[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,

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            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

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                        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.

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            (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.)