    [United States Senate Manual, 106th Congress]
    [S. Doc. 106-1]
    [USCODETITLE]
    [Pages 246-602]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 246]]

                                   TITLE 2.--THE CONGRESS

                    Chapter 1.--ELECTION OF SENATORS AND REPRESENTATIVES

           205
           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
         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
           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
           207  Sec. 1b. Same; countersignature by secretary of state.
                    The certificate mentioned in section la of this title
                shall be countersigned by the secretary of state of the
                State. (R.S. Sec. 19.)

                            Chapter 2.--ORGANIZATION OF CONGRESS

           210
           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
           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
           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
           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. 125.)
           214
           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
           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
          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 AND ALLOWANCES OF MEMBERS

           220
           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,
                                (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

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                                (C) the Speaker of the House of
                            Representatives,

                shall be the rate determined for such positions under
                chapter 11 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, ch. 549, Sec. 4,
                43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158; Aug. 2,
                1946, ch. 753, Title VI, Sec. 601(a), 60 Stat. 850; Jan. 19,
                1949, ch. 2, Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 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
         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 minimal 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.
                                (D) Repealed. Pub. L. 101-280,
                            Sec. 8(l)(A)(iii), May 4, 1990, 104 Stat. 162.
                    (3) For purposes of this subsection--

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                                (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 principal 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.
                (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

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                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, Title III Sec. 314(c), Aug. 14, 1991, 105
                Stat. 470.)
         220.5
         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 of 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.)
         220.6
         220.6  Sec. 31a-2. Representation Allowance Account for the
                    Majority and Minority Leaders of Senate.
                (a) Establishment; 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 dis

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                charge 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,
                Title I, Sec. 197, 99 Stat. 350.)
         220.7
         220.7  Sec. 31a-2a. Transfer of funds from representation allowance
                    of Majority and Minority Leaders of Senate to expense
                    allowance; availability; definitions.
                    (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) of this section) 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) of this section) 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 31a-2 of this
                title.
                    (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, Title I, Sec. 1, 101 Stat. 422, 423.)
        220.7a
        220.7a  Sec. 31a-2b Transfer of funds from appropriations account of
                    Majority and Minority Leaders of Senate to
                    appropriations account for ``Miscellaneous Items''
                    within Senate contingent fund.
                    (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

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                ``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) of this section. (Pub.
                L. 102-27, Apr. 10, 1991, 105 Stat. 144.)
         220.8
         220.8  Sec. 31a-3. Expense allowance for Chairmen of Majority and
                    Minority Conference Committees of Senate; 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 Committees 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, Title I, 99 Stat. 348.)
           222
           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).
         222.5
         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.
         222.6
         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 Tem

    [[Page 253]]

                pore 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 title 26. (Sept. 8, 1978,
                Pub. L. 95-355, Title I, Sec. 100, 92 Stat. 532; Oct. 22,
                1986, Pub. L. 99-514, Sec. 2, 100 Stat. 2095.)
           223
           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
           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.)
           225
           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
           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 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.)

    [[Page 254]]

           227
           227  Sec. 39. Deductions for absence.
                    The Secretary of the Senate and the Chief Administrative
                Officer of the House of Representatives (upon certification
                by the Clerk of the House of Representatives), 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; Aug. 20, 1996, Pub. L. 104-186, Title II, Sec. 203(7),
                110 Stat. 1726.)
           228
           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
           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 of the
                activity under which such debt arose, shall certify such
                delinquent sum or sums to the Chief Administrative Officer
                of the House of Representatives 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 Chief
                Administrative Officer of the House of Representatives shall
                be disposed of by him in accordance with existing law. (June
                19, 1934, ch. 648, Title I, Sec. 1, 48 Stat. 1024; Aug. 20,
                1996, Pub. L. 104-186, Title II, Sec. 203(8), 110 Stat.
                1726.)
           231
           231  Sec. 42a. Special delivery postage allowance 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. (Pub. L. 97-51,
                Sec. 127(a)(1), 95 Stat. 965.)

    [[Page 255]]

           234
           234  Sec. 43d. Organizational expenses of Senator-elect.
                (a) Appointment of employees by Secretary of Senate to
                    assist; termination of employment
                    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) Payment of salaries of appointed employees; funding;
                    maximum amount
                    (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 allowance which
                may be paid as of the close of such month under section 61-
                1(d)(1)(B) of this title exceeds the aggregate amount of his
                clerk-hire allowance actually paid as of the close of such
                month.
                (c) Payment of transportation and per diem expenses of
                    Senator-elect and appointed employees for one round trip
                    from home State to Washington, D.C. for business of
                    impending Congress; funding; maximum amount
                    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 than seven days while en
                route to and from Washington, D.C., and while in Washington,
                D.C. Such transportation and per diem expenses shall be in
                the same amounts as are payable to Senators and employees in
                the office of a Senator under section 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.

    [[Page 256]]

                (d) Payment of telegrams, telephone services, and stationery
                    expenses
                    (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 month exceeds the aggregate amount actually paid under
                such section 58 as of the close of such month.
                (e) Effective date
                    This section shall take effect on October 1, 1978.

                (Pub. L. 95-355, Title I, Sec. 105, Sept. 8, 1978, 92 Stat.
                534; Pub. L. 104-197, Title I, Sec. 2, Sept. 16, 1996, 110
                Stat. 2397.)

           236
           236  Sec. 46a. Stationery allowance for President of the Senate.
                    Effective April 1, 1975, and each fiscal year
                thereafter, the annual allowance for stationery for the
                President of the Senate shall be $4,500. (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(k)(3), 86 Stat. 1508;
                June 12, 1975, Pub. L. 94-32, Title I, Sec. 101, 89 Stat.
                182.)
           237
           237  Sec. 46a.-1. Senate 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 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

    [[Page 257]]

                or waiver of entitlement thereto, shall be withdrawn from
                the revolving fund. Disbursements from the fund shall be
                made upon vouchers approved by the Secretary of the Senate,
                or his designee. (June 21, 1957, Pub. L. 85-58, Sec. 1101,
                71 Stat. 188; Oct. 31, 1972, Pub. L. 92-607, Sec. 506(1), 86
                Stat. 1508; July 8, 1980, Pub. L. 96-304, Sec. 112(b)(3), 94
                Stat. 889, 892; Oct. 7, 1997, Pub. L. 105-55, Title I,
                Sec. 7, 111 Stat. 1181.)
           240
           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
           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
           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. Sec. Sec. 47, 48.)
           245
           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 United States Code Service.

                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.)

    [[Page 258]]

           246
           246  Sec. 58. Mail, telegraph, telephone, stationery, office
                    supplies, and home state office and travel expenses for
                    Senators.

         246.1
         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)(A) Repealed. (Pub. L. 101-520, Title I,
                            Sec. 11, Nov. 5, 1990, 104 Stat. 2260.)
                                (B) postage on, and fees and charges in
                            connection with official mail matter sent
                            through the mail other than the franking
                            privilege upon certification by the Senate
                            Sergeant at Arms and subject to such regulations
                            as may be promulgated by the Committee on Rules
                            and Administration, and
                                (C) 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;
                                (5) expenses incurred for publications
                            printed or recorded in any way for auditory and
                            visual use (including subscriptions to books,
                            newspapers, magazines, clipping, 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.

    [[Page 259]]

         246.2
         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 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 exclusion)
                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--

    [[Page 260]]

                                (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)--

                                    (I) in case the Senator represents
                                Alabama, $116,300, Alaska, $221,600,
                                Arizona, $128,975, Arkansas, $118,250,
                                California, $168,950, Colorado, $124,100,
                                Connecticut, $105,575, Delaware, $95,825,
                                Florida, $120,200, Georgia, $116,300,
                                Hawaii, $245,000, Idaho, $128,000, Illinois,
                                $138,725, Indiana, $116,300, Iowa, $119,225,
                                Kansas, $119,225, Kentucky, $115,325,
                                Louisiana, $120,200, Maine, $110,450,
                                Maryland, $100,700, Massachusetts, $114,350,
                                Michigan $124,100, Minnesota, $120,200,
                                Mississippi, $118,250, Missouri, $121,175,
                                Montana, $128,000, Nebraska, $120,200,
                                Nevada, $129,950, New Hampshire, $106,550,
                                New Jersey, $110,450, New Mexico, $125,075,
                                New York, $145,550, North Carolina,
                                $112,400, North Dakota, $119,225, Ohio,
                                $129,950, Oklahoma, $123,125, Oregon,
                                $132,875, Pennsylvania, $128,975, Rhode
                                Island, $104,600, South Carolina, $110,450,
                                South Dakota, $120,200, Tennessee, $116,300,
                                Texas, $149,450, Utah, $128,000, Vermont,
                                $105,575, Virginia, $106,550, Washington,
                                $135,800, West Virginia, $105,575,
                                Wisconsin, $119,225, Wyoming, $123,125, plus

                                    (II) the amount that is equal to the
                                Senator's share for the fiscal year, as
                                determined in accordance with regulations of
                                the Committee on Rules and Administration,
                                of the amount made available within the
                                Senators' Official Personnel and Office
                                Expense Account in the contingent fund of
                                the Senate for official mail expenses of
                                Senators, 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 year, that part of
                the amount referred to in subparagraph (A)(iii)(I) 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; and the amount referred to in
                subparagraph (A)(iii)(II) shall be recalculated in
                accordance with regulations of the Committee on Rules and
                Administration.

    [[Page 261]]

                (c) Repealed. (Pub. L. 97-51, Sec. 122, Oct. 1, 1981, 95
                    Stat. 965.)
                (d) Repealed. (Pub. L. 93-371, Sec. 101(3)(e), Aug. 13,
                    1974, 88 Stat. 429

         246.3
         246.3  (e) Transportation, essential travel-related expenses, and
                    per diem expenses; coverage; limitations; amounts \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) Omitted.

         246.4
         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
         246.5  (h) Individuals serving on panels or other bodies
                    recommending nominees for Federal judgeships, service
                    academies, United States Attorneys, or United States
                    Marshalls
                    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 or one or more positions of United States Attorney
                or United States Marshall shall be considered to be an
                employee in the office of that Senator with respect to
                travel and official expenses incurred in performing duties
                as a member of such panel or other body, and shall be
                reimbursed (A) for actual transpor

    [[Page 262]]

                tation 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
         246.7  (j) Advances from contingent fund of the Senate for travel
                    expenses for official business trips; vouchers;
                    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)-(j), 86 Stat. 1505;
                amended Aug. 13, 1974, Pub. L. 93-371, Sec. (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, 14, 102 Stat. 2162; 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.

    [[Page 263]]

                2258, 2259, 2260, 2280; Pub. L. 102-90, Sec. 7(a), Aug. 14,
                1991, 105 Stat. 451; Pub. L. 105-55, Title I, Sec. 3(a),
                Oct. 7, 1997, 111 Stat. 1180; Pub. L. 105-275, Title I,
                Sec. 1, Oct. 21, 1998, 112 Stat. 2432; Pub. L. 106-57, Title
                I, Sec. 1(a), (b), Sept. 29, 1999, 113 Stat. 410, 411.)
         246.8
         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, 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. Certification of telecommunications equipment
                    and services as official.
                    (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 sections 58-1 to 58a-3 of this
                title, telephone equipment and services provided to any user
                for which payment, prior to October 1, 1987, was not
                authorized from the contingent fund of the Senate shall, on
                and after October 1, 1987, 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

    [[Page 264]]

                or damage to such services or equipment for which repair or
                replacement 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 sections 58a-1 to 58a-3 of this title
                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 on telecommunications to Committee on
                    Rules and Administration.
                    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 sections 58a-1 to 58a-3 of this title. 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, Sec. 3, 101 Stat. 795.)
         246.9
         246.9  Sec. 58a-4. Metered charges on copiers; ``Sergeant at Arms''
                    and ``user'' defined; certification of services and
                    equipment as official; deposit of payments; availability
                    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 on and after
                November 5, 1990, 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 265]]

                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, Pub. L. 100-137,
                    Sec. 2, 101 Stat. 819.)

        246.10
        246.10  Sec. 58c. Senators' Official Personnel and Office Expense
                    Account.
                    (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 266]]

                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.
                    (6) Effective on and after October 1, 1997 the Senator's
                account shall be available for the payment of franked mail
                expenses of Senators.

                (Oct. 21, 1987, Pub. L. 100-137, Sec. 1(a), 101 Stat. 814,
                815; Pub. L. 105-55 Title I, Sec. 3(b), Oct. 7, 1997, 111
                Stat. 1180.)

        246.11
        246.11  Sec. 58c-1. Repealed. (Public Law 105-55, Title I,
                    Sec. 3(c)(1), Oct. 7, 1997, 111 Stat. 1180)

           247
           247  Sec. 59. Home State office space for Senators; lease of
                    office space.

