                        DISABILITIES

                                        * * * * * * *

           565  Sec. 12209. Instrumentalities of the Congress.
                    The General Accounting Office, the Government Printing
                Office, and the Library of Congress shall be covered as
                follows:(1) In general.
                    The rights and protections under this chapter shall,
                subject to paragraph (2), apply with respect to the conduct
                of each (2) Establishment of remedies and procedures by
                                instrumentalities.
                    The chief official of each instrumentality of the
                Congress shall establish remedies and procedures to be
                utilized with respect to the rights and protections provided
                pursuant(3) Report to Congress.
                    The chief official of each instrumentality of the
                Congress shall, after establishing remedies and procedures
                for purposes of paragraph (2), submit to the Congress a
                report d(4) Definition of instrumentalities.s.
                    For purposes of this section, the term ``instrumentality
                of the Congress'' means the following: the General
                Accounting Office, the Government Printing Office, and the
                Library (5) Enforcement of employment rights.
                    The remedies and procedures set forth in section 717 of
                the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) shall be
                available to any employee of an instrumentality of the
                Congress who alleges a violation of the rights and
                protections under sections 102 through 104 of this Act that
                are made applicable by this section, except that the
                authorities of the Equal Employment Opportunity Commission
                shall be exercised by the chief official of the
                instrume(6) Enforcement of rights to public services and
                                accommodations.
                    The remedies and procedures set forth in section 717 of
                the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) shall be
                available to any qualified person with a disability who is a
                visitor, guest, or patron of an instrumentality of Congress
                and who alleges a violation of the rights and protections
                under sections 201 through 230 or section 302 or 303 of this
                Act that are made applicable by this section, except that
                the authorities of the Equal Employment Opportunity
                Commission shall be exercised by the chief official of the
                instrumentality of the Congress.

    [[Page 825]]

                        (7) Construction.
                    Nothing in this section shall alter the enforcement
                procedures for individuals with disabilities provided in the
                General Accounting Office Personnel Act of 1980 [31 U.S.C.A.
                Sec. 731 et seq.] and regulations promulgated pursuant to
                that Act. (Pub. L. 101-336, Title V, Sec. 509, July 26,
                1990, 104 Stat. 373; Pub. L. 102-166, Title III, Sec. 315,
                Nov. 21, 1991, 105 Stat. 1095; Pub. L. 104-1, Sec. 201, Jan.
                23, 1995, 109 Stat. 8, 16.)

    [[Page 826]]

                          TITLE 44.--PUBLIC PRINTING AND DOCUMENTS

                           Chapter 1.--JOINT COMMITTEE ON PRINTING

           600  Sec. 101. Joint Committee on Printing: membership.
                    The Joint Committee on Printing shall consist of the
                chairman and four members of the Committee on Rules and
                Administration of the Senate and the chairman and four
                members of the Committee on House Administration of the
                House of Representatives. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1238; Feb. 17, 1981, Pub. L. 97-4, 95 Stat. 6.)
           601  Sec. 102. Joint Committee on Printing: succession; powers
                    during recess.
                    The members of the Joint Committee on Printing who are
                reelected to the succeeding Congress shall continue as
                members of the committee until their successors are chosen.
                The President of the Senate and the Speaker of the House of
                Representatives shall, on the last day of a Congress,
                appoint members of their respective Houses who have been
                elected to the succeeding Congress to fill vacancies which
                may then be about to occur on the Committee, and the
                appointees and members of the Committee who have been
                reelected shall continue until their successors are chosen.
                    When Congress is not in session, the Joint Committee may
                exercise all its powers and duties as when Congress is in
                session. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1238.)
           602  Sec. 103. Joint Committee on Printing: remedial powers.
                    The Joint Committee on Printing may use any measures it
                considers necessary to remedy neglect, delay, duplication,
                or waste in the public printing and binding and the
                distribution of Government publications. (Oct. 2, 1968, Pub.
                L. 90-620, 82 Stat. 1239.)

                           Chapter 3.--GOVERNMENT PRINTING OFFICE

           603  Sec. 301. Public Printer: appointment.
                    The President of the United States shall nominate and,
                by and with the advice and consent of the Senate, appoint a
                suitable person, who must be a practical printer and versed
                in the art of bookbinding, to take charge of and manage the
                Government Printing Office. His title shall be Public
                Printer. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1239; June
                6, 1972, Pub. L. 92-310, Sec. 210(a) (1), (2), 86 Stat.
                204.)
           604  Sec. 302. Deputy Public Printer: appointment; duties.
                    The Public Printer shall appoint a suitable person, who
                must be a practical printer and versed in the art of
                bookbinding, to be the Deputy Public Printer. He shall
                perform the duties formerly required of the chief clerk,
                supervise the buildings occupied by the Government Printing
                Office, and perform any other duties required of him by the
                Public Printer. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
                1239.)

    [[Page 827]]

           605  Sec. 303. Public Printer and Deputy Public Printer: pay.
                    The annual rate of pay for the Public Printer shall be a
                rate which is equal to the rate for level III of the
                Executive Schedule of subchapter II of chapter 53 of title
                5. The annual rate of pay for the Deputy Public Printer
                shall be a rate which is equal to the rate for level IV of
                such Executive Schedule. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1239; Aug. 9, 1975, Pub. L. 94-82, Sec. 204(c)(1), 89
                Stat. 421; Pub. L. 101-520, Title II, 5209, Nov. 5, 1990,
                104 Stat. 2274.)
           606  Sec. 304. Public Printer: vacancy in office.
                    In case of the death, resignation, absence, or sickness
                of the Public Printer, the Deputy Public Printer shall
                perform the duties of the Public Printer until a successor
                is appointed or his absence or sickness ceases; but the
                President may direct any other officer of the Government,
                whose appointment is vested in the President by and with the
                advice and consent of the Senate, to perform the duties of
                the vacant office until a successor is appointed, or the
                sickness or absence of the Public Printer ceases. A vacancy
                occasioned by death or resignation may not be filled
                temporarily under this section for longer than ten days, and
                a temporary appointment, designation, or assignment of
                another officer may not be made except to fill a vacancy
                happening during a recess of the Senate. (Oct. 22, 1968,
                Pub. L. 90-620, 82 Stat. 1240.)
           607  Sec. 305. Public Printer: employees; pay.
                    (a) The Public Printer may employ journeymen,
                apprentices, laborers, and other persons necessary for the
                work of the Government Printing Office at rates of wages and
                salaries, including compensation for night and overtime
                work, he considers for the interest of the Government and
                just to the persons employed, except as otherwise provided
                by this section. He may not employ more persons than the
                necessities of the public work require nor more than four
                hundred apprentices at one time. The minimum pay of
                journeymen printers, pressmen, and bookbinders employed in
                the Government Printing Office shall be at the rate of 90
                cents an hour for the time actually employed. Except as
                provided by the preceding part of this section the rate of
                wages, including compensation for night and overtime work,
                for more than ten employees of the same occupation shall be
                determined by a conference between the Public Printer and a
                committee selected by the trades affected, and the rates and
                compensation so agreed upon shall become effective upon
                approval by the Joint Committee on Printing. When the Public
                Printer and the committee representing a trade fail to agree
                as to wages, salaries, and compensation, either party may
                appeal to the Joint Committee on Printing, and the decision
                of the Joint Committee is final. The wages, salaries, and
                compensation so determined are not subject to change oftener
                than once a year.
                    (b) The Public Printer may grant an employee paid on an
                annual basis compensatory time off from duty instead of
                overtime pay for overtime work. (Oct. 22, 1968, Pub. L. 90-
                620, 82 Stat. 1240; Dec. 26, 1969, Pub. L. 91-167, 83 Stat.
                453; July 31, 1970, Pub. L. 91-369, 84 Stat. 693.)

    [[Page 828]]

                   Chapter 5.--PRODUCTION AND PROCUREMENT OF PRINTING AND
                                          BINDING

           608  Sec. 501. Government printing, binding, and blank-book work
                    to be done at Government Printing Office.
                    All printing, binding, and blank-book work for Congress,
                the Executive Office, the Judiciary, other than the Supreme
                Court of the United States, and every executive department,
                independent office and establishment of the Government,
                shall be done at the Government Printing Office, except--
                            (1) classes of work the Joint Committee on
                        Printing considers to be urgent or necessary to have
                        done elsewhere; and
                            (2) printing in field printing plants operated
                        by an executive department, independent office or
                        establishment, and the procurement of printing by an
                        executive department, independent office or
                        establishment from allotments for contract field
                        printing, if approved by the Joint Committee on
                        Printing.
                    Printing or binding may be done at the Government
                Printing Office only when authorized by law. (Oct. 22, 1968,
                Pub. L. 90-620, 82 Stat. 1243.) (Note: See Immigration and
                Naturalization Service v. Chadha (1983; 462 U.S. 919; 103
                S.Ct. 2764) relating to similar legislative veto provisions
                found unconstitutional.)
           609  Sec. 502. Procurement of printing, binding, and blank-book
                    work by Public Printer.
                    Printing, binding, and blank-book work authorized by
                law, which the Public Printer is not able or equipped to do
                at the Government Printing Office, may be produced elsewhere
                under contracts made by him with the approval of the Joint
                Committee on Printing. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1243.) (Note: See Immigration and Naturalization
                Service v. Chadha (1983; 462 U.S. 919; 103 S.Ct. 2764)
                relating to similar legislative veto provisions found
                unconstitutional.)
           610  Sec. 506. Time for printing documents or reports which
                    include illustrations or maps.
                    A document or report to be illustrated or accompanied by
                maps may not be printed by the Public Printer until the
                illustrations or maps designed for it are ready for
                publication. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1244.)
           611  Sec. 507. Orders for printing to be acted upon within one
                    year.
                    An order for public printing may not be acted upon by
                the Public Printer after the expiration of one year unless
                the entire copy and illustrations for the work have been
                furnished within that period. (Oct. 22, 1968, Pub. L. 90-
                620, 82 Stat. 1244.)
           612  Sec. 508. Annual estimates of quantity of paper required for
                    public printing and binding.
                    At the beginning of each session of Congress, the Public
                Printer shall submit to the Joint Committee on Printing
                estimates of the quantity of paper of all descriptions
                required for the public printing and binding during the
                ensuing year. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
                1244.)

