[United States Senate Manual, 104th Congress]
[S. Doc. 104-1]
[USCODETITLE]
[Pages 242-581]
[From the U.S. Government Publishing Office, www.gpo.gov]
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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
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to any matter within the jurisdiction of the Senate. (Apr.
18, 1876, ch. 66, Sec. 1, 19 Stat. 34.)
213 Sec. 24. Secretary of Senate or Assistant Secretary may
administer oaths.
The Secretary of the Senate, and the Assistant Secretary
thereof, shall, respectively, have power to administer any
oath or affirmation required by law, or by the rules or
orders of the Senate, to be taken by any officer of the
Senate, and to any witness produced before it. (Apr. 18,
1876, ch. 66, Sec. 2, 19 Stat. 34; amended, Pub. L. 92-51,
Sec. 101, July 9, 1971, 85 Stat. 126.)
214 Sec. 27. Change of place of meeting.
Whenever Congress is about to convene, and from the
prevalence of contagious sickness, or the existence of other
circumstances, it would, in the opinion of the President, be
hazardous to the lives or health of the Members to meet at
the seat of Government, the President, is authorized, by
proclamation, to convene Congress at such other place as he
may judge proper. (R.S. Sec. 34.)
215 Sec. 30. Term of service of Members of Congress as trustees
or directors of corporations or institutions
appropriated for.
In all cases where Members of Congress or Senators are
appointed to represent Congress on any board of trustees or
board of directors of any corporation or institution to
which Congress makes any appropriation, the term of said
Members or Senators, as such trustee or director, shall
continue until the expiration of two months after the first
meeting of the Congress chosen next after their appointment.
(Mar. 3, 1893, ch. 199, Sec. 1, 27 Stat. 553.)
215a Sec. 30a. Jury duty exemption of elected officials of the
legislative branch
(a) Notwithstanding any other provision of Federal,
State or local law, no elected official of the legislative
branch of the United States Government shall be required to
serve on a grand or petit jury, convened by any Federal,
State or local court, whether such service is requested by
judicial summons or by some other means of compulsion.
(b) ``Elected official of the legislative branch'' shall
mean each Member of the United States House of
Representatives, the Delegates from the District of
Columbia, Guam, the American Virgin Islands, and American
Samoa, and the Resident Commissioner from Puerto Rico, and
each United States Senator. (Pub. L. 101-520, Title III,
Sec. 310. Nov. 5, 1990, 104 Stat. 2278.)
Chapter 3.--COMPENSATION OF MEMBERS
220 Sec. 31. Compensation of Members of Congress.
(1) The annual rate of pay for--
(A) each Senator, Member of the House of
Representatives, and Delegate to the House of
Representatives, and the Resident Commissioner
from Puerto Rico,
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(B) the President pro tempore of the Senate,
the Majority Leader and the Minority Leader of
the Senate, and the Majority Leader and the
Minority Leader of the House of Representatives,
and
(C) the Speaker of the House of
Representatives,
shall be the rate determined for such positions under
sections 351 to 361 of this title, as adjusted by paragraph
(2) of this section.
(2)(A) Subject to subparagraph (B), effective at the
beginning of the first applicable pay period commencing on
or after the first day of the month in which an adjustment
takes effect under section 5303 of Title 5 in the rates of
pay under the General Schedule, each annual rate referred to
in paragraph (1) shall be adjusted by an amount, rounded to
the nearest multiple of $100 (or if midway between multiples
of $100, to the next higher multiple of $100), equal to the
percentage of such annual rate which corresponds to the most
recent percentage change in the ECI (relative to the date
described in the next sentence), as determined under section
704(a)(1) of the Ethics Reform Act of 1989. The appropriate
date under this sentence is the first day of the fiscal year
in which such adjustment in the rates of pay under the
General Schedule takes effect.