         247.1
         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 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
         247.2  (b) Maximum amount of aggregate square feet for each Senator
                    The aggregate square feet of office space secured for
                Senator shall not at any time exceed--
                                (1) 5,000 square feet if the population of
                            the State of the Senator is less than 3,000,000;
                                (2) 5,200 square feet if such population is
                            3,000,000 but less than 4,000,000;
                                (3) 5,400 square feet if such population is
                            4,000,000 but less than 5,000,000;
                                (4) 5,800 square feet if such population is
                            5,000,000 but less than 7,000,000;
                                (5) 6,200 square feet if such population is
                            7,000,000 but less than 9,000,000;
                                (6) 6,400 square feet if such population is
                            9,000,000 but less than 10,000,000;

    [[Page 267]]

                                (7) 6,600 square feet if such population is
                            10,000,000 but less than 11,000,000;
                                (8) 6,800 square feet if such population is
                            11,000,000 but less than 12,000,000;
                                (9) 7,000 square feet if such population is
                            12,000,000 but less than 13,000,000;
                                (10) 7,400 square feet if such population is
                            13,000,000 but less than 15,000,000;
                                (11) 7,800 square feet if such population is
                            15,000,000 but less than 17,000,000; or
                                (12) 8,200 square feet if such population is
                            17,000,000 or more.
         247.3
         247.3  (c) Maximum annual rental rate; maximum aggregate amount for
                    acquisition of furniture, equipment, and other office
                    furnishings
                    (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 $40,000 if the aggregate square feet of office
                space is not in excess of 5,000 square feet. Such amount is
                increased by $1,000 for each authorized additional
                incremental increase in office space of 200 square feet.
                Effective beginning with the 106th Congress, the aggregate
                amount in effect under this paragraph for any Congress shall
                be increased by the inflation adjustment factor for the
                calendar year in which the Congress begins. For purposes of
                the preceding sentence, the inflation adjustment factor for
                any calendar year is a fraction the numerator of which is
                the implicit price deflator for the gross domestic product
                as computed and published by the Department of Commerce for
                the preceding calendar year and the denominator of which is
                such deflator for the calendar year 1998.
         247.4
         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 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

    [[Page 268]]

                                (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.
         247.5
         247.5  (e) Omitted.

         247.6
         247.6  (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 section
                reduced by the number of square feet contained in offices
                secured for that Senator under subsection (a) of this
                section 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 STATED
                                                    GOVERNMENT VEHICLE

                                                    ``FOR OFFICIAL USE
                                                    ONLY'';

                                             Or

                                                    ``MOBILE OFFICE OF
                                                    SENATOR--------

                                                    ``FOR OFFICIAL USE ONLY'

                                (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.
         247.7
         247.7  (g) Effective date
                    This section is effective on and after July 1, 1974.
                (Pub. L. 93-371, Sec. 3, Aug. 13, 1974, 88 Stat. 428; Pub.
                L. 94-32, Title I, Sec. 4, June 12, 1975, 89 Stat. 183; Pub.
                L. 94-59, Title I, Sec. Sec. 106(a), 107, July 25, 1975, 89
                Stat. 276; Pub. L. 95-26, Title I, Sec. 105, May 4, 1977, 91
                Stat.

    [[Page 269]]

                83; Pub. L. 95-94, Title I, Sec. 112(d), Aug. 5, 1977, 91
                Stat. 664; Pub. L. 96-304, Title I, Sec. 109, July 8, 1980,
                94 Stat. 890; Pub. L. 99-88, Title I, Sec. 194, Aug. 15,
                1985, 99 Stat. 349; Pub. L. 102-27, Title II, Apr. 10, 1991,
                105 Stat. 144; Pub. L. 102-90, Title I, Sec. 7(b), Aug. 14,
                1991, 105 Stat. 451; Pub. L. 104-197, Title I, Sec. 3, Sept.
                16, 1996, 110 Stat. 2397; Pub. L. 106-57, Title I, Sec. 3,
                Sept. 29, 1999, 113 Stat. 411.)
         247.8
         247.8  Sec. 59-1. Additional home State office space for Senators;
                    declaration of disaster or emergency.
                    (a) Notwithstanding any other provision of law or
                regulation, with the approval of the Committee on Rules and
                Administration of the Senate, the Sergeant at Arms and
                Doorkeeper of the Senate is authorized to provide additional
                facilities, services, equipment, and office space for use by
                a Senator in that Senator's State in connection with a
                disaster or emergency declared by the President under the
                Robert T. Stafford Disaster Relief and Emergency Assistance
                Act [42 U.S.C.A. Sec. 5121 et seq.]. Expenses incurred by
                the Sergeant at Arms and Doorkeeper of the Senate under this
                section shall be paid from the appropriation account, within
                the contingent fund of the Senate, for expenses of the
                Office of the Sergeant at Arms and Doorkeeper of the Senate,
                upon vouchers signed by the Sergeant at Arms and Doorkeeper
                of the Senate with the approval of the Committee on Rules
                and Administration of the Senate.
                    (b) This section is effective on and after June 12,
                1997.

                (Pub. L. 105-18, Title II, Sec. 7002, June 12, 1997, 111
                Stat. 192.)

           248
           248  Sec. 59b. Purchase of office equipment or furnishings by
                    Senators.

         248.1
         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
         248.2  (b) Request 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
         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

    [[Page 270]]

                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 entitled to use the
                congressional frank may be expended only in accordance with
                regulations prescribed by the Committee on Rules and
                Administration of the Senate or the Committee on House
                Oversight of the House of Representatives, as applicable.
                Such regulations shall require--
                                (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 Chief
                            Administrative Officer 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 Oversight of the House of
                            Representatives and the House Commission on
                            Congressional Mailing Standards) of costs
                            incurred for official mail by 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 Oversight 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)(A) of this section as to the amount that
                            has been used and any person with an allocation
                            under subsection (a)(2)(B) 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) 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--

    [[Page 271]]

                                (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.
                (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
                    (1) The use of funds of the House of Representatives
                which are made available for official mail of Members,
                officers, and employees of the House of Representatives who
                are persons entitled to use the congressional frank shall be
                governed by regulations promulgated--
                                (A) by the Committee on House Oversight of
                            the House of Representatives, with respect to
                            allocation and expenditures relating to official
                            mail (except as provided in subparagraph (B));
                            and
                                (B) by the House Commission on Congressional
                            Mailing Standards, with respect to matters under
                            section 3210(a)(6)(D) of title 39.
                    (2) Funds used for official mail--
                                (A) 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;
                                (B) 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) of this
                            seciton 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
                (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

    [[Page 272]]

                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, Nov. 5, 1990, 104
                Stat. 2278; Pub. L. 102-229, Title II, Sec. 211, Dec. 12,
                1991, 105 Stat. 1718; Pub. L. 104-186, Title II,
                Sec. 203(22), Aug. 20, 1996, 110 Stat. 1728; Pub. L. 105-
                275, Title I, Sec. 104, Oct. 21, 1998, 112 Stat. 2439; Pub.
                L. 106-19, Sec. 1(a), Apr. 8, 1999, 113 Stat. 29; Pub. L.
                106-57, Title I, Sec. 102, 103(a)(1)-(3), (4)(B), Sept. 29,
                1999, 113 Stat. 415.)

         248.7
         248.7  Sec. 59f. Mass mailings by Senate offices; quarterly
                    statements; publication 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 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

    [[Page 273]]

                III, Sec. 318, Nov. 5, 1990, 104 Stat. 2283; July 22, 1994,
                Pub. L. 103-283, Sec. 3(b), 108 Stat. 1427.)
         248.8
         248.8  Sec. 59g. Mass mailing of information under frank; quarterly
                    registration of Senators with Secretary of Senate.
                    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
           249  Sec. 60-1. Authority of officers of the Congress over
                    Congressional employees.
                (a) Qualifications determinations; removal and discipline.
                    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) ``Officer of the Congress'' defined.
                    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.)
         249.1
         249.1  Sec. 60-2. Amendment to Senate conflict of interest rule.\1\
                    \1\ See Standing Rule XXXVII.
                    (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.
                    (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

    [[Page 274]]

                with the Select Committee. (Pub. L. 101-194, Title IX,
                Sec. 903, Nov. 30, 1989, 103 Stat. 1781.)
         249.5
         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 and adjust the rates of such
                personnel by such amounts as necessary to restore the same
                pay relationships that existed on December 31, 1986, between
                personnel and Senators and between positions. 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
                5303 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.
                    (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
         249.6  Sec. 60a-1a. Rates of compensation paid 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

    [[Page 275]]

                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
         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
           250  Sec. 60c-1. Vice President, Senators, officers, and
                    employees paid by Secretary of Senate; payment of
                    salary; advance payment.
                    The compensation of the Vice President, 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) [Repealed]
                                (2) 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
                                (3) 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
                            this section.
                    For purposes of the title 26 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 be considered to have been
                made on the last day of the preceding month. (Apr. 20, 1960,
                P.L. 86-426, Sec. 1, 74 Stat. 53; Oct. 11, 1971, Pub. L. 92-
                136, Sec. 6, 85 Stat. 378; July 25, 1979, Pub. L. 96-38,
                Sec. 108(a), 93 Stat. 113; Oct. 1, 1981, Pub. L. 97-51,
                Secs. 111(a), 112(a), 95 Stat. 962; Sept. 10, 1982, Pub. L.
                97-257, Title I, Ch. X, Sec. 105(a), 96 Stat. 849; Pub. L.
                99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
                Sec. 60c-2. Salary deposit in financial organizations.
                    Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96
                    Stat. 1068.
                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 compensa

    [[Page 276]]

                tion 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
         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
           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;

                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.

    [[Page 277]]

                (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 withholdings 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.
                (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.

    [[Page 278]]

                (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. 2, 88 Stat.
                427.)
         251.1
         251.1  Sec. 60c-4. Withholding of charitable contributions from
                    salaries paid 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 Director of the Office of
                Personnel Management 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,
                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.

    [[Page 279]]

                (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 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 $482 for (A) each year of
                creditable service performed for the first five years and
                (B) each two years of creditable service performed during
                the twenty-year period following the first five years.
                    (2) The amount of longevity compensation which may be
                paid to an employee, when added to his regular annual
                compensation, shall not exceed the maximum annual
                compensation which may be paid to Senate employees generally
                as prescribed by law or orders of the President pro tempore
                issued under authority of section 60a-1 of this title.

    [[Page 280]]

                    (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 therefor 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.)
         251.2
         251.2  Sec. 60j-1. Capitol Police longevity compensation.
                    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.

    [[Page 281]]

         251.3
         251.3  Sec. 60j-2. Longevity compensation for telephone operators
                    on United States telephone exchange and members of
                    Capitol Police paid by Chief Administrative Officer of
                    House.
                    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 Chief Administrative
                Officer of the House of Representatives in the same manner
                and to the same extent as such provisions apply to
                individuals whose compensation is disbursed by the Secretary
                of the Senate. For purposes of so applying such subsections,
                creditable service shall include service performed as an
                employee of the United States Capitol telephone exchange or
                a member of the Capitol Police whether compensation therefor
                is disbursed by the Chief Administrative Officer of the
                House of Representatives or the Secretary of the Senate.
                (Pub. L. 95-391, Title III, Sec. 310, Sept. 30, 1978, 92
                Stat. 790; Pub. L. 104-186, Title II, Sec. 204(8), Aug. 20,
                1996, 110 Stat. 1731.)
                Sec. 60j-3. Repealed. (Pub. L. 97-276, Sec. 101(e), Oct. 2,
                    1982, 96 Stat. 1189)

         251.5
         251.5  Sec. 60j-4. Longevity compensation not applicable to
                    individuals paid by Secretary of Senate; savings
                    provision.
                    Section 60j of this title on or after October 1, 1983
                shall not apply to any individual whose pay is disbursed by
                the Secretary of the Senate; except that, any individual who
                prior to such date was entitled to longevity compensation
                under such section on the basis of service performed prior
                to such date shall continue to be entitled to such
                compensation, but no individual shall accrue any longevity
                compensation on the basis of service performed on or after
                such date. (July 14, 1983, Pub. L. 98-51, Sec. 107, 97 Stat.
                267.)
           252
           252  Sec. 61. Limit on rate of compensation of officers and
                    employees.
                    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
         252.1  Sec. 61-1. Gross rate of compensation of employees paid by
                    Secretary of Senate.

         252.2
         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

    [[Page 282]]

                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
         252.3  (b) Conversion increase in computation
                    Note.--This subsection has been executed.
         252.4
         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
         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),

    [[Page 283]]

                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.)
         252.6
         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
         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
         252.8      (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,

    [[Page 284]]

                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; Pub. L. 104-186,
                Title II, Sec. 204(9), Aug. 20, 1996, 110 Stat. 1731;
                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
         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 61-
                1(d)(2) of this title. (Pub. L. 95-94, Title I, Sec. 114,
                Aug. 5, 1977, 91 Stat. 665; Pub. L. 95-240, Title II,
                Sec. 207, Mar, 7, 1978, 92 Stat. 117; Pub. L. 100-202,
                Sec. 9, Dec. 22, 1987, 101 Stat. 1329-295.)
        252.10
        252.10  Sec. 61-1b. Availability of appropriations during first
                    three months of any fiscal year for aggregate of
                    payments of gross compensation made to employees from
                    Senate appropriation account for ``Salaries, Officers
                    and Employees''.
                    At no time during the first three months of any fiscal
                year (commencing with the fiscal year which begins October
                1, 1984) shall the aggregate of payments of gross
                compensation made to employees out of any line item
                appropriation within the Senate appropriation account for
                ``Salaries, Officers and Employees'' (other than the line
                item appropriations, within such account for
                ``Administrative, clerical, and legislative assistance to
                Senators'' and for ``Agency contributions'') exceed twenty-
                five per centum of the total amount available for such line
                item appropriations for such fiscal year. (July 17, 1984,
                P.L. 98-367, Title I, Sec. 4, 98 Stat. 475.)
        252.11
        252.11  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
           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.