    [[Page 829]]

                       Chapter 7.--CONGRESSIONAL PRINTING AND BINDING

           613  Sec. 701. ``Usual number'' of documents and reports;
                    distribution of House and Senate documents and reports;
                    binding; reports on private bills; number of copies
                    printed; distribution.\1\
                    (a) The order by either House of Congress to print a
                document or report shall signify the ``usual number'' of
                copies for binding and distribution among those entitled to
                receive them. A greater number may not be printed unless
                ordered by either House, or as provided by this section.
                When a special number of a document or report is ordered
                printed, the usual number shall also be printed, unless
                already ordered.
                    \1\The number of copies to be printed or the
                    distribution thereof as specified in sections 701, 706,
                    713, 721, 723, 726, 906, 1339, and 1718 of title 44,
                    United States Code, have been changed by the Joint
                    Committee on Printing under authority of section 103 of
                    title 44 (Senate Manual section 602), or as a result of
                    sequestrations of funds mandated by Pub. L. 99-177, the
                    Balanced Budget and Emergency Deficit Control Act of
                    1985. For current regulations, consult the Joint
                    Committee on Printing.
                    (b) The ``usual number'' of documents and reports shall
                be one thousand six hundred and eighty-two copies, which
                shall be printed at one time and distributed as follows:
                    Of the House documents and reports, unbound--to the
                Senate document room, one hundred and fifty copies; to the
                office of the Secretary of the Senate, ten copies; to the
                House document room, not to exceed five hundred copies; to
                the office of the Clerk of the House of Representatives,
                twenty copies; to the Library of Congress, ten copies, as
                provided by section 1718 of this title.
                    Of the Senate documents and reports, unbound--to the
                Senate document room, two hundred and twenty copies; office
                of the Secretary of the Senate, ten copies; to the House
                document room, not to exceed five hundred copies; to the
                Clerk's office of the House of Representatives, ten copies;
                to the Library of Congress, ten copies, as provided by
                section 1718 of this title.
                    (c) Of the number printed, the Public Printer shall bind
                a sufficient number of copies for distribution as follows:
                    Of the House documents and reports, bound--to the Senate
                library, fifteen copies; to the Library of Congress, not to
                exceed one hundred and fifty copies, as provided by section
                1718 of this title; to the House of Representatives library,
                fifteen copies; to the Superintendent of Documents, as many
                copies as are required for distribution to the State
                libraries and designated depositories.
                    Of the Senate documents and reports, bound--to the
                Senate library, fifteen copies; to the Library of Congress,
                copies as provided by sections 1718 and 1719 of this title;
                to the House of Representatives library, fifteen copies; to
                the Superintendent of Documents, as many copies as may be
                required for distribution to State libraries and designated
                depositories. In binding documents the Public Printer shall
                give precedence to those that are to be distributed to
                libraries and to designated depositories. But a State
                library or designated depository entitled to documents that
                may prefer to have its documents in unbound form, may do so
                by notifying the Superintendent of Documents to that effect
                prior to the convening of each Congress.
                    (d) The usual number of reports on private bills,
                concurrent or simple resolutions, may not be printed.
                Instead there shall be printed of each

    [[Page 830]]

                Senate report on a private bill, simple or concurrent
                resolution, in addition to those required to be furnished
                the Library of Congress, three hundred and forty-five
                copies, which shall be distributed as follows: to the Senate
                document room, two hundred and twenty copies; to the
                Secretary of the Senate, fifteen copies; to the House
                document room, one hundred copies; to the Superintendent of
                Documents, ten copies; and of each House report on a private
                bill, simple or concurrent resolution, in addition to those
                for the Library of Congress, two hundred and sixty copies,
                which shall be distributed as follows: to the Senate
                document room, one hundred and thirty-five copies; to the
                Secretary of the Senate, fifteen copies; to the House
                document room, one hundred copies; to the Superintendent of
                Documents, ten copies.
                    This section does not prevent the binding of all Senate
                and House reports in the reserve volumes bound for and
                delivered to the Senate and House libraries, nor abridge the
                right of the Vice President, Senators, Representatives,
                Resident Commissioner, Secretary of the Senate, and Clerk of
                the House to have bound in half morocco, or material not
                more expensive, one copy of every public document to which
                he may be entitled. At least twelve copies of each report on
                bills for the payment or adjudication of claims against the
                Government shall be kept on file in the Senate document
                room. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1246.)

                                Cross Reference

                    Distribution of Government publications to Library of
                Congress, see section 1718 of this title (Senate Manual
                section 667).

           614  Sec. 702. Extra copies of documents and reports.

                    Copies in addition to the ``usual number'' of documents
                and reports shall be printed promptly when ready for
                publication, and may be bound in paper or cloth as the Joint
                Committee on Printing directs. (Oct. 22, 1968, Pub. L. 90-
                620, 82 Stat. 1247.)

           615  Sec. 703. Printing extra copies.

                    Orders for printing copies in addition to the ``usual
                number'', otherwise than provided for by this section, shall
                be by simple, concurrent, or joint resolution. Either House
                may print extra copies to the amount of $1,200 by simple
                resolution; if the cost exceeds that sum, the printing shall
                be ordered by concurrent resolution, unless the resolution
                is self-appropriating, when it shall be by joint resolution.
                Resolutions, when presented to either House, shall be
                referred to the Committee on House Administration of the
                House of Representatives or the Committee on Rules and
                Administration of the Senate, who, in making their report,
                shall give the probable cost of the proposed printing upon
                the estimate of the Public Printer; and extra copies may not
                be printed before the committee has reported. The printing
                of additional copies may be performed upon orders of the
                Joint Committee on Printing within a limit of $700 in cost
                in any one instance. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1247.)

    [[Page 831]]

           616  Sec. 704. Reprinting bills, laws, and reports from
                    committees not exceeding fifty pages.
                    When the supply is exhausted, the Secretary of the
                Senate and the Clerk of the House of Representatives may
                order the reprinting of not more than one thousand copies of
                a pending bill, resolution, or public law, not exceeding
                fifty pages, or a report from a committee or congressional
                commission on pending legislation not accompanied by
                testimony or exhibits or other appendices and not exceeding
                fifty pages. The Public Printer shall require each
                requisition for reprinting to cite the specific authority of
                law for its execution. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1248.)
           617  Sec. 705. Duplicate orders to print.
                    The Public Printer shall examine the orders of the
                Senate and House of Representatives for printing, and in
                case of duplication shall print under the first order
                received. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1248.)
           618  Sec. 706. Bills and resolutions: number and distribution.\1\
                    There shall be printed of each Senate and House public
                bill and joint resolution six hundred and twenty-five
                copies, which shall be distributed as follows:
                    \1\See footnote to Senate Manual section 613.
                            to the Senate document room, two hundred and
                        twenty-five copies;
                            to the office of Secretary of Senate, fifteen
                        copies;
                            to the House document room, three hundred and
                        eighty-five copies.
                    There shall be printed of each Senate private bill, when
                introduced, when reported, and when passed, three hundred
                copies, which shall be distributed as follows:
                            to the Senate document room, one hundred and
                        seventy copies;
                            to the Secretary of the Senate, fifteen copies;
                            to the House document room, one hundred copies;
                            to the Superintendent of Documents, ten copies.
                    There shall be printed of each House private bill, when
                introduced, when reported, and when passed, two hundred and
                sixty copies, which shall be distributed as follows:
                            to the Senate document room, one hundred and
                        thirty-five copies;
                            to the Secretary of the Senate, fifteen copies;
                            to the House document room, one hundred copies;
                            to the Superintendent of Documents, ten copies.
                    Bills and resolutions shall be printed in bill form,
                and, unless specially ordered by either House shall be
                printed only when referred to a committee, when favorably
                reported back, and after their passage by either House.
                    Of concurrent and simple resolutions, when reported, and
                after their passage by either House, only two hundred and
                sixty copies shall be printed, except by special order, and
                shall be distributed as follows:
                            to the Senate document room, one hundred and
                        thirty-five copies;
                            to the Secretary of the Senate, fifteen copies;
                            to the House document room, one hundred copies;
                            to the Superintendent of Documents, ten copies.
                        (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1248.)

    [[Page 832]]

           619  Sec. 707. Bills and resolutions: style and form.
                    Subject to sections 205 and 206 of Title 1, the Joint
                Committee on Printing may authorize the printing of a bill
                or resolution, with index and ancillaries, in the style and
                form the Joint Committee on Printing considers most suitable
                in the interest of economy and efficiency, and to so
                continue until final enactment in both Houses of Congress.
                The committee may also curtail the number of copies of bills
                or resolutions, including the slip form of a public Act or
                public resolution. (Oct 22, 1968, Pub. L. 90-620, 82 Stat.
                1248.)
           620  Sec. 708. Bills and resolutions: binding sets for Congress.
                    The Public Printer shall bind four sets of Senate and
                House of Representatives bills, joint and concurrent
                resolutions of each Congress, two for the Senate and two for
                the House, to be furnished him from the files of the Senate
                and House document room, the volumes when bound to be kept
                there for reference. (Oct 22, 1968, Pub. L. 90-620, 82 Stat.
                1249.)
           621  Sec. 709. Public and private laws, postal conventions, and
                    treaties.
                    The Public Printer shall print in slip form copies of
                public and private laws, postal conventions, and treaties,
                to be charged to the congressional allotment for printing
                and binding. The Joint Committee on Printing shall control
                the number and distribution of copies. (Oct 22, 1968, Pub.
                L. 90-620, 82 Stat. 1249.)
           622  Sec. 711. Printing Acts, joint resolutions, and treaties.
                    The Public Printer, on receiving from the Archivist of
                the United States a copy of an Act or joint resolution, or
                from the Secretary of State, a copy of a treaty, shall print
                an accurate copy and transmit it in duplicate to the
                Archivist of the United States or to the Secretary of State,
                as the case may be, for revision. On the return of one of
                the revised duplicates, he shall make the marked corrections
                and print the number specified by section 709 of this title.
                (As amended Pub. L. 98-497, Title I, Sec. 107(b)(1), Oct.
                19, 1984, 98 Stat. 2286.)
           623  Sec. 713. Journals of Houses of Congress.\1\
                    There shall be printed of the Journals of the Senate and
                House of Representatives eight hundred and twenty copies,
                which shall be distributed as follows:
                    \1\See footnote to Senate Manual section 613.
                            to the Senate document room, ninety copies for
                        distribution to Senators, and twenty-five additional
                        copies;
                            to the Senate library, ten copies;
                            to the House document room, three hundred and
                        sixty copies for distribution to Members, and
                        twenty-five additional copies;
                            to the Department of State, four copies;
                            to the Superintendent of Documents, one hundred
                        and forty-four copies to be distributed to three
                        libraries in each of the States to be designated by
                        the Superintendent of Documents; and
                            to the library of the House of Representatives,
                        ten copies.

                The remaining number of the Journals of the Senate and House
                of Representatives, consisting of twenty-five copies, shall
                be furnished to the Secretary of the Senate and the Clerk of
                the House of Representa-

    [[Page 833]]

                tives, respectively, as the necessities of their respective
                offices require, as rapidly as signatures are completed for
                distribution. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1249;
                Apr. 2, 1982, Pub. L. 97-164, Sec. 158, 96 Stat. 47.)

           624  Sec. 714. Printing documents for Congress in two or more
                    editions; printing of full number and allotment of full
                    quota.
                    The Joint Committee on Printing shall establish rules to
                be observed by the Public Printer, by which public documents
                and reports printed for Congress, or either House, may be
                printed in two or more editions, to meet the public
                requirements. The aggregate of the editions may not exceed
                the number of copies otherwise authorized. This section does
                not prevent the printing of the full number of a document or
                report, or the allotment of the full quota to Senators and
                Representatives, as otherwise authorized, when a legitimate
                demand for the full complement is known to exist. (Oct. 22,
                1968, Pub. L. 90-620, 82 Stat. 1250.)

           625  Sec. 715. Senate and House documents and reports for
                    Department of State.

                    The Public Printer shall print, in addition to the usual
                number, and furnish the Department of State twenty copies of
                each Senate and House of Representatives document and
                report. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1250.)

                                Cross References

                    For distribution of House and Senate documents and
                reports, see sections 701, 1718, and 1719 of this title
                (Senate Manual sections 613, 667, and 668).