(B) In no event shall the percentage adjustment taking
effect under subparagraph (A) in any calendar year (before
rounding) in any rate of pay, exceed the percentage
adjustment taking effect in such calendar year under section
5303 of title 5, United States Code, in the rates of pay
under the General Schedule. (Mar. 4, 1925, c. 549, Sec. 4,
43 Stat. 1301; May 17, 1932, c. 190, 47 Stat. 158; Aug. 2,
1946, c. 753, Title VI, Sec. 601(a), 60 Stat. 860; Jan. 19,
1949, c. 2, Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, c. 9,
Sec. 4(a), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88-426, Title
II, Sec. 204, 78 Stat. 415; Oct. 29, 1965, Pub. L. 89-301,
Sec. 11(e), 79 Stat. 1120; Dec. 16, 1967, Pub. L. 90-206,
Title II, Sec. 225(h), 81 Stat. 644; Sept. 15, 1969, Pub. L.
91-67, Sec. 2, 83 Stat. 107; Aug. 9, 1975, Pub. L. 94-82,
Title II, Sec. 204(a), 89 Stat. 421; Nov. 30, 1989, Pub. L.
101-194, Title VII, Sec. 704(a)(2)(B), 103 Stat. 1769; Nov.
5, 1990, Pub. L. 101-509, Title I, Sec. 101(b)(4)(D), 104
Stat. 1439; Oct. 13, 1994, Pub. L. 103-356, Sec. 101, 108
Stat. 3410.)
Sec. 31-1 (Repealed) (Aug. 14, 1991, Pub. L. 102-90,
Sec. 6(c), Honoraria prohibited Title V, Ethics in
Government Act of 1978 (5 U.S.C. App))
220.1 Sec. 31-2. Gifts and travel.
(a) Gifts
(1) No Member, officer, or employee of the Senate, or
the spouse or dependent thereof, shall knowingly accept,
directly or indirectly, any gift or gifts in any calendar
year aggregating more than the minimum value as established
by section 7342(a)(5) of title 5, U.S.C. or $250, whichever
is greater from any person, organization, or corporation
unless, in an unusual case, a waiver is granted by the
Select Committee on Ethics.
(2) The prohibitions of this subsection do not apply to
gifts--
(A) from relatives;
(B) with a value of $100 or less, as
adjusted under section 102(a)(2)(A) of the
Ethics in Government Act of 1978, or
(C) of personal hospitality of an
individual.
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(D) Repealed. Pub. L. 101-280,
Sec. 8(1)(A)(iii), May 4, 1990, 104 Stat. 162.
(3) For purposes of this subsection--
(A) the term ``gift'' means a payment,
subscription, advance, forbearance, rendering,
or deposit of money, services, or anything of
value, including food, lodging, transportation,
or entertainment, and reimbursement for other
than necessary expenses, unless consideration of
equal or greater value is received, but does not
include (1) a political contribution otherwise
reported as required by law, (2) a loan made in
a commercially reasonable manner (including
requirements that the loan be repaid and that a
reasonable rate of interest be paid, (3) a
bequest, inheritance, or other transfer at
death, (4) a bona fide award presented in
recognition of public service and available to
the general public, (5) a reception at which the
Member, officer, or employee is to be honored,
provided such individual receives no other gifts
that exceed the restrictions in this rule, other
than a suitable memento, (6) meals or beverages
consumed or enjoyed, provided the meals or
beverages are not consumed or enjoyed in
connection with a gift of overnight lodging, or
(7) anything of value given to a spouse or
dependent of a reporting individual by the
employer of such spouse or dependent in
recognition of the service provided by such
spouse or dependent; and
(B) the term ``relative'' has the same meaning given to
such term in section 107(2) of title I of the Ethics in
Government Act of 1978 (Pub. L. 95-521).
(4) If a Member, officer, or employee, after exercising
reasonable diligence to obtain the information necessary to
comply with this rule, unknowingly accepts a gift described
in paragraph (1) such Member, officer, or employee shall,
upon learning of the nature of the gift and its source,
return the gift or, if it is not possible to return the
gift, reimburse the donor for the value of the gift.
(5)(A) Notwithstanding the provisions of this
subsection, a Member, officer, or employee of the Senate may
participate in a program, the principle objective of which
is educational, sponsored by a foreign government or a
foreign educational or charitable organization involving
travel to a foreign country paid for by that foreign
government or organization if such participation is not in
violation of any law and if the select Committee on Ethics
has determined that participation in such program by
Members, officers, or employees of the Senate is in the
interests of the Senate and the United States.