    [[Page 285]]

         254.8
         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
         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.)
           255
           255  Sec. 61a-11. Abolition of statutory positions in the Office
                    of the Secretary of the Senate; Secretary's authority to
                    establish and fix compensation for positions.
                    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,
                Public Law 97-51, Sec. 114, 95 Stat. 963.)
         255.1
         255.1  Sec. 61b-1. Compensation of Parliamentarian of Senate.
                    The Parliamentarian may be paid at a maximum annual rate
                of compensation not to exceed $39,000. (Aug. 5, 1955, ch.
                568 Sec. 1, 69 Stat.

    [[Page 286]]

                499; June 27, 1956, ch. 453, Sec. 101, 70 Stat. 356; Aug.
                13, 1974, Pub. L. 93-371, Sec. 4, 88 Stat. 429; July 25,
                1975, Pub. L. 94-59, Title I, Sec. 105, 89 Stat. 275.)
         255.3
         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
           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
         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
         256.5  Sec. 61d-2. Postage allowance for Chaplain 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 Chaplain of
                the Senate, upon the request of the Chaplain of the Senate,
                United States postage stamps in such 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.)
         256.6
         256.6  Sec. 61d-3. Office of the Chaplain Expense Revolving Fund.
                    (a) There is established in the Treasury of the United
                States within the contingent fund of the senate a revolving
                fund, to be known as the ``Office of the Chaplain Expense
                Revolving Fund'' (hereafter referred to as the ``fund'').
                The fund shall consist of all moneys collected or received
                with respect to the Office of the Chaplain of the Senate.
                    (b) The fund shall be available without fiscal year
                limitation for disbursement by the Secretary of the Senate,
                not to exceed $35,000 in any fiscal year, for the payment of
                official expenses incurred by the Chaplain of the Senate. In
                addition, moneys in the fund may be used to purchase food or
                food related items. The fund shall not be available for the
                payment of salaries.

    [[Page 287]]

                    (c) All moneys (including donated moneys) received or
                collected with respect to the Office of the Chaplain of the
                Senate shall be deposited in the fund and shall be available
                for purposes of this section.
                    (d) Disbursements from the fund shall be made on
                vouchers approved by the Chaplain of the Senate. (Nov. 19,
                1995, Pub. L. 104-53, Title I, Sec. 2, 109 Stat. 517; Oct.
                21, 1998, Pub. L. 105-275, Title I, Sec. 2(a), 112 Stat.
                2433.)
           257
           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
         257.5  Sec. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on
                    death, resignation, disability, or absence of Sergeant
                    at Arms and Doorkeeper of the Senate.
                    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.)
         257.6
         257.6  Sec. 61e-4. Designation by Sergeant at Arms and Doorkeeper
                    of Senate of persons to approve vouchers for payment of
                    moneys.
                    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 Administration 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 Administration in
                writing of the revocation) be deemed and held to be approved
                by the Sergeant at Arms for all intents and purposes. (Pub.
                L. 98-181, Title I, Sec. 1201, Nov. 30, 1983, 97 Stat.
                1289.)

    [[Page 288]]

           258
           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 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
         258.5  Sec. 61f-7. Abolition of statutory positions in the Office
                    of the Sergeant at Arms and Doorkeeper of the Senate;
                    authority to establish and fix compensations for
                    positions.
                    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.)

    [[Page 289]]

           259
           259  Sec. 61f-8. Use by Sergeant at Arms and Doorkeeper of the
                    Senate of individual consultants or organizations, and
                    department and 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 the services, on a
                            temporary basis, of individual consultants, or
                            organizations thereof, with the prior consent of
                            the Committee on Rules and Administration; such
                            services may be procured by contract with the
                            providers acting 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
                            annual compensation which may be paid to
                            employees of a standing committee of the Senate;
                            and any such contract shall not be subject to
                            the provisions of section 5 of title 41 or any
                            other provision of law requiring advertising;
                            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, Sec. 103, Sept. 10, 1982, 96
                Stat. 849; Oct. 1, 1988, Pub. L. 100-458, Sec. 7, 102 Stat.
                2162.)

           260
           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. 13, 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
          260a  Sec. 61g-6a. Salaries and expenses for Senate Majority and
                    Minority Policy Committees and Senate Majority and
                    Minority Conference Committees
                    (a)(1) The Chairman of the Majority or Minority Policy
                Committee of the Senate may, during any fiscal year, at his
                or her election transfer funds from the appropriation
                account for salaries for the Majority and

    [[Page 290]]

                Minority Policy Committees of the Senate, to the account,
                within the contingent fund of the Senate, from which
                expenses are payable for such committees.
                    (2) The Chairman of the Majority or Minority Policy
                Committee of the Senate may, during any fiscal year, at his
                or her election transfer funds from the appropriation
                account for expenses, within the contingent fund of the
                Senate, for the Majority and Minority Policy Committees of
                the Senate, to the account from which salaries are payable
                for such committees.
                    (b)(1) The Chairman of the Majority or Minority
                Conference Committee of the Senate may, during any fiscal
                year, at his or her election transfer funds from the
                appropriation account for salaries for the Majority and
                Minority Conference Committees of the Senate, to the
                account, within the contingent fund of the Senate, from
                which expenses are payable for such committees.
                    (2) The Chairman of the Majority or Minority Conference
                Committee of the Senate may, during any fiscal year, at his
                or her election transfer funds from the appropriation
                account for expenses, within the contingent fund of the
                Senate, for the Majority and Minority Conference Committees
                of the Senate, to the account from which salaries are
                payable for such committees.
                    (c) Any funds transferred under this section shall be--
                                (1) 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 to which the funds were transferred; and
                                (2) made at such time or times as the
                            Chairman shall specify in writing to the Senate
                            Disbursing Office.
                    (d) The Chairman of a committee transferring funds under
                this section shall notify the Committee on Appropriations of
                the Senate of the transfer. (Nov. 5, 1990, Pub. L. 101-520,
                Title I, Sec. 1, 104 Stat. 2257; Aug. 14, 1991, Pub. L. 102-
                90, Title I, 105 Stat. 450; Nov. 19, 1995, Pub. L. 104-53,
                Title I, Sec. 7(a), 109 Stat. 518.)
         260.1
         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, 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) Procurement by contractor or employment
                    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

    [[Page 291]]

                shall not be subject to the provisions of section 5 of title
                41 or any other provision of law requiring advertising.
                (c) Selection of consultant or organization 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; Pub. L. 104-197, Title
                I, Sec. 1, Sept. 1, 1996, 110 Stat. 2396.)
        260.1a
        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. 2257.)
         260.2
         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 4, 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
         260.3  Sec. 61h-5. Assistants to Senate Majority and Minority
                    Leaders for Floor Operations; establishment of
                    positions; appointment; 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 to exceed the maximum annual rate
                of gross compensation of the Assistant Secretary of the
                Senate. (July 14, 1983, Pub. L. 98-51, Title I, Sec. 101(a),
                97 Stat. 265.)

    [[Page 292]]

         260.4
         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 President pro tempore
                of the Senate is authorized to appoint and fix the
                compensation of one consultant, on a temporary or
                intermittent basis, at a daily rate of compensation not in
                excess of that specified in the first sentence of this
                subsection. 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 and 8468 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) Any or all appointments under this section may be 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.
                (As amended Pub. L. 105-275, Title I, Secs. 4(a), (b), Oct.
                21, 1998, 112 Stat. 2433.)
        260.4a
        260.4a  Sec. 61h-7. Chiefs of Staff of the Senate Majority and
                    Minority Leaders; 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 appropriation 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
         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 employ

    [[Page 293]]

                ees 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
         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
         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
           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, 18 Stat.
                85; Mar. 3, 1875, ch. 129, 18 Stat. 344.)
           262
           262  Sec. 63. Repealed. (Pub. L. 104-186, Title II, Sec. 204(21),
                    Aug. 20, 1996, 110 Stat. 1733)

           263
           263  Sec. 64. Omitted.

         263.1
         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 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
         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 of 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.)

    [[Page 294]]

                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
         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
           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 Secretary 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, Pub. L. 92-310,
                Sec. 220(g), 86 Stat. 204; July 17, 1984, Pub. L. 98-367,
                Sec. 2, 98 Stat. 474.)
           265
           265  Sec. 64b. Death, resignation, or disability of Secretary of
                    Senate; Assistant Secretary of the Senate to act as
                    Secretary; written designation of absent status.
                    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

    [[Page 295]]

                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
           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
           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
         267.1  Sec. 65c. Expense allowance for the Secretary of the Senate,
                    Sergeant at Arms and Doorkeeper of the Senate, and
                    Secretaries for Senate Majority and Minority.
                    (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 Allowance 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 30,
                1983, 97 Stat. 334; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
                100 Stat. 2095.)

    [[Page 296]]

         267.2
         267.2  Sec. 65d. Funds advanced by the Secretary of the Senate to
                    Sergeant at Arms and Doorkeeper of Senate to defray
                    office expenses; accountability; maximum amount;
                    vouchers.
                    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
         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) On and after July 11, 1987, 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.
                    (c) Upon the written request of the Secretary of the
                Senate, with the approval of the Committee on Appropriations
                of the Senate, there shall be transferred any amount of
                funds available under subsection (a) of this section
                specified in the request, but not to exceed $10,000 in any
                fiscal year, from the appropriation account (within the
                contingent fund of the Senate) for expenses of the Office of
                the Secretary of the Senate to the appropriation account for
                the expense allowance of the Secretary of the Senate. 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. (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; Pub. L. 105-18, Title
                II, Sec. 7003(a), June 12, 1997, 111 Stat. 192.)
           268
           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.)
                Cross Reference
                    See section 5533(c) of title 5, United States Code
                (Senate Manual section 433.3).

    [[Page 297]]

           269
           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
           270  Sec. 68. Payments from Senate contingent fund.
                    No payment shall be made from the contingent fund of the
                Senate unless sanctioned by the Committee to Audit and
                Control the Contingent Expenses [Committee on Rules and
                Administration] of the Senate. Payments made upon vouchers
                or abstracts of disbursements of salaries approved by said
                Committee on Rules and Administration of the Senate, 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, Sec. 1, 25 Stat. 546; Dec. 27, 1974, Pub. L. 93-554,
                Title I, Ch. III, 88 Stat. 1776; Aug. 20, 1996, Pub. L. 104-
                186, Title I, Sec. 105(c)(2)(A), 110 Stat. 1722.)
         270.1
         270.1  Sec. 68-1. Committee on Rules and Administration;
                    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
         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, ch. 17, Sec. 1, 32 Stat. 26; June 10, 1921, ch. 18,
                Title III, Sec. 304, 42 Stat. 24; Aug. 20, 1996, Pub. L.
                104-186, Title II, Sec. 204 (45), 110 Stat. 1737.)
         270.3
         270.3  Sec. 68-3. Separate accounts for ``Secretary of the Senate''
                    and for ``Sergeant at Arms and Doorkeeper of the
                    Senate''; establishment within Senate contingent fund;
                    inclusion of funds in existing accounts.
                    (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'';

    [[Page 298]]

                                (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 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.)
         270.4
         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 num

    [[Page 299]]

                ber 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
         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.)
                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
         270.6  Sec. 68-6a. Transfers from appropriations account for
                    expenses of Office of Sergeant at Arms and Doorkeeper of
                    Senate.
                    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, 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

    [[Page 300]]

                to which the funds are transferred. (Pub. L. 101-520, Title
                I, Sec. 5, Nov. 5, 1990, 104 Stat. 2258.)
         270.7
         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
                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
           271  Sec. 68a. Materials, supplies, and fuel payments from Senate
                    contingent fund.
                    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
           272  Sec. 68b. Per diem and subsistence expenses from Senate
                    contingent fund.\1\
                    \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.
                    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 section 5701 of title 5) at rates in excess of the rates
                prescribed by the Committee on Rules and Admin

    [[Page 301]]

                istration; 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 58 of this
                title. (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.)
           273
           273  Sec. 68c. Computation of compensation for stenographic
                    assistance of committees payable from Senate contingent
                    fund.
                    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.
         273.2
         273.2  Sec. 68e. Advance payments by Secretary of Senate.
                    (a) For fiscal year 1998, and each fiscal year
                thereafter, the Secretary of the Senate is authorized to
                make advance payments under a contract or other agreement to
                provide a service or deliver an article for the United
                States Government without regard to the provisions of
                section 3324 of title 31.
                    (b) An advance payment authorized by subsection (a)
                shall be made in accordance with regulations issued by the
                Committee on Rules and Administration of the Senate.
                    (c) The authority granted by subsection (a) shall not
                take effect until regulations are issued pursuant to
                subsection (b).