           626  Sec. 716. Printing of documents not provided for by law.

                    Either House may order the printing of a document not
                already provided for by law, when accompanied by an estimate
                from the Public Printer as to the probable cost. An
                executive department, bureau, board, or independent office
                of the Government submitting reports or documents in
                response to inquiries from Congress shall include an
                estimate of the probable cost of printing to the usual
                number. This section does not apply to reports or documents
                not exceeding fifty pages. (Oct. 22, 1968, Pub. L. 90-620,
                82 Stat. 1250.)
           627  Sec. 717. Appropriation chargeable for printing of document
                    or report by order of Congress.
                    The cost of the printing of a document or report printed
                by order of Congress which, under section 1107 of this
                title, cannot be properly charged to another appropriation
                or allotment of appropriation already made, upon order of
                the Joint Committee on Printing, shall be charged to the
                allotment of appropriation for printing and binding for
                Congress. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1250.)
           628  Sec. 718. Lapse of authority to print.
                    The authority to print a document or report, or a
                publication authorized by law to be printed, for
                distribution by Congress, shall lapse when the whole number
                of copies has not been ordered within two years from the
                date of the original order, except orders for subsequent
                editions, approved by the Joint Committee on Printing, in
                which case the whole number may not exceed that originally
                authorized by law. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
                1250.)

    [[Page 834]]

           629  Sec. 719. Classification and numbering of publications
                    ordered printed by Congress; designation of publications
                    of departments; printing of committee hearings.
                    Publications ordered printed by Congress, or either
                House, shall be in four series, namely:
                            one series of reports made by the committees of
                        the Senate, to be known as Senate reports;
                            one series of reports made by the committees of
                        the House of Representatives, to be known as House
                        reports;
                            one series of documents other than reports of
                        committees, the orders for printing which originate
                        in the Senate, to be known as Senate documents, and
                            one series of documents other than committee
                        reports, the orders for printing which originate in
                        the House of Representatives, to be known as House
                        documents.
                    The publications in each series shall be consecutively
                numbered, the numbers in each series continuing in unbroken
                sequence throughout the entire term of a Congress, but these
                provisions do not apply to the documents printed for the use
                of the Senate in executive session. Of the ``usual number'',
                the copies which are intended for distribution to State
                libraries and other designated depositories of annual or
                serial publications originating in or prepared by an
                executive department, bureau, office, commission, or board
                may not be numbered in the document or report series of
                either House of Congress, but shall be designated by title
                and bound as provided by section 738 of this title; and the
                departmental edition, if any, shall be printed concurrently
                with the ``usual number''. Hearings of committees may be
                printed as congressional documents only when specifically
                ordered by Congress or either House. (Oct. 22, 1968, Pub. L.
                90-620, 82 Stat. 1250.)
           630  Sec. 720. Senate and House Manuals.
                    Each House may order printed as many copies as it
                desires, of the Senate Manual and of the Rules and Manual of
                the House of Representatives, even though the cost exceed
                $500. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251.)
           631  Sec. 721. Congressional Directory.\1\
                    (a) There shall be prepared under the direction of the
                Joint Committee on Printing (1) a Congressional Directory,
                which shall be printed and distributed as early as
                practicable during the first session of each Congress and
                (2) a supplement to each Congressional Directory, which
                shall be printed and distributed as early as practicable
                during the second regular session of each Congress. The
                Joint Committee shall control the number and distribution of
                the Congressional Directory and each supplement.
                    \1\See footnote to Senate Manual section 613.
                    (b) One copy of the Congressional Directory delivered to
                Members of the Senate and the House of Representatives
                (including Delegates and the Resident Commissioner) shall be
                bound in cloth and imprinted on the cover with the name of
                the Member. Copies of the Congressional Directory delivered
                to depository libraries may be bound in cloth. All other
                copies of the Congressional Directory shall be bound in
                paper and names shall not be imprinted thereon, except that
                copies printed

    [[Page 835]]

                for sale under section 722 may be bound in cloth. (Oct. 22,
                1968, Pub. L. 90-620, 82 Stat. 1251; Aug. 5, 1977, Pub. L.
                95-94, Sec. 404, 91 Stat. 682.)
           632  Sec. 722. Congressional Directory: sale.
                    The Public Printer, under the direction of the Joint
                Committee on Printing, may print the current Congressional
                Directory for sale at a price sufficient to reimburse the
                expense of printing. The money derived from sales shall be
                paid into the Treasury and accounted for in his annual
                report to Congress, and sales may not be made on credit.
                (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251.)
           633  Sec. 723. Memorial addresses; preparation; distribution.\1\
                    After the final adjournment of each session of Congress,
                there shall be compiled, prepared, printed with
                illustrations, and bound in cloth in one volume, in the
                style, form, and manner directed by the Joint Committee on
                Printing, without extra compensation to any employee, the
                legislative proceedings of Congress and the exercises at the
                general memorial services held in the House of
                Representatives during each session relative to the death of
                a Member of Congress or a former Member of Congress who
                served as speaker, together with all relevant memorial
                addresses and eulogies published in the Congressional Record
                during the same session of Congress, and any other matter
                the Joint Committee considers relevant; and there shall be
                printed as many copies as needed to supply the total
                quantity provided for by this section, of which fifty
                copies, bound in full morocco, with gilt edges, suitably
                lettered as may be requested, shall be delivered to the
                family of the deceased, and the remaining copies shall be
                distributed as follows:
                    \1\See footnote to Senate Manual section 613. Title VIII
                    of Public Law 94-59, Sec. 801 July 25, 1975, 89 Stat.
                    296, provides in part as follows: ``Hereafter,
                    appropriations for authorized printing and binding for
                    Congress shall not be available under the authority of
                    section 723 of title 44 of the United States Code for
                    the printing, publication, and distribution of more than
                    fifty bound eulogies to be delivered to the family of
                    the deceased, and in the case of a deceased Senator or
                    deceased Representative (including Delegates to Congress
                    and the Resident Commissioner from Puerto Rico), there
                    shall be furnished to his successor in office two
                    hundred and fifty copies.''.
                            of all eulogies on deceased Members of Congress
                        to the Vice President and each Senator,
                        Representative, and Resident Commissioner in
                        Congress, one copy;
                            of the eulogies on deceased Senators there shall
                        be furnished two hundred and fifty copies for each
                        Senator of the State represented by the deceased and
                        twenty copies for each Representative from that
                        State;
                            of the eulogies on a deceased Representative and
                        Resident Commissioner two hundred and fifty copies
                        for his successor in office; twenty copies for each
                        of the other Representatives, or Resident
                        Commissioner of the State, or insular possession
                        represented by the deceased; and twenty copies for
                        each Senator from that State.
                    The ``usual number'' of memorial addresses may not be
                printed. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251 Oct.
                1, 1981, Pub. L. 97-51, Sec. 101(c), 95 Stat. 959.)

    [[Page 836]]

           634  Sec. 724. Memorial addresses: illustrations.
                    The illustrations to accompany bound copies of memorial
                addresses delivered in Congress shall be made at the Bureau
                of Engraving and Printing and paid for out of the
                appropriation for that bureau, or, in the discretion of the
                Joint Committee on Printing, shall be obtained elsewhere by
                the Public Printer and charged to the allotment for printing
                and binding for Congress. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1252.)
           635  Sec. 725. Statement of appropriations; ``usual number''.
                    Of the statements of appropriations required to be
                prepared by section 105 of Title 2, there shall be printed,
                after the close of each regular session of Congress, the
                usual number of copies. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1252.)
           636  Sec. 726. Printing for committees for Congress.\1\
                    A Committee of Congress may not procure the printing of
                more than one thousand copies of a hearing, or other
                document germane thereto, for its use except by simple,
                concurrent, or joint resolution, as provided by section 703
                of this title. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
                1252.)
                    \1\See footnote to Senate Manual section 613.
           637  Sec. 727. Committee reports: indexing and binding.
                    The Secretary of the Senate and the Clerk of the House
                of Representatives shall procure and file for the use of
                their respective House copies of all reports made by
                committees, and at the close of each session of Congress
                shall have the reports indexed and bound, one copy to be
                deposited in the library of each House and one copy in the
                committee from which the report emanates. (Oct. 22, 1968,
                Pub. L. 90-620, 82 Stat. 1252.)
           638  Sec. 728. United States Statutes at Large: distribution.\2\
                    The Public Printer, after the final adjournment of each
                regular session of Congress, shall print and bind copies of
                the United States Statutes at Large, to be charged to the
                congressional allotment for printing and binding. The Joint
                Committee on Printing shall control the number and
                distribution of the copies.
                    \2\Title X of Pub. L. 94-440, Sec. 1000, Oct. 1, 1976,
                    90 Stat. 1459, provides in part as follows: ``Hereafter,
                    notwithstanding any other provisions of law,
                    appropriations for the automatic distribution to
                    Senators and Representatives (including Delegates to
                    Congress and the Resident Commissioner from Puerto Rico)
                    of copies of the United States Statutes at Large shall
                    not be available with respect to any Senator or
                    Representative unless such Senator or Representative
                    specifically, in writing, requests that he receive
                    copies of such document.''.
                    The Public Printer shall print and, after the end of
                each calendar year, bind and deliver to the Superintendent
                of Documents a number of copies of the United States
                Treaties and Other International Agreements not exceeding
                the number of copies of the United States Statutes at Large
                required for distribution in the manner provided by law.
                (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1252.)
           639  Sec. 730. Distribution of documents to Members of Congress.
                    When, in the division among Senators, and
                Representatives, of documents printed for the use of
                Congress there is an apportionment to each or either House
                in round numbers, the Public Printer may not

    [[Page 837]]

                deliver the full number so accredited at the Senate Service
                Department and House of Representatives Publications
                Distribution Service, but only the largest multiple of the
                number constituting the full membership of that House,
                including the Secretary and Sergeant at Arms of the Senate
                and Clerk, Sergeant at Arms, and Doorkeeper of the House,
                which is contained in the round numbers thus accredited to
                that House, so that the number delivered divides evenly and
                without remainder among the Members of the House to which
                they are delivered; and the remainder of the documents thus
                resulting shall be turned over to the Superintendent of
                Documents, to be distributed by him, first, to public and
                school libraries for the purpose of completing broken sets;
                second, to public and school libraries that have not been
                supplied with any portions of the sets, and, lastly, by sale
                to other persons; the libraries to be named to him by
                Senators and Representatives; and in this distribution the
                Superintendent of Documents, as far as practicable, shall
                make an equal allowance to each Senator and Representative.
                (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1253.)
           640  Sec. 731. Allotments of public documents printed after
                    expiration of terms of Members of Congress; rights of
                    retiring Members to documents.
                    The Congressional allotment of public documents, other
                than the Congressional Record, printed after the expiration
                of the term of office of the Vice President of the United
                States, or Senator, Representative, or Resident
                Commissioner, shall be delivered to his successor in office.
                    Unless the Vice President of the United States, a
                Senator, Representative, or Resident Commissioner, having
                public documents to his credit at the expiration of his term
                of office takes them prior to the 30th day of June next
                following the date of expiration, he shall forfeit them to
                his successor in office. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1253.)
           641  Sec. 732. Time for distribution of documents by Members of
                    Congress extended.
                    Reelected Members may distribute public documents to
                their credit, or the credit of their respective districts in
                the Interior or other Departments and bureaus, and in the
                Government Printing Office, during their successive terms
                and until their right to frank documents ends. (Oct. 22,
                1968, Pub. L. 90-620, 82 Stat. 1253.)
           642  Sec. 733. Documents and reports ordered by Members of
                    Congress; franks and envelopes for Members of Congress.
                    The Public Printer on order of a Member of Congress, on
                prepayment of the cost, may reprint documents and reports of
                committees together with the evidence papers submitted, or
                any part ordered printed by the Congress.
                    He may also furnish without cost to Members and the
                Resident Commissioner from Puerto Rico, blank franks printed
                on sheets and perforated, or singly at their option, for
                public documents. Franks shall contain in the upper left-
                hand corner the following words: ``Public document. United
                States Senate'' or ``House of Representatives U.S.'' and in
                upper right-hand corner the letters ``U.S.S.'' or ``M.C.''
                Franks may also contain information relating to missing
                children as provided in section 3220 of title 39. But he may
                not print any other words except where it is desirable to
                affix the official title of a document. Other