(B) Any Member who accepts an invitation to participate
in any such program shall notify the Select Committee in
writing of his acceptance. A Member shall also notify the
Select Committee in writing whenever he has permitted any
officer or employee whom he supervises to participate in any
such program. The chairman of the Select Committee shall
place in the Congressional Record a list of all individuals,
participating, the supervisors of such individuals where
applicable; and the nature and itinerary of such program.
(C) No Member, officer, or employee may accept funds in
connection with participation in a program permitted under
subparagraph (A) if such funds are not used for necessary
food, lodging, transportation, and related expenses of the
Member, officer, or employee.
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(b) Limits on domestic and foreign travel by members and
staff of the Senate.
The term ``necessary expenses,'' with respect to limits
on domestic and foreign travel by Members and staff of the
Senate, means reasonable expenses for food, lodging, or
transportation, which are incurred by a Member, officer, or
employee of the Senate in connection with services provided
to (or participation in an event sponsored by) the
organization which provides reimbursement for such expenses
or which provides the food, lodging, or transportation
directly. Necessary expenses do not include the provision of
food, lodging, or transportation, or the payment for such
expenses, for a continuous period in excess of 3 days
exclusive of travel time within the United States or 7 days
exclusive of travel time outside of the United States unless
such travel is approved by the Committee on Ethics as
necessary for participation in a conference, seminar,
meeting or similar matter. Necessary expenses do not include
the provision of food, lodging, or transportation, or the
payment for such expenses, for anyone accompanying a Member,
officer, or employee of the Senate, other than the spouse or
child of such Member, officer, or employee of the Senate or
one Senate employee acting as an aide to a Member. (Pub. L.
101-194, Title IX, Sec. 901, Nov. 30, 1989, 103 Stat. 1778;
amended Pub. L. 101-280, Sec. 8, May 4, 1990, 104 Stat. 162;
Pub. L. 102-90, Sec. 314, Aug. 14, 1991, 105 Stat. 469).
220.5 Sec. 31a-1. Expense allowance of Majority and Minority
Leaders of Senate; expense allowance of Majority and
Minority Whips; methods of payment; taxability.
Effective fiscal year 1978 and each fiscal year
thereafter, the expense allowances of the Majority and
Minority Leaders of the Senate are increased to $10,000 each
fiscal year for each leader: Provided, That, effective with
the fiscal year 1983 and each fiscal year thereafter, the
expense allowance for the Majority and Minority Whips of the
Senate which shall not exceed $5,000 each fiscal year for
each Whip: Provided further, That, during the period
beginning on January 3, 1977, and ending September 30, 1977,
and during each fiscal year thereafter, the Vice President,
the Majority Leader, the Minority Leader, the Majority Whip,
and the Minority Whip may receive the expense allowance (a)
as reimbursement for actual expenses incurred upon
certification and documentation of such expenses by the Vice
President, the respective Leader or the respective Whip, or
(b) in equal monthly payments: Provided further, That
effective January 3, 1977, the amounts paid to the Vice
President, the Majority or Minority Leader of the Senate, or
the Majority or Minority Whip of the Senate as reimbursement
of actual expenses incurred upon certification and
documentation pursuant to the second proviso of this
section, shall not be reported as income, and the expenses
so reimbursed shall not be allowed as a deduction, under
title 26. (Pub. L. 95-26, title I, Sec. 100, May 4, 1977, 91
Stat. 79; Pub. L. 95-94, title I, Sec. 109, Aug. 5, 1977, 91
Stat. 661; Pub. L. 95-355, title I, Sec. 100, Sept. 8, 1978,
92 Stat. 532; Pub. L. 98-63, title I, Sec. 101, July 30,
1983, 97 Stat. 333; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095.)
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220.6 Sec. 31a-2. Representation Allowance Account for the
Majority and Minority Leaders.
(a) Establishment within Senate; purpose.