                (Pub. L. 105-55, Title I, Sec. 1, Oct. 7, 1997, 111 Stat.
                1179.)

           274
           274  Sec. 69. Expenses of committees payable from Senate
                    contingent fund.
                    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 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

    [[Page 302]]

                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).
         274.4
         274.4  Sec. 69-1. Availability of funds for franked mail expenses.
                    Funds in the account, within the contingent fund of the
                Senate, available for the expenses of inquiries and
                investigations shall be available for franked mail expenses
                incurred by committees of the Senate the other expenses of
                which are paid from that account.

                (Pub. L. 105-55, Title I, Sec. 6(b), Oct. 7, 1997, 111 Stat.
                1181.)

         274.5
         274.5  Sec. 69a. Orientation seminars, etc.
                    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
                title 26. (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.)
         274.6
         274.6  Sec. 69b. Senate Leader's Lecture Series.
                    (a) There is established the Senate Leader's Lecture
                Series (hereinafter referred to as the ``lecture series'').
                Expenses incurred in connection with the lecture series
                shall be paid from the appropriations account ``Secretary of
                the Senate'' within the contingent fund of the Senate and
                shall not exceed $30,000 in any fiscal year.
                    (b) Payments for expenses in connection with the lecture
                series may cover expenses incurred by speakers, including
                travel, subsistence, and per diem, and the cost of
                receptions, including food, food related items, and
                hospitality.
                    (c) Payments for expenses of the lecture series shall be
                made on vouchers approved by the Secretary of the Senate.
                    (d) This section is effective on and after October 1,
                1997.

                (Pub. L. 105-275, Title I, Sec. 5, Oct. 21, 1998, 112 Stat.
                2433.)

    [[Page 303]]

           275
           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.)
                (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
         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
                Oversight in the case of standing committees of the House of
                Representatives, within the limits of funds made available
                from the contingent fund of the Senate or the applicable
                accounts of the House of Representatives pursuant to
                resolutions, which, in the case of the Senate, shall specify
                the maximum amounts which may be used for such purpose,
                approved by the appropriate House, 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

    [[Page 304]]

                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 Oversight 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.
        275.10
        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 Chief
                    Administrative Officer 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
                involved in the case of standing committees of the House of
                Representatives, and within the limits of funds made
                available from the contingent fund of the Senate or the
                applicable accounts of the House of Representatives pursuant
                to resolutions, which, in the case of the Senate, shall
                specify the maximum amounts which may be used for such
                purpose, approved by the appropriate House, 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 Chief
                Administrative Officer 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

    [[Page 305]]

                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. 91-510, Sec. Sec. 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 Pub. L. 104-
                            186, Title II, Sec. 204(10-11), Aug. 20, 1996,
                            110 Stat. 1731; Pub. L. 105-55, Title I,
                            Sec. 105(a), Oct. 7, 1997, 111 Stat. 1184.)
           277
           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 contained in this paragraph shall
                be construed to prohibit a committee from adopting policies
                and practices with respect to the application of this
                section 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 72a-
                1d(c)(1) of this title.
                    (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.)
           278
           278  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

    [[Page 306]]

                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.)
         278.1
         278.1  Sec. 72d. Committee on Appropriations; discretionary powers.
                    (a) The Committee on Appropriations is authorized in its
                discretion--
                                (1) to hold hearings, report such hearings,
                            and make investigations as authorized by
                            paragraph 1 of rule XXVI of the Standing Rules
                            of the Senate;
                                (2) to make expenditures from the contingent
                            fund of the Senate;
                                (3) to employ personnel;
                                (4) with the prior consent of the Government
                            department or agency concerned and the Committee
                            on Rules and Administration to use, on a
                            reimbursable or nonreimbursable basis, the
                            services of personnel of any such department or
                            agency;
                                (5) to procure the services of individual
                            consultants, or organizations thereof (as
                            authorized by section 72a(i) of this title and
                            Senate Resolution 140, agreed to May 14, 1975);
                            and
                                (6) to provide for the training of the
                            professional staff of such committee (under
                            procedures specified by section 72a(j) of this
                            title).
                    (b) Senate Resolution 54, agreed to February 13, 1997,
                is amended by striking section 4.
                    (c) This section shall be effective on and after October
                1, 1998, or the date of enactment of this Act (October 21,
                1998), whichever is later.

                (Pub. L. 105-275, Title I, Sec. 10, Oct. 21, 1998, 112 Stat.
                2435.)

         278.2
         278.2  Sec. 72d-1. Transfer of funds from the appropriation
                    accounts for salaries or expenses for the Appropriations
                    Committee of the Senate.
                    (a)(1) The Chairman of the Appropriations Committee of
                the Senate may, during any fiscal year, at his or her
                election transfer funds from the appropriation account for
                salaries for the Appropriations Committee of the Senate, to
                the account, within the contingent fund of the Senate, from
                which expenses are payable for such committee.
                    (2) The Chairman of the Appropriations Committee of the
                Senate may, during any fiscal year, at his or her election
                transfer funds from the appropriation account for expenses,
                within the contingent fund of the Senate, for the
                Appropriations Committee of the Senate, to the account from
                which salaries are payable for such committee.
                    (b) Any funds transferred under this section shall be--
                                (1) 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 to which the funds were transferred; and
                                (2) made at such time or times as the
                            Chairman shall specify in writing to the Senate
                            Disbursing Office.
                    (c) This section shall take effect on October 1, 1998,
                and shall be effective with respect to fiscal years
                beginning on or after that date.

                (Pub. L. 105-275, Title I, Sec. 11, Oct. 21, 1998, 112 Stat.
                2435.)

    [[Page 307]]

           280
           280  Sec. 74b. Employment of additional administrative
                    assistants.
                    The Secretary of the Senate is authorized to employ such
                administrative assistants as may be necessary in order to
                carry out the provisions of this Act under the jurisdiction
                of the Secretary. (Aug. 2, 1946, ch. 753, Sec. 244, 60 Stat.
                839; Aug. 20, 1996, Pub. L. 104-186, Title II, Sec. 204(18),
                110 Stat. 1732.)
           281
           281  Sec. 88a. Education of Congressional and Supreme Court
                    pages; appropriations; attendance at private or
                    parochial schools. Repealed. (Pub. L. 104-186, Title II,
                    Sec. 204(34)(A), Aug. 20, 1996, 110 Stat. 1734.)

           282
           282  Sec. 88b. Education of other minors who are Senate
                    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 Senate employees as may be
                certified by the Secretary of the Senate to receive such
                education. (Mar. 22, 1947, ch. 20, Title I, 61 Stat. 16;
                Pub. L. 98-367, Title I, Sec. 103, July 17, 1984, 98 Stat.
                479; Pub. L. 104-186, Title II, Sec. 204(35), Aug. 20, 1996,
                110 Stat. 1735.)
           283
           283  Sec. 88b-1. Congressional pages.
                (a) Appointment conditions
                    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
                            unforeseen circumstances preventing his service
                            as a page after his appointment, he will
                            continue to serve as a page for a period
                            specified in writing at the time of the
                            appointment; 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) Qualifications
                    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.

                (Pub. L. 91-510, Title IV, Sec. 491(a)-(d), Oct. 26, 1970,
                84 Stat. 1198; Pub. L. 97-51, Sec. 101(c), 123, Oct. 1,
                1981, 95 Stat. 959, 965; Pub. L. 104-186, Title II,
                Sec. 204(36), Aug. 20, 1996, 110 Stat. 1735.)

                                        Codification
                    Repeal of subsecs. (c) and (d) of this section is based
                on section 304(a) of H.R. 4120, as reported July 9, 1981,
                which was enacted into permanent law by section 101(c) of
                Pub. L. 97-51 and amended by section 123 of Pub. L. 97-51.)

    [[Page 308]]

           284
           284  Sec. 88b-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 (including donated 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.
                (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. (Pub. L. 103-283,
                Title I, Sec. 4, July 22, 1994, 108 Stat. 1427; Pub. L. 104-
                53, Title I, Sec. 6, Nov. 19, 1995, 109 Stat. 518.)
           285
           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
           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 Chief
                Administrative Officer 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. 85-58, 71 Stat.

    [[Page 309]]

                190; June 1, 1976, Pub. L. 94-303, Sec. 118, 90 Stat. 615;
                Pub. L. 104-186, Title II, Sec. 204 (53), Aug. 20, 1996, 110
                Stat. 1737.)
           288
           288  Sec. 104a. Semiannual statements of expenditures by
                    Secretary of Senate and Chief Administrative Officer of
                    House.
                    (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 Chief Administrative Officer 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 102, 103, and 104 of this
                title, 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 Chief
                Administrative Officer 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, 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 3523(a) of title 31. Notwithstanding the foregoing
                provisions of this section, 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 (2) of paragraph (1), does not
                apply with respect to the Senate.

    [[Page 310]]

                    (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; Pub. L. 103-283,
                            Title I, Sec. 3(a), July 22, 1994, 108 Stat.
                            1426; Pub. L. 104-186, Title II, Sec. 204(54),
                            Aug. 20, 1996, 110 Stat. 1738.)
           290
           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 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.)
           291
           291  Sec. 106. Stationery for Senate; advertisements for.
                    The Secretary of the Senate 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 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. 65,
                66; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 316; Pub. L.
                104-186, Title II, Sec. 204(55), Aug. 20, 1996, 110 Stat.
                1738.)
           292
           292  Sec. 107. Opening bids for Senate and House stationery;
                    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

    [[Page 311]]

                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.)
           293
           293  Sec. 108. Contracts for separate parts of stationery.
                    Sections 106 and 107 of this title shall not prevent the
                Secretary from contracting for separate parts of the
                supplies of stationery required to be furnished. (R.S.
                Sec. 68, Pub. L. 104-186, Title II, Sec. 204(56), Aug. 20,
                1996, 110 Stat. 1738.)
                Cross Reference
                    See note under section 106 of this title (Senate Manual
                section 291).
           294
           294  Sec. 109. American goods to be preferred in purchases for
                    Senate and House of Representatives.
                    The Secretary of the Senate and the Chief Administrative
                Officer 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; Aug. 20, 1996, Pub. L. 104-186, Title II,
                Sec. 204(57), 110 Stat. 1738.)
           295
           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
           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
         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

    [[Page 312]]

                surplus furniture and equipment. (Pub. L. 96-214, Mar. 24,
                1980, 94 Stat. 122.)
           297
           297  Sec. 112. Purchases of stationery and materials for folding.
                    Purchases of stationery and materials for folding shall
                be made in accordance with sections 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. (Mar. 3, 1887,
                ch. 392, Sec. 1, 24 Stat. 596; Aug. 2, 1946, ch. 753,
                Secs. 102, 121, 60 Stat. 814, 822; Aug. 20, 1996, Pub. L.
                104-186, Title II, Sec. 204(58), 110 Stat. 1738.)
           298
           298  Sec. 113. Detailed reports of receipts and expenditures by
                    Secretary of Senate and Chief Administrative Officer of
                    House of Representatives.\1\
                    \1\ Superseded by section 105(a) of Pub. L. 88-454, Aug.
                    20, 1964, 78 Stat. 550, as amended. See Senate Manual
                    section 288.
                    The Secretary of the Senate and the Chief Administrative
                Officer 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; Aug. 20, 1996, Pub. L. 104-
                186, Title II Sec. 204(60), 110 Stat. 1738.)
           299
           299  Sec. 114. Fees for copies from Senate journals.
                    The Secretary of the Senate is 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, 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; Pub. L. 104-186, Title II, Sec. 204(61), Aug.
                20, 1996, 110 Stat. 1738.)
           300
           300  Sec. 117. Sale of waste paper and condemned furniture.
                    It shall be the duty of 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 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(122), 45 Stat. 995; Pub.
                L. 104-186, Title II, Sec. 204(62), Aug. 20, 1996, 110 Stat.
                1739.)
                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 313]]

                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 finishings 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.)
         300.1
         300.1  Sec. 117b-2. Transfer of excess or surplus educationally
                    useful equipment to public schools.
                (a) Authorization
                    The Sergeant at Arms and Doorkeeper of the Senate may
                directly, or through the General Services Administration,
                transfer title to excess or surplus educationally useful
                equipment to a public school. Any such transfer shall be
                completed at the lowest possible cost to the public school
                and the Senate.
                (b) Regulations
                    The Committee on Rules and Administration of the Senate
                shall prescribe regulations to carry out the provisions of
                this section.
                (c) Deposit of receipts
                    Receipts from reimbursements for the costs of transfer
                of excess or surplus educationally useful equipment under
                this section, shall be deposited in the United States
                Treasury for credit to the account for the ``Sergeant at
                Arms and Doorkeeper of the Senate'' within the contingent
                fund of the Senate.
                (d) Definitions
                    For the purposes of this section:
                                (1) The term ``public school'' means a
                            public elementary or secondary school as such
                            terms are defined in section 8801 of title 20.
                                (2) The term ``educationally useful
                            equipment'' means computers and related
                            peripheral tools, including printers, modems,
                            routers, servers, computer keyboards, scanners,
                            and other telecommunications and research
                            equipment, that are appropriate for use in
                            public school education.
                (e) Effective date
                    This section shall take effect beginning with fiscal
                year 1997 and shall be effective each fiscal year
                thereafter. (Pub. L. 104-197, Title I, Sec. 5, Sept. 16,
                1996, 110 Stat. 2397.)
           301
           301  Sec. 118. Actions against officers for official acts.\1\
                    \1\ Rule 69(b) of Federal Rules of Civil Procedure
                    provides as to judgments against public officers.
                    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

    [[Page 314]]

                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.)
         301.5
         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
           302  Sec. 119. Stationery rooms of House and Senate;
                    specifications of classes of articles purchasable.
                    The Committee on House Oversight 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; Aug. 20, 1996, Pub. L. 104-186, Title II, Sec. 204(65),
                110 Stat. 1739.)
           304
           304  Sec. 121. Senate restaurant for deficit fund; deposits of
                    proceeds from surcharge on orders.
                    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 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).
         304.5
         304.5  Sec. 12lb-1. Senate Hair Care Services; personnel; revolving
                    fund.
                    (a) The Sergeant at Arms and Doorkeeper of the Senate is
                authorized to appoint and fix the compensation of such
                employees as may be necessary to operate Senate Hair Care
                Services.
                    (b) There is established in the Treasury of the United
                States within the contingent fund of the Senate a revolving
                fund to be known as the Senate Hair Care Services Revolving
                Fund (hereafter in this section referred to as the
                ``revolving fund'').
                    (c)(1) All moneys received by Senate Hair Care Services
                from fees for services or from any other source shall be
                deposited in the revolving fund.