    [[Page 838]]

                words printed on franks shall be at the personal expense of
                the Member or Resident Commissioner ordering them.
                    At the request of a Member of Congress or Resident
                Commissioner the Public Printer may print upon franks or
                envelopes used for mailing public documents the facsimile
                signature of the Member or Resident Commissioner and a
                special request for return if not called for, and the name
                of the State or Commonwealth and county and city. The Member
                or Resident Commissioner shall deposit with his order the
                extra expense involved in printing these additional words.
                    The Public Printer may also, at the request of a Member
                or Resident Commissioner, print on envelopes authorized to
                be furnished, the name of the Member or Resident
                Commissioner, and State or Commonwealth, the date, and the
                topic or subject matter, not exceeding twelve words.
                    The Public Printer shall deposit moneys accruing under
                this section in the Treasury of the United States to the
                credit of the appropriation made for the working capital of
                the Government Printing Office for the year in which the
                work is done. He shall account for them in his annual report
                to Congress. (As amended Pub. L. 93-191, Sec. 8(a), Dec. 18,
                1973, 87 Stat. 745; Pub. L. 93-255, Sec. 2(b), Mar. 27,
                1974, 88 Stat. 52; Pub. L. 99-87, Sec. 1(c)(2), Aug. 9,
                1958, 99 Stat. 291.)
           643  Sec. 734. Stationery and blank books for Congress.
                    Upon requisition of the Secretary of the Senate and the
                Clerk of the House of Representatives, respectively, the
                Public Printer shall furnish stationery, blank books,
                tables, forms, and other necessary papers preparatory to
                congressional legislation, required for the official use of
                the Senate and the House of Representatives, or their
                committees and officers. This does not prevent the purchase
                by the officers of the Senate and House of Representatives
                of stationery and blank books necessary for sales to
                Senators and Members in the stationery rooms of the two
                Houses as provided by law. (Oct. 22, 1968, Pub. L. 90-620,
                82 Stat. 1254.)
           644  Sec. 735. Binding for Members of Congress.\1\
                    Each Member of Congress is entitled to the binding in
                half morocco, or material not more expensive, of one copy of
                each public document to which he is entitled, an account of
                which shall be kept by the Secretary of the Senate and Clerk
                of the House of Representatives, respectively. (Oct. 22,
                1968, Pub. L. 90-620, 82 Stat. 1254.)
                    \1\The rebinding of clothbound books has been prohibited
                    by the Joint Committee on Printing under authority of
                    section 103 of title 44, United States Code (Senate
                    Manual section 602).
                    Title VIII of Pub. L. 94-59, Sec. 801, July 25, 1975, 89
                    Stat. 296, provides in part as follows: ``Hereafter,
                    notwithstanding any other provisions of law,
                    appropriations for the binding of copies of public
                    documents by Committees for distribution to Senators and
                    Representatives (including Delegates to Congress and the
                    Resident Commissioner from Puerto Rico) shall not be
                    available for a Senator or Representative unless such
                    Senator or Representative specifically, in writing,
                    requests that he receive bound copies of any such
                    documents.''.
           645  Sec. 736. Binding at expense of Members of Congress.
                    The Public Printer may bind at the Government Printing
                Office books, maps, charts, or documents published by
                authority of Congress, upon application of a Member of
                Congress, and payment of the actual cost of binding. (Oct.
                22, 1968, Pub. L. 90-620, 82 Stat. 1254.)

    [[Page 839]]

           646  Sec. 737. Binding for Senate library.\1\
                    The Secretary of the Senate may make requisition upon
                the Public Printer for the binding for the Senate library of
                books he considers necessary, at a cost not to exceed $200
                per year. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1254.)
                    \1\The ceiling of $200 per year for binding for the
                    Senate library has been removed by the Joint Committee
                    on Printing under authority of section 103 of title 44,
                    United States Code (Senate Manual section 602).
           647  Sec. 738. Binding of publications for distribution to
                    libraries.
                    The Public Printer shall supply the Superintendent of
                Documents with sufficient copies of publications distributed
                in unbound form, to be bound and distributed to the State
                libraries and other designated depositories for their
                permanent files. Every publication of sufficient size on any
                one subject shall be bound separately and receive the title
                suggested by the subject of the volume, and the others shall
                be distributed in unbound form as soon as printed. The
                library edition, as well as all other bound sets of
                congressional numbered documents and reports, shall be
                arranged in volumes and bound in the manner directed by the
                Joint Committee on Printing. (Oct. 22, 1968, Pub. L. 90-620,
                82 Stat. 1254.)
           648  Sec. 739. Senate and House document rooms; superintendents.
                    There shall be one document room of the Senate and one
                of the House of Representatives, to be designated,
                respectively, the ``Senate and House document room.'' Each
                shall be in charge of a superintendent, who shall be
                appointed by the Secretary of the Senate and the Doorkeeper
                of the House, respectively, together with the necessary
                assistants. The Senate document room shall be under the
                jurisdiction of the Secretary of the Senate. (Oct. 22, 1968,
                Pub. L. 90-620, 82 Stat. 1254.)
           649  Sec. 740. Senate Service Department and House Publications
                    Distribution Service; superintendents.
                    There shall be a Senate Service Department and a House
                of Representatives Publications Distribution Service in the
                charge of superintendents, appointed respectively by the
                Sergeant at Arms of the Senate and Doorkeeper of the House,
                together with the necessary assistants. Reports or documents
                to be distributed for the Senators and Representatives shall
                be folded and distributed from the Senate Service Department
                and House of Representatives Publications Distribution
                Service, unless otherwise ordered, and the respective
                superintendent shall notify each Senator and Representative
                in writing once every sixty days of the number and character
                of publications on hand and assigned to him for use and
                distribution. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
                1255.)
           650  Sec. 741. Disposition of documents stored at Capitol.
                    The Secretary and Sergeant at Arms of the Senate and the
                Clerk and Doorkeeper of the House of Representatives, at the
                convening in regular session of each successive Congress
                shall cause an invoice to be made of public documents stored
                in and about the Capitol, other than those belonging to the
                quota of Members of Congress, to the Library of Congress and
                the Senate and House libraries and document rooms. The
                superintendents of the Senate Service Department and House
                of Representatives Publications Distribution Service shall
                put the documents to the credit of Senators and
                Representatives in quantities equal

    [[Page 840]]

                in the number of volumes and as nearly as possible in value,
                to each Member of Congress, and the documents shall be
                distributed upon the orders of Senators and Representatives,
                each of whom shall be supplied by the superintendents of the
                Senate Service Department and House of Representatives
                Publications Distribution Service with a list of the number
                and character of the publications thus put to his credit,
                but before apportionment is made copies of any of these
                documents desired for the use of a committee of either House
                shall be delivered to the chairman of the committee.
                    Four copies of leather-bound documents shall be reserved
                and carefully stored, to be used in supplying deficiencies
                in the Senate and House libraries caused by wear or loss.
                (Oct 22, 1968, Pub. L. 90-620, 82 Stat. 1255.)

                              Chapter 9.--CONGRESSIONAL RECORD

           651  Sec. 901. Congressional Record: arrangement, style,
                    contents, and indexes.
                    The Joint Committee on Printing shall control the
                arrangement and style of the Congressional Record, and while
                providing that it shall be substantially a verbatim report
                of proceedings, shall take all needed action for the
                reduction of unnecessary bulk. It shall provide for the
                publication of an index of the Congressional Record
                semimonthly during and at the close of sessions of Congress.
                (Oct 22, 1968, Pub. L. 90-620, 82 Stat. 1255.)
           652  Sec. 902. Congressional Record: indexes.
                    The Joint Committee on Printing shall designate to the
                Public Printer competent persons to prepare the semimonthly
                and the session index to the Congressional Record and shall
                fix the compensation to be paid by the Public Printer for
                that work, and direct the form and manner of its publication
                and distribution. (Oct 22, 1968, Pub. L. 90-620, 82 Stat.
                1256.)
           653  Sec. 903. Congressional Record: daily and permanent forms.
                    The public proceedings of each House of Congress as
                reported by the Official Reporters, shall be printed in the
                Congressional Record, which shall be issued in daily form
                during each session and shall be revised, printed, and bound
                promptly, as directed by the Joint Committee on Printing, in
                permanent form, for distribution during and after the close
                of each session of Congress. The daily and the permanent
                Record shall bear the same date, which shall be that of the
                actual day's proceedings reported. The ``usual number'' of
                the Congressional Record may not be printed. (Oct 22, 1968,
                Pub. L. 90-620, 82 Stat. 1256.)
           654  Sec. 904. Congressional Record: maps; diagrams;
                    illustrations.
                    Maps, diagrams, or illustrations may not be inserted in
                the Record without the approval of the Joint Committee on
                Printing. (Oct 22, 1968, Pub. L. 90-620, 82 Stat. 1256.)
           655  Sec. 905. Congressional Record: additional insertions.
                    The Joint Committee on Printing shall provide for
                printing in the daily Record the legislative program for the
                day together with a list of congressional committee meetings
                and hearings, and the place of meeting and subject matter.
                It shall cause a brief resume of congres-

    [[Page 841]]

                sional activities for the previous day to be incorporated in
                the Record, together with an index of its contents prepared
                under the supervision of the Secretary of the Senate and the
                Clerk of the House of Representatives, respectively. (Oct
                22, 1968, Pub. L. 90-620, 82 Stat. 1256.)
           656  Sec. 906. Congressional Record: gratuitous copies;
                    delivery.\1\
                    The Public Printer shall furnish the Congressional
                Record only as follows:
                    \1\Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 546, provides
                    in part as follows: ``Hereafter, appropriations for
                    authorized printing and binding for Congress shall not
                    be available under the authority of the Act of October
                    22, 1968 (44 U.S.C. 906) for the printing, publication,
                    and distribution of more than one copy of the bound
                    permanent editions of the Congressional Record for the
                    Vice President and each Member of the Senate and House
                    of Representatives.''.
                        of the bound edition--
                            to the Senate Service Department five copies for
                        the Vice President and each Senator;
                            to the Secretary and Sergeant at Arms of the
                        Senate, each, two copies;
                            to the Joint Committee on Printing not to exceed
                        one hundred copies;
                            to the House of Representatives Publications
                        Distribution Service, three copies for each
                        Representative and Resident Commissioner in
                        Congress; and
                            to the Clerk, Sergeant at Arms, and Doorkeeper
                        of the House of Representatives, each, two copies;
                        of the daily edition--
                            to the Vice President, one hundred copies;
                            to each Senator, fifty copies (which may be
                        transferred only to public agencies and
                        institutions);
                            to the Secretary and Sergeant at Arms of the
                        Senate, each, twenty-five copies;
                            to the Secretary, for official use, not to
                        exceed thirty-five copies; and
                            to the Sergeant at Arms for use on the floor of
                        the Senate, not to exceed fifty copies;
                            to each Member of the House of Representatives,
                        the Resident Commissioner from Puerto Rico, the
                        Delegate from the District of Columbia, the Delegate
                        from Guam, and the Delegate from the Virgin Islands,
                        thirty-four copies (which may be transferred only to
                        public agencies and institutions);
                            to the Clerk, Sergeant at Arms, and Doorkeeper
                        of the House of Representatives, each, twenty-five
                        copies;
                            to the Clerk, for official use, not to exceed
                        fifty copies, and to the Doorkeeper for use on the
                        floor of the House of Representatives, not to exceed
                        seventy-five copies;
                            to the Vice President and each Senator,
                        Representative, and Resident Commissioner in
                        Congress (and not transferable) three copies of
                        which one shall be delivered at his residence, one
                        at his office and one at the Capitol.
                    In addition to the foregoing the Congressional Record
                shall also be furnished as follows:
                    In unstitched form, and held in reserve by the Public
                Printer, as many copies of the daily Record as may be
                required to supply a semi-