There is hereby established an account, within the
Senate, to be known as the ``Representation Allowance
Account for the Majority and Minority Leaders''. Such
Allowance Account shall be used by the Majority and Minority
Leaders of the Senate to assist them properly to discharge
their appropriate responsibilities in the United States to
members of foreign legislative bodies and prominent
officials of foreign governments and intergovernmental
organizations.
(b) Payments; allotment; reimbursement for actual expenses;
taxability.
Payments authorized to be made under this section shall
be paid by the Secretary of the Senate. Of the funds
available for expenditure from such Allowance Account for
any fiscal year, one-half shall be allotted to the Majority
Leader and one-half shall be allotted to the Minority
Leader. Amounts paid from such Allowance Account to the
Majority or Minority Leader shall be paid to him from his
allotment and shall be paid to him only as reimbursement for
actual expenses incurred by him and upon certification and
documentation of such expenses. Amounts paid to the Majority
or Minority leader pursuant to this section shall not be
reported as income and shall not be allowed as a deduction
under Title 26.
(c) Authorization of appropriations.
There are authorized to be appropriated for each fiscal
year (commencing with the fiscal year ending September 30,
1985) not more than $20,000 to the Allowance Account
established by this section. (Aug. 15, 1985, Pub. L. 99-88,
Sec. 197, 99 Stat. 350.)
220.7 Sec. 31a-2a. Administrative provisions.
(a) The Secretary of the Senate shall, upon the written
request of the Majority or Minority Leader of the Senate,
transfer from any available funds in such Leader's allotment
in the Leader's Representation Allowance (as defined in
subsection (b)(1)) for any fiscal year (commencing with the
fiscal year ending September 30, 1985) to such Leader's
Expense Allowance (as defined in subsection (b)(2)) to such
year such amount as is specified in the request. Any funds
so transferred for any fiscal year at the request of either
such Leader shall be available to such Leader for such year
for the same purposes as, and in like manner and subject to
the same conditions as, are other funds which are available
to him for such year as his expense allowance as Majority or
Minority Leader.
(b)(1) The term ``Leader's Representation Allowance''
means the Representation Allowance Account for the Majority
and Minority Leaders established by section 197 of Public
Law 99-88 (2 U.S.C. 31a-2).
(2) The term ``Leader's Expense Allowance'', when used
in reference to the Majority or Minority Leader of the
Senate, refers to the moneys available, for any fiscal year,
to such Leader as an expense allowance and the appropriation
account from which such moneys are funded. (July 11, 1987,
Pub. L. 100-71, Sec. 1, 101 Stat. 422, 423.)
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220.7a Sec. 31a-2b Transfers among accounts.
(a) Upon the written request of the Majority or Minority
Leader of the Senate, the Secretary of the Senate shall
transfer during any fiscal year, from the appropriations
account appropriated under the headings ``Salaries, Officers
and Employees'' and ``Offices of the Majority and Minority
Leaders,'' such amount as either Leader shall specify to the
appropriations account, within the contingent fund of the
Senate, ``Miscellaneous Items''.
(b) The Majority and Minority Leaders of the Senate are
each authorized to incur such expenses as may be necessary
or appropriate. Expenses incurred by either such leader
shall be paid from the amount transferred pursuant to
subsection (a) by such leader and upon vouchers approved by
such leader.
(c) The Secretary of the Senate is authorized to advance
such sums as may be necessary to defray expenses incurred in
carrying out subsections (a) and (b). (Pub. L. 102-27, April
10, 1991, 105 Stat. 144.)
220.8 Sec. 31a-3. Expense allowance for Chairmen of Majority and
Minority Conference Committees; method of payment;
taxability.
For each fiscal year (commencing with the fiscal year
ending September 30, 1985), there is hereby authorized an
expense allowance for the Chairmen of the Majority and
Minority Conference Comittees which shall not exceed $3,000
each fiscal year for each such Chairman; and amounts from
such allowance shall be paid to either of such Chairmen only
as reimbursement for actual expenses incurred by him and
upon certification and documentation of such expenses, and
amounts so paid shall not be reported as income and shall
not be allowed as a deduction under Title 26. (Aug. 15,
1985, Pub. L. 99-88, Sec. 100, 99 Stat. 348.)