    [[Page 315]]

                    (2) Moneys in the revolving fund shall be available
                without fiscal year limitation for disbursement by the
                Secretary of the Senate--
                                (A) for the payment of salaries and agency
                            contributions of employees of Senate Hair Care
                            Services; and
                                (B) for necessary supplies, equipment, and
                            other expenses of Senate Hair Care Services.
                    (3) The provisions of section 193(d) of title 40, except
                for the provisions relating to solicitation, shall not apply
                to any activity carried out pursuant to this section,
                subject to approval of such activities by the Committee on
                Rules and Administration.
                    (d) Disbursements from the revolving fund 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 paid at an annual rate.
                    (e) At the direction of the Committee on Rules and
                Administration, 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 the
                revolving fund that the Committee may determine are in
                excess of the current and reasonably foreseeable needs of
                Senate Hair Care Services.
                    (f) The Sergeant at Arms and Doorkeeper of the Senate
                are authorized to prescribe such regulations as may be
                necessary to carry out the provisions of this section,
                subject to the approval of the Committee on Rules and
                Administration.
                    (g) There is transferred to the revolving fund
                established by this section any unobligated balance in the
                fund established by section 121a of this title on the
                effective date of this section.
                    (h) Omitted.
                    (i) This section shall be effective on and after October
                1, 1998, or 30 days after the enactment of this Act (October
                21, 1998), whichever is later.

                (Pub. L. 105-275, Title I, Sec. 6, Oct. 21, 1998, 112 Stat.
                2434; Pub. L. 106-57, Title I, Sec. 4, Sept. 29, 1999, 113
                Stat. 412.)

         304.7
         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

    [[Page 316]]

                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 moneys 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.)
         304.8
         304.8  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

    [[Page 317]]

                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 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
         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.

    [[Page 318]]

                (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 of this section shall take effect on April
                9, 1992. (Pub. L. 102-392, Title III, Sec. 314, Oct. 6,
                1992, 106 Stat. 1723.)
           305
           305  Sec. 123b. House Recording Studio; Senate Recording Studio
                    and Senate Photographic Studio.
                (a) Establishment
                    There is established the House Recording Studio, the
                Senate Recording Studio, and the Senate Photographic Studio.
                (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.
                (c) Operation of studios
                    The House Recording Studio shall be operated by the
                Chief Administrative Officer 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.
                (d) Prices of disk, film, and tape recordings; collection of
                    moneys
                    The Chief Administrative Officer 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

    [[Page 319]]

                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.
                (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 Photographic
                Studio until approval therefor has been obtained from the
                Sergeant at Arms of the Senate.
                (f) Appointment of Director and other employees of House
                    Recording Studio
                    The Chief Administrative Officer 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.
                (g) Revolving funds
                    There is established in the Treasury of the United
                States, a revolving fund 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.
                (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 Chief Administrative Officer 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 Chief Administrative Officer 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.

    [[Page 320]]

                (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.
                    (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.
                (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.
                (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.

    [[Page 321]]

                (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.
                (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.
                (n) Repealed. Pub. L. 92-310, Title II, Sec. 220(j), June 6,
                    1972, 86 Stat. 205
                (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; Pub. L. 88-652, Sec. 16(a), Oct. 13, 1964, 78 Stat.
                1084; Pub. L. 92-310, Title II, Sec. 220(j), June 6, 1972,
                86 Stat. 205; Pub. L. 96-304, Title I, Sec. 108(a), July 8,
                1980, 94 Stat. 890; Pub. L. 97-257, Title I, Sec. 102, Sept.
                10, 1982, 96 Stat. 849; Pub. L. 101-520, Title I, Sec. 7(a),
                (c), (d), Nov. 5, 1990, 104 Stat. 2258, 2259; Pub. L. 104-
                186, Title II, Sec. 204(68), Aug. 20, 1996, 110 Stat. 1740.)
        305.17
        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 Apr. 1,
                1991) 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 Apr. 1, 1991) 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
        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, Title
                I, Sec. 103, 91 Stat. 82.)

    [[Page 322]]

      305.20-1
      305.20-1  Sec. 123c-1. Computer programming services, advance
                    payments.
                    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 on
                and after July 6, 1981, 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
        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'').
                    (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 reftmd 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

    [[Page 323]]

                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 fimd 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.)
        305.22
        305.22  Sec. 123e. Senate legislative information system.
                (a) Development and implementation by Secretary of Senate
                    The Secretary of the Senate, with the oversight and
                approval of the Committee on Rules and Administration of the
                Senate, shall oversee the development and implementation of
                a comprehensive Senate legislative information system.
                (b) Cooperative effort
                    In carrying out this section, the Secretary of the
                Senate shall consult and work with officers and employees of
                the House of Representatives. Legislative branch agencies
                and departments and agencies of the executive branch shall
                provide cooperation, consultation, and assistance as
                requested by the Secretary of the Senate to carry out this
                section.
                (c) Funding
                    Any funds that were appropriated under the heading
                ``Secretary of the Senate'' for expenses of the Office of
                the Secretary of the Senate by the Legislative Branch
                Appropriations Act, 1995, to remain available until
                September 30, 1998, and that the Secretary determines are
                not needed for development of a financial management system
                for the Senate may, with the approval of the Committee on
                Appropriations of the Senate, be used to carry out the
                provisions of this section, and such funds shall be
                available through September 30, 2000.
                (d) Regulations
                    The Committee on Rules and Administration of the Senate
                may prescribe such regulations as may be necessary to carry
                out the provisions of this section.
                (e) Effective date
                    This section shall be effective for fiscal years
                beginning on or after October 1, 1996. (Pub. L. 104-197,
                Title I, Sec. 8, Sept. 16, 1996, 110 Stat. 2398.)
           306
           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 applicable accounts of the House of Representatives
                or the contingent fund of the Senate shall be held to have
                been a gift. (June 5, 1952, ch. 369, Ch. I, 66 Stat. 101;
                Pub. L. 104-186, Title II, Sec. 203(6), Aug. 20, 1996, 110
                Stat. 1725.)

    [[Page 324]]

         307.1
         307.1  Sec. 126-2. Designation of reporters.
                    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
         307.2  Sec. 126b. Substitute reporters of debates and expert
                    transcribers; temporary reporters of debates and expert
                    transcribers; payments from Senate contingent fund.
                    The Secretary of the Senate is on and after June 5,
                1981, 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 section 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
           310  Sec. 130a. Nonpay status for Congressional employees
                    studying under Congressional staff fellowships.
                    (a) 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 Chief
                            Administrative Officer 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 the provisions of law
                specified in subsection (b) of this section, if the award of
                such fellowship to such employee is certified to the
                Secretary of the Senate or the Chief Administrative Officer
                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
                Chief Administrative Officer of the House of Representatives
                by records or other evidence.

                    (b) The provisions of law referred to in subsection (a)
                of this section are--
                                (1) subchapter III (relating to civil
                            service retirement) of chapter 83 of title 5;
                                (2) chapter 87 (relating to Federal
                            employees group life insurance) of title 5; and
                                (3) chapter 89 (relating to Federal
                            employees group health insurance) of title 5.
                            (Pub. L. 89-379, Mar. 30, 1966, 80 Stat. 94;
                            Pub. L. 104-186, Title II, Sec. 204(73), Aug.
                            20, 1996, 110 Stat. 1741.)

    [[Page 325]]

           311
           311  Sec. 130b. Jury and witness service by employees of the
                    Senate and the House.
                    (a) For purposes of this section--
                                (1) ``employee'' means any individual whose
                            pay is disbursed by the Secretary of the Senate
                            or the Chief Administrative Officer 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 an 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

    [[Page 326]]

                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 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 Oversight 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; Pub. L. 104-186, Title II, Sec. 204(74), (75), Aug. 20,
                1996, 110 Stat. 1741.)
           312
           312  Sec. 130c. Waiver by Secretary of the Senate of claims of
                    United States arising out of erroneous payments to Vice
                    President, Senator, or Senate employee paid by the
                    Secretary of the Senate.
                (a) Waiver of claim for erroneous payment of pay or
                    allowances
                    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. 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 may 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) Prohibition of waiver
                    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 em

    [[Page 327]]

                            ployee, 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.
                (c) Credit for waiver
                    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) Effect of waiver
                    An erroneous payment, the collection of which is waived
                under this section, is deemed a valid payment for all
                purposes.
                (e) Construction with other laws
                    This section does not affect any authority under any
                other law to litigate, settle, compromise, or waive any
                claim of the United States.
                (f) Rules and regulations
                    The Secretary of the Senate shall promulgate rules and
                regulations to carry out the provisions of this section.
                (Pub. L. 93-359, Sec. 2, July 25, 1974, 88 Stat. 394; Pub.
                L. 103-69, Title III, Sec. 315, Aug. 11, 1993, 107 Stat.
                713; Pub. L. 104-316, Title I, Sec. 102(b), Oct. 19, 1996,
                110 Stat. 3828.)
           313
           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, 109 Stat. 525.)

                               Chapter 5.--LIBRARY OF CONGRESS

           315
           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
           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
           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

    [[Page 328]]

                hereafter be appropriated to the same purpose, shall be laid
                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
           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 Committee on Rules and Administration of the
                Senate and the chairman and four members of the Committee on
                House Oversight of the House of Representatives. (Aug. 2,
                1946, ch. 753, Sec. 223, 60 Stat. 838; Aug. 20, 1996, Pub.
                L. 104-186, Title II, Sec. 205, 110 Stat. 1742.)
           319
           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
           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.)
         320.1
         320.1  Sec. 136a-2. Librarian of Congress and Deputy Librarian of
                    Congress; compensation
                    Notwithstanding any other provision of law--
                                (1) the Librarian of Congress shall be
                            compensated at an annual rate which is equal to
                            the annual rate of basic pay payable for
                            positions at level II of the Executive Schedule
                            under section 5313 of title 5, and
                                (2) the Deputy Librarian of Congress shall
                            be compensated at an annual rate of pay 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. (Pub. L.
                            98-63, Title I, Sec. 904(a), July 30, 1983, 97
                            Stat. 336; Pub. L. 106-57, Title II,
                            Sec. 209(a), Sept. 29, 1999, 113 Stat. 424.)
                    \1\ So in original. Probably should be section
                    ``129(a)''.
                    \2\ So in original. Probably should be section
                    ``129(b)''.
           322
           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
           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

    [[Page 329]]

                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.)
         323.5
         323.5  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 personnel 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
           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.)
                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
           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
           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

    [[Page 330]]

                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
           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; Feb. 18, 1992, Pub. L. 102-246,
                Sec. Sec. 1, 2, 106 Stat. 31.)
           328
           328  Sec. 156. Gifts, etc., to Library of Congress Trust Fund
                    Board.
                    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.)
           329
           329  Sec. 157. Funds of Library of Congress Trust Fund Board;
                    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 incidental 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.)

    [[Page 331]]

           330
           330  Sec. 158. Deposits by Library of Congress Trust Fund Board
                    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
                United States Treasury, and the Treasurer shall thereafter
                credit such deposit with interest at a rate which is the
                higher of the rate of 4 percentum per annum or a rate which
                is 0.25 percentage points less than a rate determined by the
                Secretary of the Treasury, taking into consideration the
                current average market yield on outstanding long-term
                marketable obligations of the United States, adjusted to the
                nearest one-eighth of 1 percentum, payable semiannually,
                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
         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.)

           331
           331  Sec. 159. Perpetual succession and suits by or against
                    Library of Congress Trust Fund Board.
                    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.)