    [[Page 842]]

                monthly edition, bound in paper cover together with each
                semimonthly index when it is issued, and then be delivered
                promptly as follows:
                            to each committee and commission of Congress,
                        one daily and one semimonthly copy;
                            to each joint committee and joint commission in
                        Congress, as may be designated by the Joint
                        Committee on Printing, two copies of the daily, one
                        semimonthly copy, and one bound copy;
                            to the Secretary and the Sergeant at Arms of the
                        Senate, for office use, each, six semimonthly
                        copies;
                            to the Clerk, Sergeant at Arms, and Doorkeeper
                        of the House, for office use, each, six semimonthly
                        copies;
                            to the Joint Committee on Printing, ten
                        semimonthly copies;
                            to the Vice President and each Senator,
                        Representative, and Resident Commissioner in
                        Congress, one semimonthly copy;
                            to the President of the United States, for the
                        use of the Executive Office, ten copies of the
                        daily, two semimonthly copies, and one bound copy;
                            to the Chief Justice of the United States and
                        each of the Associate Justices of the Supreme Court
                        of the United States, one copy of the daily;
                            to the offices of the marshal and clerk of the
                        Supreme Court of the United States, each, two copies
                        of the daily and one semimonthly copy;
                            to each United States circuit and district
                        judge, and to the chief judge and each associate
                        judge of the United States Claims Court, the United
                        States Court of International Trade, the Tax Court
                        of the United States, the United States Court of
                        Veterans Appeals, and the United States Court of
                        Appeals for the Armed Forces, upon request to a
                        Member of Congress and notification by the Member to
                        the Public Printer, one copy of the daily, in
                        addition to those authorized to be furnished to
                        Members of Congress under the preceding provisions
                        of this section;
                            to the offices of the Vice President and the
                        Speaker of the House of Representatives, each, six
                        copies of the daily and one semimonthly copy;
                            to the Sergeant at Arms, the Chaplain, the
                        Postmaster, the superintendent and the foreman of
                        the Senate Service Department and of the House of
                        Representatives Publications Distribution Service,
                        respectively; to the Secretaries to the Majority and
                        the Minority of the Senate, and to the Doorkeeper of
                        the House of Representatives, each, one copy of the
                        daily;
                            to the office of the Parliamentarian of the
                        House of Representatives, six copies of the daily,
                        one semimonthly copy, and two bound copies;
                            to the offices of the Official Reporters of
                        Debates of the Senate and House of Representatives,
                        respectively, each, fifteen copies of the daily, one
                        semimonthly copy, and three bound copies;
                            to the office of the stenographers to committees
                        of the House of Representatives, four copies of the
                        daily and one semimonthly copy;
                            to the office of the Congressional Record Index,
                        ten copies of the daily and two semimonthly copies;

    [[Page 843]]

                            to the offices of the superintendent of the
                        Senate and House document rooms, each, three copies
                        of the daily, one semimonthly copy, and one bound
                        copy;
                            to the offices of the superintendents of the
                        Senate and House press galleries, each, two copies
                        of the daily, one semimonthly copy, and one bound
                        copy;
                            to the offices of the Legislative Counsel of the
                        Senate and House of Representatives, respectively,
                        and the Architect of the Capitol, each, three copies
                        of the daily, one semimonthly copy, and one bound
                        copy;
                            to the Library of Congress for official use in
                        Washington, District of Columbia, and for
                        international exchange, as provided by sections 1718
                        and 1719 of this title, not to exceed one hundred
                        and forty-five copies of the daily, five semimonthly
                        copies, and one hundred and fifty bound copies;
                            to the library of the Senate, three copies of
                        the daily, two semimonthly copies, and not to exceed
                        fifteen bound copies;
                            to the library of the House of Representatives,
                        five copies of the daily, two semimonthly copies,
                        and not to exceed twenty-eight bound copies, of
                        which eight copies may be bound in the style and
                        manner approved by the Joint Committee on Printing;
                            to the library of the Supreme Court of the
                        United States, two copies of the daily, two
                        semimonthly copies, and not to exceed five bound
                        copies;
                            to the library of each United States Court of
                        Appeals, each United States District Court, the
                        United States Claims Court, the United States Court
                        of International Trade, the Tax Court of the United
                        States, the United States Court of Veterans Appeals,
                        and the United States Court of Appeals for the Armed
                        Forces, upon request to the Public Printer, one copy
                        of the daily, one semimonthly copy, and one bound
                        copy;
                            to the Public Printer for official use, not to
                        exceed seventy-five copies of the daily, ten
                        semimonthly copies, and two bound copies;
                            to the Director of the Botanic Garden, two
                        copies of the daily and one semimonthly copy:
                            to the Archivist of the United States, five
                        copies of the daily, two semimonthly copies, and two
                        bound copies;
                            to the library of each executive department,
                        independent office, and establishment of the
                        Government in the District of Columbia, except those
                        designated as depository libraries, and to the
                        libraries of the municipal government of the
                        District of Columbia, the Naval Observatory, and the
                        Smithsonian Institution, each, two copies of the
                        daily, one semimonthly copy, and one bound copy;
                            to the offices of the Governors of Puerto Rico,
                        Guam and the Virgin Islands, each, five copies in
                        both daily and bound form;
                            to the office of the Governor of the Canal Zone,
                        five copies in both daily and bound form;
                            to each ex-President and ex-Vice President of
                        the United States, one copy of the daily;
                            to each former Senator, Representative, and
                        Commissioner from Puerto Rico, upon request to the
                        Public Printer, one copy of the daily;

    [[Page 844]]

                            to the governor of each State, one copy in both
                        daily and bound form;
                            to each separate establishment of the Armed
                        Forces Retirement Home, to each of the National
                        Homes for Disabled Volunteer Soldiers, and to each
                        of the State soldiers' homes, one copy of the daily;
                            to the Superintendent of Documents, as many
                        daily and bound copies as may be required for
                        distribution to depository libraries;
                            to the Department of State, not to exceed one
                        hundred and fifty copies of the daily, for
                        distribution to each United States embassy and
                        legation abroad, and to the principal consular
                        offices in the discretion of the Secretary of State;
                            to each foreign legation in Washington whose
                        government extends a like courtesy to our embassies
                        and legations abroad, one copy of the daily, to be
                        furnished upon requisition of and sent through the
                        Secretary of State;
                            to each newspaper correspondent whose name
                        appears in the Congressional Directory, and who
                        makes application, for his personal use and that of
                        the papers he represents, one copy of the daily and
                        one copy of the bound, the same to be sent to the
                        office address of the member of the press or
                        elsewhere as he directs; not to exceed four copies
                        in all may be furnished to members of the same press
                        bureau.
                    Copies of the daily edition, unless otherwise directed
                by the Joint Committee on Printing, shall be supplied and
                delivered promptly on the day after the actual day's
                proceedings as originally published. Each order for the
                daily Record shall begin with the current issue, if previous
                issues of the same session are not available. The
                apportionment specified for daily copies may not be
                transferred for the bound form and an allotment of daily
                copies not used by a Member during a session shall lapse
                when the session ends. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1256; June 12, 1970, Pub. L. 91-276, 84 Stat. 303;
                Aug. 10, 1972, Pub. L. 92-373, 86 Stat. 528; June 8, 1974,
                Pub. L. 93-314, Sec. 1(b), 88 Stat. 239; Aug. 5, 1977, Pub.
                L. 95-94, Sec. 407(a), 91 Stat. 683; Oct. 10, 1980, Pub. L.
                96-417, Title VI, Sec. 601(11), 94 Stat. 1744; Apr. 2, 1982,
                Pub. L. 97-164, Sec. 164(2), 96 Stat. 50; Pub. L. 101-510,
                Title XV, Secs. 1533(c)(3), 1541(a), Nov. 5, 1990, 104
                Stat. 1736; Pub. L. 102-82, Sec. 6, Aug. 6, 1991, 105 Stat.
                337; Pub. L. 103-337, Sec. 924(d)(1)(D), Oct. 5, 1994, 108
                Stat. 2832.)
           657  Sec. 907. Congressional Record: extracts for Members of
                    Congress; mailing envelopes.
                    The Public Printer may print and deliver, upon the order
                of a Member of Congress and payment of the cost, extracts
                from the Congressional Record. The Public Printer may
                furnish without cost to Members and the Resident
                Commissioner, envelopes, ready for mailing the Congressional
                Record or any part of it, or speeches, or reports in it, if
                such part, speeches, or reports are mailable as franked mail
                under section 3210 of title 39. Envelopes so furnished shall
                contain in the upper left-hand corner the following words:
                ``United States Senate'' or ``House of Representatives, U.S.
                Part of Congressional Record'', and in the upper right-hand
                corner the letters ``U.S.S.'' or ``M.C.'', and the Public
                Printer may, at the request of a Member or Resident
                Commissioner, print in addition to the foregoing, his name
                and State or Commonwealth, the

    [[Page 845]]

                date, and the topic or subject matter, not exceeding twelve
                words. He may not print any other words on envelopes, except
                at the personal expense of the Member or Resident
                Commissioner ordering the envelopes, except to affix the
                official title of a document. The Public Printer shall
                deposit moneys accruing under this section in the Treasury
                of the United States to the credit of the appropriation made
                for the working capital of the Government Printing Office
                for the year in which the work is done, and accounted for in
                his annual report to Congress. (Oct. 22, 1968, Pub. L. 90-
                620, 82 Stat. 1259; Dec. 18, 1973, Pub. L. 93-191,
                Sec. 8(b), 87 Stat. 745; Mar. 27, 1974, Pub. L. 93-255,
                Sec. 2(c), 88 Stat. 52.)
           658  Sec. 908. Congressional Record: payment for printing
                    extracts or other documents.
                    If a Member or Resident Commissioner fails to pay the
                cost of printing extracts from the Congressional Record or
                other documents ordered by him to be printed, the Public
                Printer shall certify the amount due to the Sergeant at Arms
                of the House or the financial clerk of the Senate, as the
                case may be, who shall deduct from any salary due the
                delinquent the amount, or as much of it as the salary due
                may cover, and pay the amount so obtained to the Public
                Printer, to be applied by him to the satisfaction of the
                indebtedness. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
                1260.)
           659  Sec. 910. Congressional Record: subscriptions; sale of
                    current, individual numbers, and bound sets; postage
                    rate.
                    (a) Under the direction of the Joint Committee, the
                Public Printer may sell--
                            (1) subscriptions to the daily Record; and
                            (2) current, individual numbers, and bound sets
                        of the Congressional Record.
                    (b) The price of a subscription to the daily Record and
                of current, individual numbers, and bound sets shall be
                determined by the Public Printer based upon the cost of
                printing and distribution. Any such price shall be paid in
                advance. The money from any such sale shall be paid into the
                Treasury and accounted for in the Public Printer's annual
                report to Congress.
                    (c) The Congressional Record shall be entitled to be
                mailed at the same rates of postage at which any newspaper
                or other periodical publication, with a legitimate list of
                paid subscribers, is entitled to be mailed. (Oct. 22, 1968,
                Pub. L. 90-620, 82 Stat. 1260; June 8, 1974, Pub. L. 93-314,
                Sec. 1(a), 88 Stat. 239.)