222 Sec. 32. Compensation of President Pro Tempore of Senate.
Whenever there is no Vice President, the President of
the Senate for the time being is entitled to the
compensation provided by law for the Vice President. (R.S.
Sec. 36.)
Cross References
Compensation of Vice President, see section 104 of title
3, United States Code, relating to the President (Senate
Manual section 421).
Mileage of President of Senate, see section 43a of this
title (Senate Manual section 233).
222.5 Sec. 32a. Compensation of Deputy President pro tempore of
Senate.
Effective January 5, 1977, the compensation of a Deputy
President pro tempore of the Senate shall be at a rate equal
to the rate of annual compensation of the President pro
tempore and the Majority and Minority Leaders of the Senate.
(May 4, 1977, Pub. L. 95-26, Title I, Sec. 100, 91 Stat.
79.)
Note
See Senate Manual section 79.7. The Senate may designate
any Member to hold the Office of Deputy President pro
tempore of the Senate. Such person is authorized to appoint
and fix the compensation of such employees as he deems
appropriate, but the gross compensation to such employees
shall not exceed $90,000 for any fiscal year.
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222.6 Sec. 32b. Expense allowance of President Pro Tempore of
Senate; methods of payment; taxability.
Effective with fiscal year 1978 and each fiscal year
thereafter, there is hereby authorized an expense allowance
for the President Pro Tempore which shall not exceed $10,000
each fiscal year. The President Pro Tempore may receive the
expense allowance (1) as reimbursement for actual expenses
incurred upon certification and documentation of such
expenses by the President Pro Tempore, or (2) in equal
monthly payments. Such amounts paid to the President Pro
Tempore as reimbursement of actual expenses incurred upon
certification and documentation pursuant to this provision,
shall not be reported as income, and the expenses so
reimbursed shall not be allowed as a deduction, under the
Internal Revenue Code of 1986. (Sept. 8, 1978, Pub. L. 95-
355, Title I, Sec. 100, 92 Stat. 532.)
223
Sec. 33. Senators' salaries
Senators elected, whose term of office begins on the 3d
day of January, and whose credentials in due form of law
shall have been presented in the Senate, may receive their
compensation from the beginning of their term. (June 19,
1934, ch. 648, title I, Sec. 1, 48 Stat. 1022; Oct. 1, 1981,
Pub. L. 97-51, Sec. 112(b)(2), 95 Stat. 963.)
224 Sec. 36. Salaries of Senators.
Salaries of Senators appointed to fill vacancies in the
Senate shall commence on the day of their appointment and
continue until their successors are elected and qualified:
Provided, That when Senators have been elected during a sine
die adjournment of the Senate to succeed appointees, the
salaries of Senators so elected shall commence on the day
following their election.
Salaries of Senators elected during a session to succeed
appointees shall commence on the day they qualify: Provided,
That when Senators have been elected during a session to
succeed appointees, but have not qualified, the salaries of
Senators so elected shall commence on the day following the
sine die adjournment of the Senate.
When no appointments have been made the salaries of
Senators elected to fill such vacancies shall commence on
the day following their election. (Feb. 13, 1935, ch. 6,
Sec. 1, 49 Stat. 22, 23.)
Similar Provisions
1894--July 31, 1894, ch. 174, 28 Stat. 162.
1873--R.S. Sec. 51.
225 Constitutional Provisions
The first section of amendment XX to the Constitution
provides in part: ``* * * the terms of Senators and
Representatives [shall end] at noon on the 3d day of
January, of the years in which such terms would have ended
if this article had not been ratified; and the terms of
their successors shall then begin.''
226 Sec. 36a. Payment of sums due deceased Senators and Senate
personnel.
Under regulations prescribed by the Secretary of the
Senate, a person serving as a Senator or officer or employee
whose compensation is disbursed by the Secretary of the
Senate may designate a beneficiary or beneficiaries to be
paid any unpaid balance of salary or other sums
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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.)