    [[Page 332]]

           332
           332  Sec. 160. Disbursement of gifts, etc., to Library.
                    Nothing in sections 154 to 162 and 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.
                    Upon agreement by the Librarian of Congress and the
                Board, a gift or bequest accepted by the Librarian under the
                first paragraph of this section may be invested or
                reinvested in the same manner as provided for trust funds
                under section 157 of this title.

                (As amended Oct. 7, 1997, Pub. L. 105-55, Title II,
                Sec. 208, 111 Stat. 1194.)

           333
           333  Sec. 161. Tax exemption of gifts, etc., to Library of
                    Congress.
                    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
           334  Sec. 166. Congressional Research Service.

         334.1
         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
         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
         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 basic
                pay of the Director, shall be at perannum rate equal to the
                rate of basic pay provided for level III of the Executive
                Schedule under section 5314 of title 5.
                    (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

    [[Page 333]]

                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
         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 alternatives 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, 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;

    [[Page 334]]

                    (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
         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;
                                (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

    [[Page 335]]

                                (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
         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
         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
         334.8      (h)(l) 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
                                (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.

    [[Page 336]]

                    (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
         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
        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,
                Pub. L. 106-57, Title II, Sec. 209(b), Sept. 29, 1999, 113
                Stat. 424.)
                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
           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.)
           349
           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

    [[Page 337]]

                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
           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
           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
         351.5  Sec. 194a. Request by congressional committees to
                    Presidential appointees to Federal departments,
                    agencies, etc., concerned with foreign countries or
                    multilateral organizations for expression of views and
                    opinions.
                    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 Agency for International Development, 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 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, Pub. L.
                105-277, div G, subdiv. A, Title XII, Sec. 1225(g), Title
                XIII, Sec. 1335(n), Oct. 21, 1998, 112 Stat. 2681-775, 2681-
                789.)

    [[Page 338]]

         351.6
         351.6  Sec. 194b. Omitted.

           352
           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 on or after July 12, 1960,
                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
         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
           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
           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 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.)
           373
           373  Secs. 261-270 Repealed.
                    For provisions relating to disclosure of lobbying
                activities to influence Federal Government, see section 1601
                et seq. of Title 2, United States Code.

                          Chapter 9.--OFFICE OF LEGISLATIVE COUNSEL

           390
           390  Sec. 271. Establishment.
                    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 Legisla

    [[Page 339]]

                tive Counsel of the Senate. (Feb. 24, 1919, ch. 18,
                Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234,
                Sec. 1101, 43 Stat. 353.)
           391
           391  Sec. 272. Legislative Counsel.
                    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, ch. 18,
                Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234,
                Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, Title VI,
                Sec. 602, 55 Stat. 726.)
           392
           392  Sec. 273. Compensation.
                    The Legislative Counsel of the Senate shall be paid at
                an annual rate of compensation of $40,000. (Feb. 24, 1919,
                ch. 18, Sec. 1303(d), as added June 2, 1924, ch. 234,
                Sec. 1101, 43 Stat. 353, and amended June 18, 1940, ch. 396,
                Sec. 1, 54 Stat. 472; Sept. 20, 1941, ch. 412, Title VI,
                Sec. 602, 55 Stat. 726; Oct. 15, 1949, ch. 695, Sec. 6(c),
                63 Stat. 881; Aug. 5, 1955, ch. 568, Sec. Sec. 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
           393  Sec. 274. Staff, 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, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2,
                1924, ch. 234, Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch.
                412, Title VI, Sec. 602, 55 Stat. 726.)
           394
           394  Sec. 275. Functions.
                    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, 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,
                ch. 18, Sec. 1303(b), (d), 40 Stat. 1141; June 2, 1924, ch.
                234, Sec. 1101, 43 Stat. 353; Aug. 2, 1946, ch. 753, Title
                I, Sec. Sec. 102, 121, 60 Stat. 814, 822.)
           395
           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, ch. 18, Sec. 1303(c), (d), 40 Stat. 1141;
                June 2, 1924, ch. 234, Sec. 1101, 43 Stat. 353.)
         395.1
         395.1  Sec. 276a. Expenditures.
                    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

    [[Page 340]]

                Legislative Counsel of the Senate. (July 14, 1983, Pub. L.
                98-51, Sec. 106, 97 Stat. 267.)
         395.2
         395.2  Sec. 276b. Travel and related expenses.
                    Funds expended by the Legislative Counsel of the Senate
                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
           396  Sec. 288. Office of Senate Legal Counsel.

         396.1
         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 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 January 3, 1979, 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

    [[Page 341]]

                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
         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
         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
         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
         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.
         396.6
         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
         396.7  Sec. 288a. Senate Joint Leadership Group.

       396.7-1
       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
       396.7-2  (b) Membership
                    For purposes of this chapter, the Joint Leadership Group
                shall consist of the following Members:

    [[Page 342]]

                                (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
       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
         396.8  Sec. 288b. Requirements for authorizing representation
                    activity.

       396.8-1
       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
       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
       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
       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--
                                (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
       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
         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--

    [[Page 343]]

                                (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
        396.10  Sec. 288d. Enforcement of Senate subpena or order.

      396.10-1
      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
      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.
      396.10-3
      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.

    [[Page 344]]

      396.10-4
      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
      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
      396.10-6  (f) Omitted

      396.10-7
      396.10-7  (g) 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
        396.11  Sec. 288e. Intervention or appearance.

      396.11-1
      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 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
      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
      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

    [[Page 345]]

                responsibilities of Congress. (Oct. 26, 1978, Pub. L. 95-
                521, Title VII, Sec. 706, 92 Stat. 1880.)
        396.12
        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
        396.13  Sec. 288g. Advisory and other functions.

      396.13-1
      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
                                (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
      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.

    [[Page 346]]

      396.13-3
      396.13-3  (c) Miscellaneous duties
                    The Counsel shall perform such other duties consistent
                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
        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
        396.15  Sec. 288i. Representation conflict or inconsistency.

      396.15-1
      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.
      396.15-2
      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 inconsistency as
                recommended. Any instruction or determination made pursuant
                to this subsection shall not be reviewable in any court of
                law.

    [[Page 347]]

      396.15-3
      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
      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
        396.16  Sec. 288j. Consideration of resolutions to direct counsel.

      396.16-1
      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 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
      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
      396.16-3  (c) Rules of the Senate
                    The provisions of this section are enacted--

    [[Page 348]]

                                (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
        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
        396.18  Sec. 288l. Procedural provisions.

      396.18-1
      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 appearance 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
      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
                supply with respect to the admission of any such person to
                practice before the United States Supreme Court.

    [[Page 349]]

      396.18-3
      396.18-3  (c) Standing to sue; jurisdiction
                    Nothing in this chapter 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 officer
                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
        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
           398  Sec. 351. Citizens' Commission on Public Service and
                    Compensation.
                    There is hereby established a commission to be known as
                the Citizens' 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
         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;
                                (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);

    [[Page 350]]

                                (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. 101-194,
                Title VII, Sec. 701(b), Nov. 30, 1989, 103 Stat. 1763.)
         398.2
         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.

    [[Page 351]]

                    (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
         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
         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
         398.5  Sec. 356. Functions.
                    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 subsections (a), (b), (c),
                            and (d) of section 203 of the Federal
                            Legislative Salary Act of 1964 (78 Stat. 415;
                            Public Law 88-426);
                                (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;
                                (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 section, the
                Commission shall determine and consider the appropriateness
                of the executive levels of such offices and positions. (Pub.
                L. 90-206, Title II, Sec. 255(f), Dec. 16, 1967, 81 Stat.

    [[Page 352]]

                643; Pub. L. 91-375, Sec. 6(a), Aug. 12, 1970, 84 Stat. 775;
                Pub. L. 94-82, Title II Sec. 206(a), Aug. 9, 1975, 89 Stat.
                423; Pub. L. 95-598, Title III, Sec. 301, Nov. 6, 1978, 92
                Stat. 2673; Pub. L. 97-164, Title I, Sec. 143, Apr. 2, 1982,
                96 Stat. 45; Pub. L. 99-190; Sec. 135(b), Dec. 19, 1985, 99
                Stat. 1322; Pub. L. 100-202, Sec. 101(a) (Title IV,
                Sec. 408(c)), Dec. 22, 1987, 101 Stat. 1329, 1329-27; Pub.
                L. 101-194, Title VII, Sec. 701(d), Nov. 30, 1989, 103 Stat.
                1764; Pub. L. 102-572, Title IX, Sec. 902(b)(1), Oct. 29,
                1992, 106 Stat. 4516.)

         398.6
         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. 19,
                1985, Pub. L. 99-190, Sec. 135(c), 99 Stat. 1322; Pub. L.
                101-194, Title VII, Sec. 701(e), Nov. 30, 1989, 103 Stat.
                1764.)
         398.7
         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; Pub. L. 99-190, 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
         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

    [[Page 353]]

                                (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(a), 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
         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 359 of this title 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 (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 take 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(b), 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
        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

    [[Page 354]]

                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
        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.
                                (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.)
        398.12
        398.12  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.)

    [[Page 355]]

        398.13
        398.13  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
                            sections of this chapter;
                                (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
           399
                  Chapter 13.--JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS

                    Repealed. Pub. L. 104-186, Title II, Sec. 212(1)(A),
                (2), Aug. 20, 1996, 110 Stat. 1745.

                           Chapter 14.--FEDERAL ELECTION CAMPAIGNS

                     Subchapter I.--Disclosure of Federal Campaign Funds

         399.8
         399.8  Sec. 431. Definitions.
                    When used in this Act:
                    (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

    [[Page 356]]

                            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
                                (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;

    [[Page 357]]

                                (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 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;

    [[Page 358]]

                                (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 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;

    [[Page 359]]

                                (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 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

    [[Page 360]]

                            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 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; 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.

    [[Page 361]]

                    (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.
                    (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, Pub. L.
                93-443, 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
         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

    [[Page 362]]

                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.
                (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. For any report filed in electronic format under
                section 434(a)(11) of this title, the treasurer shall retain
                a machine-readable copy of the report as the copy preserved
                under the preceding sentence.
                (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.

    [[Page 363]]

                    (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 an
                            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.
                    (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 Secretary of the 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 for the office of
                Senator, by the principal campaign committee of such
                candidate, and by the Republican and Democratic Senatorial
                Campaign Committees shall be filed with the Secretary of the
                Senate, who shall receive such designations, statements, and
                reports, as custodian for the Commission.
                    (2) The Secretary of the Senate shall forward a copy of
                any designation, statement, or report filed with the
                Secretary under this subsection

    [[Page 364]]

                to the Commission as soon as possible (but no later than 2
                working days) after receiving such designation, statement,
                or report.
                    (3) All designations, statements, and reports required
                to be filed under this Act, except designations, statements,
                and reports filed in accordance with paragraph (1), shall be
                filed with the Commission.
                    (4) 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.
                    (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; Pub. L. 104-79, Sec. 1(b), 3(a), Dec. 28, 1995, 109
                Stat. 791, 792.)
        399.10
        399.10  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--

    [[Page 365]]

                                (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;
                                (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
        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

    [[Page 366]]

                                    (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 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:

    [[Page 367]]

                            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 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 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 nomina

    [[Page 368]]

                tion 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).
                    (11)(A) The Commission shall permit reports required by
                this Act to be filed and preserved by means of computer disk
                or any other appropriate electronic format or method, as
                determined by the Commission.
                    (B) In carrying out subparagraph (A) with respect to
                filing of reports, the Commission shall provide for one or
                more methods (other than requiring a signature on the report
                being filed) for verifying reports filed by means of
                computer disk or other electronic format or method. Any
                verification under the preceding sentence shall be treated
                for all purposes (including penalties for perjury) in the
                same manner as a verification by signature.
                    (C) As used in this paragraph, the term ``report''
                means, with respect to the Commission, a report,
                designation, or statement required by this Act to be filed
                with the Commission.
                (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;

                                    (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

    [[Page 369]]

                                    (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
                                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;

                                    (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;

    [[Page 370]]

                                            (iii) independent expenditures;

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

                                            (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 anther political
                                party committee, regardless of whether such
                                committees are affiliated, together with the
                                date and amount of such transfers;

                                    (D) person who receives 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 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;

    [[Page 371]]

                                    (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 reported within 24 hours
                after such independent expenditure is made. Such statement
                shall be filed with 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 inde

    [[Page 372]]

                pendent 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. (Pub. L. 92-225, Title III, Sec. 304, Feb.
                7, 1972, 86 Stat. 14; Pub. L. 93-443, Title II, Sec. 204(a)-
                (d), 208(c)(4), Oct. 15, 1974, 88 Stat. 1276-1278, 1286;
                Pub. L. 94-283, Title I, Sec. 104, May 11, 1976, 90 Stat.
                480; Pub. L. 96-187, Title I, Sec. 104, Jan. 8, 1980, 93
                Stat. 1348; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
                2095; Pub. L. 104-79, Sec. 1(a), 3(b), Dec. 28, 1995, 109
                Stat. 791, 792; Pub. L. 106-58, Title VI, Sec. 639(a),
                641(a), Sept. 29, 1999, 113 Stat. 476, 477.)
                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
        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.)
      399.14-3
      399.14-3  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 des

    [[Page 373]]

                ignees, 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 a
                single term 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.
                (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

    [[Page 374]]

                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 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.