                  Chapter 11.--EXECUTIVE AND JUDICIARY PRINTING AND BINDING

           660  Sec. 1104. Restrictions on use of illustrations.
                    Appropriations made for printing and binding may not be
                used for an illustration, engraving, or photograph in a
                document or report ordered printed by Congress unless the
                order to print expressly authorizes it, nor in a document or
                report of an executive department, independent office or
                establishment of the Government until the head of the
                executive department or Government establishment certifies
                in a letter transmit-

    [[Page 846]]

                ting the report that the illustration, engraving, or
                photograph is necessary and relates entirely to the
                transaction of public business. (Oct. 22, 1968, Pub. L. 90-
                620, 82 Stat. 1261.)

                        Chapter 13.--PARTICULAR REPORTS AND DOCUMENTS

           661  Sec. 1301. Agriculture, Department of: report of Secretary.
                    The annual report of the Secretary of Agriculture shall
                be submitted and printed in two parts, as follows:
                            part 1, containing purely business and executive
                        matter necessary for the Secretary to submit to the
                        President and Congress;
                            part 2, reports from the different bureaus and
                        divisions, and papers prepared by their special
                        agents, accompanied by suitable illustrations as
                        are, in the opinion of the Secretary, specially
                        suited to interest and instruct the farmers of the
                        country, and to include a general report of the
                        operations of the department for their information.
                    In addition to the usual number, there shall be printed
                of part 1, one thousand copies for the Senate, two thousand
                copies for the House of Representatives, and three thousand
                copies for the Department of Agriculture; and of part 2, one
                hundred and ten thousand copies for the use of the Senate,
                three hundred and sixty thousand copies for the use of the
                House of Representatives, and thirty thousand copies for the
                use of the Department of Agriculture, the illustrations for
                part 2 to be subject to the approval of the Secretary of
                Agriculture, and executed under the supervision of the
                Public Printer, in accordance with directions of the Joint
                Committee on Printing, and the title of each of the parts
                shall show that each part is complete in itself. (Pub. L.
                90-620, Oct. 22, 1968, 82 Stat. 1265.)
         661.1  Sec. 1326. Librarian of Congress: reports.
                    Five thousand copies of the annual and special reports
                of the Librarian of Congress submitted to Congress, shall be
                printed and bound in cloth for the Library of Congress.
                (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1270.)
           662  Sec. 1339. Printing of the President's Message.\1\
                    The message of the President without the accompanying
                documents and reports shall be printed in pamphlet form,
                immediately upon its receipt by Congress. In addition to the
                usual number, fifteen thousand copies shall be printed, of
                which five thousand shall be for the Senate, and ten
                thousand for the House of Representatives.
                    \1\See footnote to Senate Manual section 613.
                    In addition to the usual number of the President's
                message and accompanying documents, there shall be printed
                one thousand copies for the Senate and two thousand for the
                House of Representatives. The President's message shall be
                delivered by the printer to the appropriate officers of each
                House of Congress on or before the third Wednesday next
                after the meeting of Congress, or as soon after as may be
                practicable. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1272.)

    [[Page 847]]

                   Chapter 17.--DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS

           663  Sec. 1705. Printing additional copies for sale to public;
                    regulations.
                    The Public Printer shall print additional copies of a
                Government publication, not confidential in character,
                required for sale to the public by the Superintendent of
                Documents, subject to regulation by the Joint Committee on
                Printing and without interference with the prompt execution
                of printing for the Government. (Oct. 22, 1968, Pub. L. 90-
                620, 82 Stat. 1279.)
           664  Sec. 1706. Printing and sale of extra copies of documents.
                    The Public Printer shall furnish to applicants giving
                notice before the matter is put to press, not exceeding two
                hundred and fifty to any one applicant, copies of bills,
                reports, and documents. The applicants shall pay in advance
                the price of the printing. The printing of these copies for
                private parties may not interfere with the printing for the
                Government. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1279.)
           665  Sec. 1710. Index of documents: number and distribution.
                    The Superintendent of Documents, at the close of each
                regular session of Congress, shall prepare and publish a
                comprehensive index of public documents, upon a plan
                approved by the Joint Committee on Printing. The Public
                Printer shall, immediately upon its publication, deliver to
                him a copy of every document printed by the Government
                Printing Office. The head of each executive department,
                independent agency and establishment of the Government shall
                deliver to him a copy of every document issued or published
                by the department, bureau, or office not confidential in
                character. He shall also prepare and print in one volume a
                consolidated index of Congressional documents, and shall
                index single volumes of documents as the Joint Committee on
                Printing directs. Two thousand copies each of the
                comprehensive index and of the consolidated index shall be
                printed and bound in addition to the usual number, two
                hundred for the Senate, eight hundred for the House of
                Representatives and one thousand for distribution by the
                Superintendent of Documents. (Oct. 22, 1968, Pub. L. 90-620,
                82 Stat. 1280.)
           666  Sec. 1715. Publications for department or officer or for
                    congressional committees.
                    When printing not bearing a congressional number, except
                confidential matter, blank forms, and circular letters not
                of a public character, is done for a department or officer
                of the Government, or not of a confidential character, is
                done for use of congressional committees, two copies shall
                be sent, unless withheld by order of the committee, by the
                Public Printer to the Senate and House of Representatives
                libraries, respectively, and one copy each to the document
                rooms of the Senate and House of Representatives, for
                reference; and these copies may not be removed. (Oct. 22,
                1968, Pub. L. 90-620, 82 Stat. 1281.)

    [[Page 848]]

           667  Sec. 1718. Distribution of Government publications to the
                    Library of Congress.\1\
                    There shall be printed and furnished to the Library of
                Congress for official use in the District of Columbia not to
                exceed twenty-five copies of:
                    \1\See footnote to Senate Manual section 613.
                            House documents and reports, bound;
                            Senate documents and reports, bound;
                            Senate and House journals, bound;
                            public bills and resolutions;
                            the United States Code and supplements, bound;
                        and
                            all other publications and maps which are
                        printed, or otherwise reproduced, under authority of
                        law, upon the requisition of a Congressional
                        committee, executive department, bureau, independent
                        office, establishment, commission, or officer of the
                        Government.
                    Confidential matter, blank forms, and circular letters
                not of a public character shall be excepted.
                    In addition, there shall be delivered as printed to the
                Library of Congress:
                            ten copies of each House document and report,
                        unbound;
                            ten copies of each Senate document and report,
                        unbound;
                        and
                            ten copies of each private bill and resolution
                        and fifty copies of the laws in slip form. (Oct. 22,
                        1968, Pub. L. 90-620, 82 Stat. 1282; Oct. 2, 1982,
                        Pub. L. 97-276, Sec. 101(e), 96 Stat. 1189.)
           668  Sec. 1719. International exchange of Government
                    publications.
                    For the purpose of more fully carrying into effect the
                convention concluded at Brussels on March 15, 1886, and
                proclaimed by the President of the United States on January
                15, 1889, there shall be supplied to the Superintendent of
                Documents not to exceed one hundred and twenty-five copies
                each of all Government publications, including the daily and
                bound copies of the Congressional Record, for distribution
                to those foreign governments which agree, as indicated by
                the Library of Congress, to send to the United States
                similar publications of their governments for delivery to
                the Library of Congress. Confidential matter, blank forms,
                circular letters not of a public character, publications
                determined by their issuing department, office, or
                establishment to be required for official use only or for
                strictly administrative or operational purposes which have
                no public interest or educational value, and publications
                classified for reasons of national security shall be
                exempted from this requirement. The printing, binding, and
                distribution costs of any publication distributed in
                accordance with this section shall be charged to
                appropriations provided to the Superintendent of Documents
                for that purpose. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
                1282; Oct 2, 1982, Pub. L. 97-276, Sec. 101(e), 96 Stat.
                1189; Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat.
                1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986,
                100 Stat. 3341-287, as amended July 1987, Pub. L. 100-71,
                Title I, 101 Stat. 425.)

    [[Page 849]]

                           Chapter 19.--DEPOSITORY LIBRARY PROGRAM

           669  Sec. 1901. Definition of Government publication.
                    ``Government publication'' as used in this chapter,
                means informational matter which is published as an
                individual document at Government expense, or as required by
                law. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1283.)
           670  Sec. 1902. Availability of Government publications through
                    Superintendent of Documents; lists of publications not
                    ordered from Government Printing Office.
                    Government publications, except those determined by
                their issuing components to be required for official use
                only or for strictly administrative or operational purposes
                which have no public interest or educational value and
                publications classified for reasons of national security,
                shall be made available to depository libraries through the
                facilities of the Superintendent of Documents for public
                information. Each component of the Government shall furnish
                the Superintendent of Documents a list of such publications
                it issued during the previous month, that were obtained from
                sources other than the Government Printing Office. (Oct. 22,
                1968, Pub. L. 90-620, 82 Stat. 1283.)
           671  Sec. 1903. Distribution of publications to depositories;
                    notice to Government components; cost of printing and
                    binding.
                    Upon request of the Superintendent of Documents,
                components of the Government ordering the printing of
                publications shall either increase or decrease the number of
                copies of publications furnished for distribution to
                designated depository libraries and State libraries so that
                the number of copies delivered to the Superintendent of
                Documents is equal to the number of libraries on the list.
                The number thus delivered may not be restricted by any
                statutory limitation in force on August 9, 1962. Copies of
                publications furnished the Superintendent of Documents for
                distribution to designated depository libraries shall
                include--
                            the journals of the Senate and House of
                        Representatives;
                            all publications, not confidential in character,
                        printed upon the requisition of a congressional
                        committee;
                            Senate and House public bills and resolutions;
                        and
                            reports on private bills, concurrent or simple
                        resolutions;

                but not so-called cooperative publications which must
                necessarily be sold in order to be self-sustaining.

                    The Superintendent of Documents shall currently inform
                the components of the Government ordering printing of
                publications as to the number copies of their publications
                required for distribution to depository libraries. The cost
                of printing and binding those publications distributed to
                depository libraries obtained elsewhere than from the
                Government Printing Office, shall be borne by components of
                the Government responsible for their issuance; those
                requisitioned from the Government Printing Office shall be
                charged to appropriations provided the Superintendent of
                Documents for that purpose. (Oct. 22, 1968, Pub. L. 90-620,
                82 Stat. 1283.)