    [[Page 375]]

                    (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; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
                2095; Pub. L. 105-61, Title V, Sec. 512(a), Oct. 10, 1997,
                111 Stat. 1305.)
      399.14-4
      399.14-4  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 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.

    [[Page 376]]

                (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; Pub. L. 99-514, Sec. 2, Oct. 22,
                1986, 100 Stat. 2095.)
                Sec. 437e. (Repealed.)

      399.14-6
      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 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.

    [[Page 377]]

                    (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, Sec. Sec. 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;
                Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
                Sec. 437e. (Repealed).

      399.14-7
      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

    [[Page 378]]

                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
                identity 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) and
                subparagraph (C), 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 further
                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

    [[Page 379]]

                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.
                    (C)(i) Notwithstanding subparagraph (A), in the case of
                a violation of any requirement of section 434(a) of this
                title, the Commission may--
                                (I) find that a person committed such a
                            violation on the basis of information obtained
                            pursuant to the procedures described in
                            paragraphs (1) and (2); and
                                (II) based on such finding, require the
                            person to pay a civil money penalty in an amount
                            determined under a schedule of penalties which
                            is established and published by the Commission
                            and which takes into account the amount of the
                            violation involved, the existence of previous
                            violations by the person, and such other factors
                            as the Commission considers appropriate.
                    (ii) The Commission may not make any determination
                adverse to a person under clause (i) until the person has
                been given written notice and an opportunity to be heard
                before the Commission.
                    (iii) Any person against whom an adverse determination
                is made under this subparagraph may obtain a review of such
                determination in the district court of the United States for
                the district in which the person resides, or transacts
                business, by filing in such court (prior to the expiration
                of the 30-day period which begins on the date the person
                receives notification of the determination) a written
                petition requesting that the determination be modified or
                set aside.
                    (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

    [[Page 380]]

                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), 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 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 (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 complainant,
                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)

    [[Page 381]]

                    (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.
                    (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 441b(b)(3) of this title, 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.

    [[Page 382]]

                    (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 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; Pub
                L. 98-620, Title IV, Sec. 402(1)(A), Nov. 8, 1984, 98 Stat.
                3357; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
                Pub. L. 106-58, Title VI, Sec. 640(a)(b), Sept. 29, 1999,
                113 Stat. 476, 477.)

      399.14-8
      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
        399.15  Sec. 438. Administrative provisions.
                (a) Duties of Commission
                    The Commission shall--
                                (1) prescribe forms necessary to implement
                            this Act;

    [[Page 383]]

                                (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) within 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
                            addresses of contributors, provided such
                            committee attaches a list of such pseudonyms to
                            the appropriate report. The 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)
                            of this section;
                                (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

    [[Page 384]]

                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.
                (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
                it is not in

    [[Page 385]]

                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 96 of title 26.
                (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) (7)-(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; Pub. L. 99-514, Sec. 2, Oct.
                22, 1986, 100 Stat. 2095; Pub. L. 104-79, Sec. 3(c), Dec.
                28, 1995, 109 Stat. 792.)
        399.16
        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--

    [[Page 386]]

                                (1) receive and maintain in an orderly
                            manner an 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.
                    (c) Subsections (a) and (b) of this section shall not
                apply with respect to any State that, as determined by the
                Commission, has a system that permits electronic access to,
                and duplication of, reports and statements that are filed
                with the Commission. (Pub. L. 92-225, Title III, Sec. 312,
                formerly Sec. 309, as added Pub. L. 93-433 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, Sec. Sec. 105(4), 110, Jan. 8, 1980, 93 Stat.
                1354, 1364; Pub. L. 104-79, Sec. 2, Dec. 28, 1995, 109 Stat.
                791.)
      399.16-1
      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. 1288, 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. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
                2095; Pub. L. 101-194, Title V, Sec. 504(a), Nov. 30, 1989,
                103 Stat. 1755.)
                Sec. 439b. (Repealed.)

      399.16-3
      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

    [[Page 387]]

                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 (438(a)(10) of this title) for the
                fiscal year ending September 30, 1981. (Pub. L. 92-225,
                Title III, Sec. 314, formerly Sec. 320, as added Pub. L. 93-
                443, Title II, Sec. 210, Oct. 15, 1974, 88 Stat. 1289;
                renumbered Sec. 319 and amended Pub. L. 94-283, Title I,
                Sec. 105; 113, May 11, 1976, 90 Stat. 481, 495; Pub. L. 95-
                127, Oct. 12, 1977, 91 Stat. 1110; renumbered Sec. 314, Pub.
                L. 96-187, Title I, Sec. 105(5), Jan. 8, 1980, 93 Stat.
                1354; Pub. L. 96-253, May 29, 1980, 94 Stat. 398; Pub. L.
                99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
                Sec. 440. (Repealed.)
                Sec. 441. (Repealed.)

        399.17
        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
                            committees 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.

    [[Page 388]]

                    (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 95 or chapter 96
                of title 26. 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

    [[Page 389]]

                            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 title 26
                (relating to condition for eligibility for payments) or
                under section 9033 of title 26 (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 of 16 cents multiplied by the voting
                            age population of the State (as certified under
                            subsection (e) of this section), 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
                    (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 per-cent 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

    [[Page 390]]

                                (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) of this
                section). 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.
                    (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) of this section); 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.

    [[Page 391]]

                (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. 486; Jan. 8, 1980, Pub. L. 96-
                187, Title I, Sec. 105(5), 93 Stat. 1354; Pub. L. 99-514,
                Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
      399.17-1
      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

    [[Page 392]]

                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;
                                (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 con

    [[Page 393]]

                tributions 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
                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, Sec. Sec. 105(5), 112(d), Jan. 8, 1980,
                93 Stat. 1354, 1366.)
      399.17-2
      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
                pur

    [[Page 394]]

                pose 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) of this title. (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.)
      399.17-3
      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
      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--

    [[Page 395]]

                                (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
      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 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
      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
      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
      399.17-8  Sec. 441i. (Repealed.) (Pub. L. 102-90, Sec. 6(d), Aug. 14,
                    1991, 105 Stat. 451)
                Sec. 441j. (Repealed.)

        399.19
        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

    [[Page 396]]

                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.)

                             Subchapter II.--General Provisions

        399.20
        399.20  Sec. 451. Extension of credit by regulated industries;
                    regulations.
                    The Secretary of Transportation, the Federal
                Communications Commission, and the Surface Transportation
                Board shall each maintain,\1\ its own regulations with
                respect to the extension of credit, without security, by any
                person regulated by the Secretary under subpart II of part A
                of subtitle VII of title 49, or such Commission or Board, 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.
                Pub. L. 92-225, Title IV, Sec. 401, Feb. 7, 1972, 86 Stat.
                19; Pub. L. 93-443, Title II, Sec. 201(b)(1), Oct. 15, 1974,
                88 Stat. 1275; Pub. L. 103-272, Sec. 4(a), July 5, 1994, 108
                Stat. 1360; Pub. L. 104-88, Title III, Sec. 313, Dec. 29,
                1995, 109 Stat. 948: Pub. L. 104-287, Sec. 6(g), Oct. 11,
                1996, 110 Stat. 3399.)
                    \1\ So in original. The comma probably should not
                    appear.
        399.21
        399.21  Sec. 452. Prohibition against use of certain Federal funds
                    for election activities.
                    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
        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
        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.)

    [[Page 397]]

      399.23-1
      399.23-1  Sec. 455. Period of limitations.
                    (a) 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) 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, 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 January 1,
                1975. (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
        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 assessment of matters pending
                                before the Congress, particularly in those
                                instances where the Federal Government may
                                be called upon to consider support for, or
                                manage

    [[Page 398]]

                                ment or regulation of, technological
                                applications. (Oct. 13, 1972, Pub. L. 92-
                                484, Sec. 2, 86 Stat. 797.)

        399.25
        399.25  Sec. 472. Office of Technology Assessment.
                    (a) In accordance with the findings and declaration of
                purpose, in section 471 of this title, 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.
                    (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 technological
                            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
        399.26  Sec. 473. Technology Assessment Board.
                    (a) The Board shall consist of thirteen members as
                follows:

    [[Page 399]]

                                (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.
                    (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 administer oaths or affirmations
                to witnesses. (Oct. 13, 1972, Pub. L. 92-484, Sec. 4, 86
                Stat. 798.)
        399.27
        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.

    [[Page 400]]

                    (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
        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 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 per

    [[Page 401]]

                sonnel 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
        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:
                                (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) of this title;
                                (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 perform

    [[Page 402]]

                ance 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
        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 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
        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
        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

    [[Page 403]]

                                (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
        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 submitted
                not later than March 15 of each year. (Oct. 13, 1972, Pub.
                L. 92-484, Sec. 11, 86 Stat. 802.)
        399.34
        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

        399.35
        399.35  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
                    \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.
                    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.
                (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

    [[Page 404]]

                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 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(b), 88 Stat.
                52.)

    [[Page 405]]

                          Chapter 17.--CONGRESSIONAL BUDGET OFFICE

        399.36
        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 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 shall be 4 years
                and shall expire on January 3 of the year preceding each
                Presidential election. 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) (A) The Director shall receive compensation at an
                annual rate of pay that is equal to the lower of--
                                (i) the highest annual rate of compensation
                            of any officer of the Senate; or
                                (ii) the highest annual rate of compensation
                            of any officer of the House of Representatives.
                    (B) The Deputy Director shall receive compensation at an
                annual rate of pay that is $1,000 less than the annual rate
                of pay received by the Director, as determined under
                subparagraph (A).
                (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 basis 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 con

    [[Page 406]]

                sultants, 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 agencies 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, and the Library of Congress, and (upon
                agreement with them) to utilize their services, facilities,
                and personnel with or without reimbursement. The Comptroller
                General, and the Librarian of Congress, 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) 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.
                (g) Authorization of appropriations
                    There are authorized to be appropriated to the Office
                for each fiscal year such sums as may be necessary to enable
                it to carry out its duties and functions. Until sums are
                first appropriated pursuant to the preceding sentence, but
                for a period not exceeding 12 months following the effective
                date of this subsection, the expenses of the Office shall be
                paid from the contingent fund of the Senate, in accordance
                with

    [[Page 407]]

                section 68 of this title, and upon vouchers approved by the
                Director. (Pub. L. 93-344, Title II, Sec. 201, July 12,
                1974, 88 Stat. 302; Pub. L. 99-177, Title II, Sec. 273, Dec.
                12, 1985, 99 Stat. 1098; Pub. L. 101-508, Title XIII,
                Sec. 13202, Nov. 5, 1990, 104 Stat. 1388-615; Pub. L. 105-
                33, Title X, Sec. 10102, Aug. 5, 1997, 111 Stat. 678; Pub.
                L. 106-113, div. B, Sec. 1000(a)(5), Nov. 29, 1999, 113
                Stat. 1536, 1501A-299.)
        399.37
        399.37  Sec. 602. Duties and functions.
                (a) Assistance to budget committees
                    It shall be the primary 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
                Committee 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 committee of the Senate or the
                House of Representatives, the Office shall, to the extent
                practicable, consult with and assist such committee in
                analyzing the budgetary or financial impact of any proposed
                legislation that may have--
                                (A) a significant budgetary impact on State,
                            local, or tribal governments;
                                (B) a significant financial impact on the
                            private sector; or
                                (C) a significant employment impact on the
                            private sector.
                    (3) 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

    [[Page 408]]

                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) 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), (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,
                and (C) a statement of the levels of budget authority and
                outlays for each program assumed to be extended in the
                baseline, as provided in section 257(b)(2)(A) and for excise
                taxes assumed to be extended under section 257(b)(2)(C) of
                the Balanced Budget and Emergency Deficit Control Act of
                1985. 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.
                (f) 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
                Oversight of the House of Representatives and the Committee
                on Rules and Administration of the Senate), obtain the
                services of experts and consultants in computer

    [[Page 409]]

                technology, and develop techniques for the evaluation of
                budgetary requirements.
                (g) Studies
                    (1) Continuing studies
                                The Director of the Congressional Budget
                            Office shall conduct continuing studies to
                            enhance comparisons of budget outlays, credit
                            authority, and tax expenditures.
                    (2) Federal mandate studies
                                (A) At the request of any Chairman or
                            ranking member of the minority of a Committee of
                            the Senate or the House of Representatives, the
                            Director shall, to the extent practicable,
                            conduct a study of a legislative proposal
                            containing a Federal mandate.
                                (B) In conducting a study on
                            intergovernmental mandates under subparagraph
                            (A), the Director shall--

                                    (i) solicit and consider information or
                                comments from elected officials (including
                                their designated representatives) of State,
                                local, or tribal governments as may provide
                                helpful information or comments;

                                    (ii) consider establishing advisory
                                panels of elected officials or their
                                designated representatives, of State, local,
                                or tribal governments if the Director
                                determines that such advisory panels would
                                be helpful in performing responsibilities of
                                the Director under this section; and

                                    (iii) if, and to the extent that the
                                Director determines that accurate estimates
                                are reasonably feasible, include estimates
                                of--

                                            (I) the future direct cost of
                                        the Federal mandate to the extent
                                        that such costs significantly differ
                                        from or extend beyond the 5-year
                                        period after the mandate is first
                                        effective; and

                                            (II) any disproportionate
                                        budgetary effects of Federal
                                        mandates upon particular industries
                                        or sectors of the economy, States,
                                        regions, and urban or rural or other
                                        types of communities, as
                                        appropriate.