    [[Page 850]]

           672  Sec. 1904. Classified list of Government publications for
                    selection by depositories.
                    The Superintendent of Documents shall currently issue a
                classified list of Government publications in suitable form,
                containing annotations of contents and listed by item
                identification numbers to facilitate the selection of only
                those publications needed by depository libraries. The
                selected publications shall be distributed to depository
                libraries in accordance with regulations of the
                Superintendent of Documents, as long as they fulfill the
                conditions provided by law. (Oct. 22, 1968, Pub. L. 90-620,
                82 Stat. 1284.)
           673  Sec. 1905. Distribution to depositories; designation of
                    additional libraries; justification; authorization for
                    certain designations.
                    The Government publications selected from lists prepared
                by the Superintendent of Documents, and when requested from
                him, shall be distributed to depository libraries
                specifically designated by law and to libraries designated
                by Senators, Representatives, and the Resident Commissioner
                from Puerto Rico, by the Commissioner of the District of
                Columbia, and by the Governors of Guam, American Samoa, and
                the Virgin Islands, respectively. Additional libraries
                within areas served by Representatives or the Resident
                Commissioner from Puerto Rico may be designated by them to
                receive Government publications to the extent that the total
                number of libraries designated by them does not exceed two
                within each area. Not more than two additional libraries
                within a State may be designated by each Senator from the
                State. Before an additional library within a State,
                congressional district or the Commonwealth of Puerto Rico is
                designated as a depository for Government publications, the
                head of that library shall furnish his Senator,
                Representative, or the Resident Commissioner from Puerto
                Rico, as the case may be, with justification of the
                necessity for the additional designation. The justification,
                which shall also include a certification as to the need for
                the additional depository library designation, shall be
                signed by the head of every existing depository library
                within the congressional district or the Commonwealth of
                Puerto Rico or by the head of the library authority of the
                State or the Commonwealth of Puerto Rico, within which the
                additional depository library is to be located. The
                justification for additional depository library designations
                shall be transmitted to the Superintendent of Documents by
                the Senator, Representative, or the Resident Commissioner
                from Puerto Rico, as the case may be. The Commissioner of
                the District of Columbia may designate two depository
                libraries in the District of Columbia, the Governor of Guam
                and the Governor of American Samoa may each designate one
                depository library in Guam and American Samoa, respectively,
                and the Governor of the Virgin Islands may designate one
                depository library on the island of Saint Thomas and one on
                the island of Saint Croix. (Oct. 22, 1968, Pub. L. 90-620,
                82 Stat. 1284.)
           674  Sec. 1906. Land-grant colleges constituted depositories.
                    Land-grant colleges are constituted depositories to
                receive Government publications subject to the depository
                laws. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1284.)

    [[Page 851]]

           675  Sec. 1909. Requirements of depository libraries; reports on
                    conditions; investigations; termination; replacement.
                    Only a library able to provide custody and service for
                depository materials and located in an area where it can
                best serve the public need, and within an area not already
                adequately served by existing depository libraries may be
                designated by Senators, Representatives, the Resident
                Commissioner from Puerto Rico, the Commissioner of the
                District of Columbia, or the Governors of Guam, American
                Samoa, or the Virgin Islands as a depository of Government
                publications. The designated depository libraries shall
                report to the Superintendent of Documents at least every two
                years concerning their condition.
                    The Superintendent of Documents shall make firsthand
                investigation of conditions for which need is indicated and
                include the results of investigations in his annual report.
                When he ascertains that the number of books in a depository
                library is below ten thousand, other than Government
                publications, or it has ceased to be maintained so as to be
                accessible to the public, or that the Government
                publications which have been furnished the library have not
                been properly maintained, he shall delete the library from
                the list of depository libraries if the library fails to
                correct the unsatisfactory conditions within six months. The
                Representative or the Resident Commissioner from Puerto Rico
                in whose area the library is located or the Senator who made
                the designation, or a successor of the Senator, and, in the
                case of a library in the District of Columbia, the
                Commissioner of the District of Columbia, and in the case of
                a library in Guam, American Samoa, or the Virgin Islands,
                the Governor, shall be notified and shall then be authorized
                to designate another library within the area served by him,
                which shall meet the conditions herein required, but which
                may not be in excess of the number of depository libraries
                authorized by law within the State, district, territory, or
                the Commonwealth of Puerto Rico, as the case may be. (Oct.
                22, 1968, Pub. L. 90-620, 82 Stat. 1285.)
           676  Sec. 1910. Designations of replacement depositories;
                    limitations on numbers; conditions.
                    The designation of a library to replace a depository
                library, other than a depository library specifically
                designated by law, may be made only within the limitations
                on total numbers specified by section 1905 of this title,
                and only when the library to be replaced ceases to exist, or
                when the library voluntarily relinquishes its depository
                status, or when the Superintendent of Documents determines
                that it no longer fulfills the conditions provided by law
                for depository libraries. (Oct. 22, 1968, Pub. L. 90-620, 82
                Stat. 1286.)
           677  Sec. 1912. Regional depositories; designation; functions;
                    disposal of publications.
                    Not more than two depository libraries in each State and
                the Commonwealth of Puerto Rico may be designated as
                regional depositories, and shall receive from the
                Superintendent of Documents copies of all new and revised
                Government publications authorized for distribution to
                depository libraries. Designation of regional depository
                libraries may be made by a Senator or the Resident
                Commissioner from Puerto Rico within the areas served by
                them, after approval by the head of the library authority of
                the State or the Commonwealth of Puerto Rico, as the case
                may be, who shall first ascertain from the head of the

    [[Page 852]]

                library to be so designated that the library will, in
                addition to fulfilling the requirements for depository
                libraries, retain at least one copy of all Government
                publications either in printed or microfacsimile form
                (except those authorized to be discarded by the
                Superintendent of Documents); and within the region served
                will provide interlibrary loan, reference service, and
                assistance for depository libraries in the disposal of
                unwanted Government publications. The agreement to function
                as a regional depository library shall be transmitted to the
                Superintendent of Documents by the Senator or the Resident
                Commissioner from Puerto Rico when the designation is made.
                    The libraries designated as regional depositories may
                permit depository libraries, within the areas served by
                them, to dispose of Government publications which they have
                retained for five years after first offering them to other
                depository libraries within their area, then to other
                libraries. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1286.)
           678  Sec. 1914. Implementation of depository library program by
                    Public Printer.
                    The Public Printer, with the approval of the Joint
                Committee on Printing, as provided by section 103 of this
                title, may use any measures he considers necessary for the
                economical and practical implementation of this chapter.
                (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1287.)
         678.1  Sec. 1915. Highest State appellate court libraries as
                    depository libraries.
                    Upon the request of the highest appellate court of a
                State, the Public Printer is authorized to designate the
                library of that court as a depository library. The
                provisions of section 1911 of this title shall not apply to
                any library so designated. (Aug. 10, 1972, Pub. L. 92-368,
                Sec. 1(a), 86 Stat. 507.)
         678.2  Sec. 1916. Designation of libraries of accredited law
                    schools as depository libraries.
                    (a) Upon the request of any accredited law school, the
                Public Printer shall designate the library of such law
                school as a depository library. The Public Printer may not
                make such designation unless he determines that the library
                involved meets the requirements of this chapter, other than
                those requirements of the first undesignated paragraph of
                section 1909 of this title which relate to the location of
                such library.
                    (b) For purposes of this section, the term ``accredited
                law school'' means any law school which is accredited by a
                nationally recognized accrediting agency or association
                approved by the Commissioner of Education for such purpose
                or accredited by the highest appellate court of the State in
                which the law school is located. (April 17, 1978, Pub. L.
                95-261, Sec. 1, 92 Stat. 199.)

                  Chapter 21.--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

           679  Sec. 2112. Presidential archival depository.
                    (a)(1) When the Archivist considers it to be in the
                public interest, the Archivist may--

    [[Page 853]]

                            (A)(i) accept, for and in the name of the United
                        States, land, a facility, and equipment offered as a
                        gift to the United States for the purpose of
                        creating a Presidential archival depository;
                            (ii) take title to the land, facility, and
                        equipment on behalf of the United States; and
                            (iii) maintain, operate, and protect the land,
                        facility, and equipment as a Presidential archival
                        depository and as part of the national archives
                        system; * * *
                    (3) Prior to accepting and taking title to any land,
                facility, or equipment under subparagraph (A) of paragraph
                (1), or prior to entering into any agreement under
                subparagraph (B) of such paragraph or any other agreement to
                accept or establish a Presidential archival depository, the
                Archivist shall submit a written report on the proposed
                Presidential archival depository to the President of the
                Senate and the Speaker of the House of Representatives. The
                report shall include--
                            (A) a description of the land, facility, and
                        equipment offered as a gift or to be made available
                        without transfer of title;
                            (B) a statement specifying the estimated total
                        cost of the proposed depository and the amount of
                        the endowment for the depository required pursuant
                        to subsection (g) of this section;
                            (C) a statement of the terms of the proposed
                        agreement, if any;
                            (D) a general description of the types of
                        papers, documents, or other historical materials
                        proposed to be deposited in the depository to be
                        created, and of the terms of the proposed deposit;
                            (E) a statement of any additional improvements
                        and equipment associated with the development and
                        operation of the depository, an estimate of the
                        costs of such improvements and equipment, and a
                        statement as to the extent to which such costs will
                        be incurred by any Federal or State government
                        agency;
                            (F) an estimate of the total annual cost to the
                        United States of maintaining, operating, and
                        protecting the depository; and
                            (G) a certification that such facility and
                        equipment (whether offered as a gift or made
                        available without transfer of title) comply with
                        standards promulgated by the Archivist pursuant to
                        paragraph (2) of this subsection.

                (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1289, Sec. 2108;
                Pub. L. 94-575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727;
                Pub. L. 95-591, Sec. 2(b)(3), Nov. 4, 1978, 92 Stat. 2528;
                renumbered Sec. 2112 and amended Pub. L. 98-497, Title I,
                Secs. 102(a)(1), 107(a)(6), Oct. 19, 1984, 98 Stat.
                2280, 2286; Pub. L. 99-323, Sec. 3, May 27, 1986, 100 Stat.
                495.)

         679.1  Sec. 2118. Records of Congress.
                    The Secretary of the Senate and the Clerk of the House
                of Representatives, acting jointly, shall obtain at the
                close of each Congress all the noncurrent records of the
                Congress and of each congressional committee and transfer
                them to the National Archives and Records Administration for
                preservation, subject to the orders of the Senate or the
                House of Representatives, respectively. (Pub. L. 90-620,
                Oct. 22, 1968, 82 Stat. 1291, Sec. 2114; renumbered and
                amended Pub. L. 98-497, Title I, Secs. 102(a)(1),
                107(a)(10), Oct. 19, 1984, 98 Stat. 2280, 2286.)

                                Cross Reference

                    The Senate provided public access to its records
                pursuant to S. Res. 474, Dec. 1, 1980. See Senate Manual
                Sec. 60.

    [[Page 854]]

                              Chapter 33.--DISPOSAL OF RECORDS

           680  Sec. 3303a. Examination by Archivist of lists and schedules
                    of records lacking preservation value; disposal of
                    records.
                    (a) The Archivist shall examine the lists and schedules
                submitted to him under section 3303 of this title. If the
                Archivist determines that any of the records listed in a
                list or schedule submitted to him do not, or will not after
                the lapse of the period specified, have sufficient
                administrative, legal, research, or other value to warrant
                their continued preservation by the Government, he may,
                after publication of notice in the Federal Register and an
                opportunity for interested persons to submit comment
                thereon--
                            (1) notify the agency to that effect; and
                            (2) empower the agency to dispose of those
                        records in accordance with regulations promulgated
                        under section 3302 of this title.
                    (b) Authorizations granted under lists and schedules
                submitted to the Archivist under section 3303 of this title,
                and schedules promulgated by the Archivist under subsection
                (d) of this section, shall be mandatory, subject to section
                2909 of this title. As between an authorization granted
                under lists and schedules submitted to the Archivist under
                section 3303 of this title and an authorization contained in
                a schedule promulgated under subsection (d) of this section,
                application of the authorization providing for the shorter
                retention period shall be required, subject to section 2909
                of this title.
                    (c) The Archivist may request advice and counsel from
                the Committee on Rules and Administration of the Senate and
                the Committee on House Administration of the House of
                Representatives with respect to the disposal of any
                particular records under this chapter whenever he considers
                that--
                            (1) those particular records may be of special
                        interest to the Congress; or
                            (2) consultation with the Congress regarding the
                        disposal of those particular records is in the
                        public interest.

                However, this subsection does not require the Archivist to
                request such advice and counsel as a regular procedure in
                the general disposal of records under this chapter.

                    (d) The Archivist shall promulgate schedules authorizing
                the disposal, after the lapse of specified periods of time,
                of records of a specified form or character common to
                several or all agencies if such records will not, at the end
                of the periods specified, have sufficient administrative,
                legal, research, or other value to warrant their further
                preservation by the United States Government. A Federal
                agency may request changes in such schedules for its records
                pursuant to section 2009 of this title.
                    (e) The Archivist may approve and effect the disposal of
                records that are in his legal custody, provided that records
                that had been in the custody of another existing agency may
                not be disposed of without the written consent of the head
                of the agency.
                    (f) The Archivist shall make an annual report to the
                Congress concerning the disposal of records under this
                chapter, including general descriptions of the types of
                records disposed of and such other information as he
                considers appropriate to keep the Congress fully informed
                regarding the disposal of records under this chapter. (Added
                Pub. L. 91-287,

    [[Page 855]]

                Sec. 1, June 23, 1970, 84 Stat. 320, and amended Pub. L. 95-
                440, Sec. 1, Oct. 10, 1978, 92 Stat. 1063; Pub. L. 98-497,
                Title I, Sec. 107(b)(24), (25)(B), Title II, Sec. 204, Oct.
                19, 1984, 98 Stat. 2290, 2294.)

                   Chapter 35.--COORDINATION OF FEDERAL INFORMATION POLICY

           681  Sec. 3501. Purposes.
                    The purposes of this chapter are to--
                            (1) minimize the paperwork burden for
                        individuals, small businesses, educational and
                        nonprofit institutions, Federal contractors, State,
                        local and tribal governments, and other persons
                        resulting from the collection of information by or
                        for the Federal Government;
                            (2) ensure the greatest possible public benefit
                        from and maximize the utility of information
                        created, collected, maintained, used, shared and
                        disseminated by or for the Federal Government;
                            (3) coordinate, integrate, and to the extent
                        practicable and appropriate, make uniform Federal
                        information resources management policies and
                        practices as a means to improve the productivity,
                        efficiency, and effectiveness of Government
                        programs, including the reduction of information
                        collection burdens on the public and the improvement
                        of service delivery to the public;
                            (4) improve the quality and use of Federal
                        information to strengthen decisionmaking,
                        accountability, and openness in Government and
                        society;
                            (5) minimize the cost to the Federal Government
                        of the creation, collection, maintenance, use,
                        dissemination, and disposition of information;
                            (6) strengthen the partnership between the
                        Federal Government and State, local, and tribal
                        governments by minimizing the burden and maximizing
                        the utility of information created, collected,
                        maintained, used, disseminated, and retained by or
                        for the Federal Government;
                            (7) provide for the dissemination of public
                        information on a timely basis, on equitable terms,
                        and in a manner that promotes the utility of the
                        information to the public and makes effective use of
                        information technology;
                            (8) ensure that the creation, collection,
                        maintenance, use, dissemination, and disposition of
                        information by or for the Federal Government is
                        consistent with applicable laws, including laws
                        relating to--

                                    (A) privacy and confidentiality,
                                including section 552a of title 5;

                                    (B) security of information, including
                                the Computer Security Act of 1987 (Public
                                Law 100-235); and

                                    (C) access to information, including
                                section 552 of title 5;

                            (9) ensure the integrity, quality, and utility
                        of the Federal statistical system;
                            (10) ensure that information technology is
                        acquired, used, and managed to improve performance
                        of agency missions, including the reduction of
                        information collection burdens on the public; and
                            (11) improve the responsibility and
                        accountability of the Office of Management and
                        Budget and all other Federal agencies to Congress
                        and to the public for implementing the information
                        collection

    [[Page 856]]

                        review process, information resources management,
                        and related policies and guidelines established
                        under this chapter.

                (Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812;
                amended Pub. L. 99-591, Title VIII, Sec. 811, Oct. 30, 1986,
                100 Stat. 3341-335; Pub. L. 104-13; May 22, 1995, 109 Stat.
                163.)

           682  Sec. 3503. Office of Information and Regulatory Affairs.
                    (a) There is established in the Office of Management and
                Budget an office to be known as the Office of Information
                and Regulatory Affairs.
                    (b) There shall be at the head of the Office an
                Administrator who shall be appointed by the President, by
                and with the advice and consent of the Senate. The Director
                shall delegate to the Administrator the authority to
                administer all functions under this chapter, except that any
                such delegation shall not relieve the Director of
                responsibility for the administration of such functions. The
                Administrator shall serve as principal adviser to the
                Director on Federal information resources management policy.
                (Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
                2814, and amended Pub. L. 99-500, Title I, Sec. 101(m),
                [Title VIII, Sec. 813(a)], Oct. 18, 1986, 100 Stat. 1783-
                336; Pub. L. 99--591, Title I, Sec. 101(m), [Title VIII,
                Sec. 813(a)], Oct. 30, 1986, 100 Stat. 3341-336; Pub. L.
                104-13; May 22, 1995, 109 Stat. 163.)
           683  Sec. 3505. Assignment of tasks and deadlines.
                    (a) In carrying out the functions under this chapter,
                the Director shall--
                            (1) in consultation with agency heads, set an
                        annual Governmentwide goal for the reduction of
                        information collection burdens by at least 10
                        percent during each of fiscal years 1996 and 1997
                        and 5 percent during each of fiscal years 1998,
                        1999, 2000, and 2001, and set annual agency goals
                        to--

                                    (A) reduce information collection
                                burdens imposed on the public that--

                                            (i) represent the maximum
                                        practicable opportunity in each
                                        agency; and

                                            (ii) are consistent with
                                        improving agency management of the
                                        process for the review of
                                        collections of information
                                        established under section 3506(c);
                                        and

                                    (B) improve information resources
                                management in ways that increase the
                                productivity, efficiency and effectiveness
                                of Federal programs, including service
                                delivery to the public;

                            (2) with selected agencies and non-Federal
                        entities on a voluntary basis, conduct pilot
                        projects to test alternative policies, practices,
                        regulations, and procedures to fulfill the purposes
                        of this chapter, particularly with regard to
                        minimizing the Federal information collection
                        burden; and
                            (3) in consultation with the Administrator of
                        General Services, the Director of the National
                        Institute of Standards and Technology, the Archivist
                        of the United States, and the Director of the Office
                        of Personnel Management, develop and maintain a
                        Governmentwide strategic plan for information
                        resources management, that shall include--

                                    (A) a description of the objectives and
                                the means by which the Federal Government
                                shall apply information resources to improve
                                agency and program performance;

    [[Page 857]]

                                    (B) plans for--

                                            (i) reducing information burdens
                                        on the public, including reducing
                                        such burdens through the elimination
                                        of duplication and meeting shared
                                        data needs with shared resources;

                                            (ii) enhancing public access to
                                        and dissemination of, information,
                                        using electronic and other formats;
                                        and

                                            (iii) meeting the information
                                        technology needs of the Federal
                                        Government in accordance with the
                                        purposes of this chapter; and

                                    (C) a description of progress in
                                applying information resources management to
                                improve agency performance and the
                                accomplishment of missions.

                            (b) For purposes of any pilot project conducted
                        under subsection (a)(2), the Director may, after
                        consultation with the agency head, waive the
                        application of any administrative directive issued
                        by an agency with which the project is conducted,
                        including any directive requiring a collection of
                        information, after giving timely notice to the
                        public and the Congress regarding the need for such
                        waiver.

                (Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
                2818; and amended Pub. L. 99-500, Title I, Sec. 101(m),
                [Title VIII, Sec. 815], Oct. 18, 1986, 100 Stat. 1783-337;
                Pub. L. 99-591, Title I, Sec. 101(m), [Title VIII,
                Sec. 815], Oct. 30, 1986, 100 Stat. 3341-337; Pub. L. 104-
                13, May 22, 1995, 109 Stat. 170.)

           684  Sec. 3514. Responsiveness to Congress.
                    (a)(1) The Director shall--
                            (A) keep the Congress and congressional
                        committees fully and currently informed of the major
                        activities under this chapter; and
                            (B) submit a report on such activities to the
                        President of the Senate and the Speaker of the House
                        of Representatives annually and at such other times
                        as the Director determines necessary.
                    (2) The Director shall include in any such report a
                description of the extent to which agencies have--
                            (A) reduced information collection burdens on
                        the public, including--

                                            (i) a summary of accomplishments
                                        and planned initiatives to reduce
                                        collection of information burdens;

                                            (ii) a list of all violations of
                                        this chapter and of any rules,
                                        guidelines, policies, and procedures
                                        issued pursuant to this chapter;

                                            (iii) a list of any increase in
                                        the collection of information
                                        burden, including the authority for
                                        each such collection; and

                                            (iv) a list of agencies that in
                                        the preceding year did not reduce
                                        information collection burdens in
                                        accordance with section 3505(a)(1),
                                        a list of the programs and statutory
                                        responsibilities of those agencies
                                        that precluded that reduction, and
                                        recommendations to assist those
                                        agencies to reduce information
                                        collection burdens in accordance
                                        with that section;

                            (B) improved the quality and utility of
                        statistical information;
                            (C) improved public access to Government
                        information; and
                            (D) improved program performance and the
                        accomplishment of agency missions through
                        information resources management.

    [[Page 858]]

                    (b) The preparation of any report required by this
                section shall be based on performance results reported by
                the agencies and shall not increase the collection of
                information burden on persons outside the Federal
                Government.

                (Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
                2823, and amended Pub. L. 99-500, Title I, Sec. 101(m),
                [Title VIII, Sec. 819], Oct. 18, 1986, 100 Stat. 1783-339;
                Pub. L. 99-591, Title I, Sec. 101(m), [Title VIII,
                Sec. 819], Oct. 30, 1986, 100 Stat. 3341-339; Pub. L. 104-
                13, May 22, 1995, 109 Stat. 181.)