                                (C) In conducting a study on private sector
                            mandates under subparagraph (A), the Director
                            shall provide estimates, if and to the extent
                            that the Director determines that such estimates
                            are reasonably feasible, of--

                                    (i) future costs of Federal private
                                sector mandates to the extent that such
                                mandates differ significantly from or extend
                                beyond the 5-year time period referred to in
                                subparagraph (B)(iii)(I);

                                    (ii) any disproportionate financial
                                effects of Federal private sector mandates
                                and of any Federal financial assistance in
                                the bill or joint resolution upon any
                                particular industries or sectors of the
                                economy, States, regions, and urban or rural
                                or other types of communities; and

                                    (iii) the effect of Federal private
                                sector mandates in the bill or joint
                                resolution on the national economy,
                                including the effect on productivity,
                                economic growth, full employment, creation
                                of productive jobs, and international
                                competitiveness of United States goods and
                                services. (Pub. L. 93-344, Title II,
                                Sec. 202(a)-(e)(1), (f), (g), July 12, 1974,
                                88 Stat. 304, 305; Pub. L. 99-

    [[Page 410]]

                                177, Title II, Sec. 221, Dec. 12, 1985, 99
                                Stat. 1060; Pub. L. 101-508, Title XIII,
                                Sec. 13112(a)(3), Nov. 5, 1990, 104 Stat.
                                1388-608; Pub. L. 104-4, Title I,
                                Sec. 102(1), Mar. 22, 1995, 109 Stat. 60;
                                Pub. L. 104-186, Title II, Sec. 213, Aug.
                                20, 1996, 110 Stat. 1745; Pub. L. 105-33,
                                Title X, Sec. 10103, Aug. 5, 1997, 111 Stat.
                                678.)

        399.38
        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 under section 601(d) and
                (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; or
                                (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. (Pub. L. 93-344,
                Title II, Sec. 203, July 12, 1974, 88 Stat. 305.)

    [[Page 411]]

                                       Effective Date
                    Section effective on the day on which the first Director
                of the Congressional Budget Office is appointed under
                section 601(a) of this title, see section 905(b) of Pub. L.
                93-344, set out as a note under section 621 of this title.
       399.38a
       399.38a  Sec. 604. Omitted.
                                        Codification
                    Section, Pub. L. 94-440, Title V, Sec. 500, Oct. 1,
                1976, 90 Stat. 1452, the Legislative Appropriation Act,
                1977, which authorized the Congressional Budget Office to
                contract without regard to section 5 of Title 41, Public
                Contracts, applied to fiscal year 1977 and was not repeated
                in subsequent appropriation acts.
       399.38b
       399.38b  Sec. 605. Sale or lease of property, supplies, or services.
                    (a) Any sale or lease of property, supplies, or services
                to the Congressional Budget Office shall be deemed to be a
                sale or lease to the Congress subject to section 903 of the
                Supplemental Appropriations Act, 1983 (2 U.S.C. 111b).
                    (b) Subsection (a) shall apply with respect to fiscal
                years beginning after September 30, 1996. (Pub. L. 104-197,
                Title I, Sec. 104, Sept. 16, 1996, 110 Stat. 2404.)
                                        Codification
                    Section was enacted as part of the appropriation act
                cited as the credit to this section, and not as part of
                title II of the Congressional Budget and Impoundment Control
                Act of 1974 which comprises this chapter.
       399.38c
       399.38c  Sec. 606. Disposition of surplus or obsolete personal
                    property.
                    (a) The Director of the Congressional Budget Office
                shall have the authority, within the limits of available
                appropriations, to dispose of surplus or obsolete personal
                property by inter-agency transfer, donation, or discarding.
                    (b) Subsection (a) shall apply with respect to fiscal
                years beginning after September 30, 1996. (Pub. L. 104-197,
                Title I, Sec. 105, Sept. 16, 1996, 110 Stat. 2404.)
                                        Codification
                    Section was enacted as part of the appropriation act
                cited as the credit to this section, and not as part of
                title II of the Congressional Budget and Impoundment Control
                Act of 1974 which comprises this chapter.
       399.38d
       399.38d  Sec. 607. Lump-sum payments to separated employees for
                    unused annual leave.
                    (a) The Director of the Congressional Budget Office
                shall have the authority to make lump-sum payments to
                separated employees of the Congressional Budget Office for
                unused annual leave.
                    (b) Subsection (a) shall apply with respect to fiscal
                years beginning after September 30, 1996. (Pub. L. 104-197,
                Title I, Sec. 106, Sept. 16, 1996, 110 Stat. 2404.)

    [[Page 412]]

                                        Codification
                    Section was enacted as part of the appropriation act
                cited as the credit to this section, and not as part of
                Title II of the Congressional Budget and Impoundment Control
                Act of 1974 which comprises this chapter.

                  Chapter 17A.--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

      399.39-1
      399.39-1  Sec. 621. Congressional declaration of purpose.
                    The Congress declares that it is essential--
                                (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.)
                                        Codification
                    This section was formerly classified to section 1301 of
                title 31 prior to the general revision and enactment of
                title 31, Money and Finance by Pub. L. 97-258, Sec. 1, Sept.
                13, 1982, 96 Stat. 877.
      399.39-2
      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

    [[Page 413]]

                                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's \1\ a result of a
                                        reappropriation; or

                    \1\ So in original. Probably should be ``as''.

                                            (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 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);

    [[Page 414]]

                                (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 of the
                            United States Code.
                    (9) The term ``entitlement authority'' means--
                                (A) the authority 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 that authority, the United States is
                            obligated to make such payments to persons or
                            governments who meet the requirements
                            established by that law; and
                                (B) the food stamp program.
                    (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; Aug. 1, 1946, ch. 724, Title I,
                Sec. 302(c), as added Aug. 30, 1954, ch. 1073, Sec. 1, as
                added 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. 99-514, Sec. 2, Oct. 22,
                1986, 100 Stat. 2095; 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),
                13211(a), Nov. 5, 1990, 104 Stat. 1388-607, Secs. 1388-614,
                1388-620; Pub. L. 102-486, Title IX, Sec. 902(a)(8), Oct.
                24, 1992, 106 Stat. 2944; Pub. L. 105-33, Title X,
                Sec. 10101, Aug. 5, 1997, 111 Stat. 678.)
      399.39-3
      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.)

    [[Page 415]]

                         Subchapter I.--Congressional Budget Process

      399.39-4
      399.39-4  Sec. 631. Timetable.
                    The timetable with respect to the congressional budget
                process for any fiscal year is as follows:

    ------------------------------------------------------------------------
                                On or before:        Action to be completed:
    ------------------------------------------------------------------------
                          First Monday in February  President submits his
                                                     budget.
                          February 15.............  Congressional Budget
                                                     Office submits report
                                                     to Budget Committees.
                          Not later than 6 weeks    Committees submit views
                           after President submits   and estimates to Budget
                           Budget.                   Committees.
                          April 1.................  Senate Budget Committee
                                                     reports concurrent
                                                     resolution on the
                                                     budget.
                          April 15................  Congress completes
                                                     action on concurrent
                                                     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.
                          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,
                13112(a)(4), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L. 105-
                33, Title X, Sec. 10104(a), Aug. 5, 1997, 111 Stat. 679.)

      399.39-5
      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 for
                at least each of the 4 ensuing fiscal years for the
                following--
                                (1) totals of new budget authority and
                            outlays;
                                (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 and outlays for
                            each major functional category, based on
                            allocations of the total levels set forth
                            pursuant to paragraph (1);
                                (5) the public debt;
                                (6) For \1\ 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. 401

    [[Page 416]]

                            et seq.] for the fiscal year of the resolution
                            and for each of the 4 succeeding fiscal years;
                            and
                    \1\ So in original. Probably should be ``for''.
                                (7) For \1\ 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 (and the related provisions of
                            title 26) for the fiscal year of the resolution
                            and for each of the 4 succeeding fiscal years.
                    \1\ So in original. Probably should be ``for''.

                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. 401 et seq.] or the related
                provisions of title 26 in the surplus or deficit totals
                required by this subsection or in any other 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.
                            1022a(b)] should be achieved;
                                (2) include reconciliation directives
                            described in section 641 of this title;
                                (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 procedures in the Senate
                            whereby committee allocations, aggregates, and
                            other levels can be revised for legislation if
                            that legislation would not increase the deficit,
                            or would not increase the deficit when taken
                            with other legislation enacted after the
                            adoption of the resolution, for the first fiscal
                            year or the total period of fiscal years covered
                            by the resolution;
                                (8) set forth procedures to effectuate pay-
                            as-you-go in the House of Representatives; and
                                (9) set forth direct loan obligation and
                            primary loan guarantee commitment levels.

    [[Page 417]]

                (c) Consideration of procedures or matters which have effect
                    of changing any rule of House
                    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 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) of title 31, or at such time as may be
                requested by the Committee on the Budget, 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. 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. Any Committee
                of the House of Representatives or the Senate that
                anticipates that the committee will consider any proposed
                legislation establishing, amending, or reauthorizing any
                Federal program likely to have a significant budgetary
                impact on any State, local, or tribal government, or likely
                to have a significant financial impact on the private
                sector, including any legislative proposal submitted by the
                executive branch likely to have such a budgetary or
                financial impact, shall include its views and estimates on
                that proposal to the Committee on the Budget of the
                applicable House.
                (e) Hearings and report
                    (1) In general
                                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

    [[Page 418]]

                            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
                            concurrent resolution are designed to achieve
                            any goals it is recommending.
                    (2) Required contents of report
                    The report accompanying the resolution shall include--
                                (A) a comparison of the levels of total new
                            budget authority, total outlays, total revenues,
                            and the surplus or deficit for each fiscal year
                            set forth in the resolution with those requested
                            in the budget submitted by the President;
                                (B) with respect to each major functional
                            category, an estimate of total new budget
                            authority and total outlays, with the estimates
                            divided between discretionary and mandatory
                            amounts;
                                (C) the economic assumptions that underlie
                            each of the matters set forth in the resolution
                            and any alternative economic assumptions and
                            objectives the committee considered;
                                (D) 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 resolution;
                                (E) the estimated levels of tax expenditures
                            (the tax expenditures budget) by major items and
                            functional categories for the President's budget
                            and in the resolution; and
                                (F) allocations described in section 633(a)
                            of this title.
                    (3) Additional contents of report
                    The report accompanying the resolution may include--
                                (A) a statement of any significant changes
                            in the proposed levels of Federal assistance to
                            State and local governments;
                                (B) an allocation of the level of Federal
                            revenues recommended in the resolution among the
                            major sources of such revenues;
                                (C) information, data, and comparisons on
                            the share of total Federal budget outlays and of
                            gross domestic product devoted to investment in
                            the budget submitted by the President and in the
                            resolution;
                                (D) the assumed levels of budget authority
                            and outlays for public buildings, with a
                            division between amounts for construction and
                            repair and for rental payments; and
                                (E) other matters, relating to the budget
                            and to fiscal policy, that the committee deems
                            appropriate.
                (f) Achievement of goals for reducing unemployment
                    (1) If, pursuant to section 4(c) of the Employment Act
                of 1946 [15 U.S.C. 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. 1022a(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.
                    (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. 1022a(b)] can be achieved,
                if, pursuant to section 4(e) of such Act [15 U.S.C.

    [[Page 419]]

                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 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) and 4(b) of the Employment Act of 1946 [15 U.S.C.
                1022(a)(2), 1022a(b)]) 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 and IV 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) Social security point of order
                    It shall not be in order in the Senate to consider any
                concurrent resolution on the budget (or amendment, motion,
                or conference report on the resolution) 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 shall be treated as affecting the amount of
                social security revenues 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. 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

    [[Page 420]]

                V, Sec. 5302, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 101-
                508, Title XIII, Sec. 13112(a)(5), 13203, 13204, 13301(b),
                13303(a), (b), Nov. 5, 1990, 104 Stat. 1388-608, 1388-615,
                1388-616, 1388-623, 1388-625; Pub. L. 104-4, Title I,
                Sec. 102(2), Mar. 22, 1995, 109 Stat. 62; Pub. L. 105-33,
                Title X, Sec. 10105(a)-(f)(1), Aug. 5, 1997, 111 Stat. 679.)
      399.39-6
      399.39-6  Sec. 633. Committee allocations.
                (a) Committee spending allocations
                    (1) Allocation among committees
                                The joint explanatory statement accompanying
                            a conference report on a concurrent resolution
                            on the budget shall include an allocation,
                            consistent with the resolution recommended in
                            the conference report, of the levels for the
                            first fiscal year of the resolution, for at
                            least each of the ensuing 4 fiscal years, and a
                            total for that period of fiscal years (except in
                            the case of the Committee on Appropriations only
                            for the fiscal year of that resolution) of--
                                (A) total new budget authority; and
                                (B) total outlays;

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

                    (2) No double counting
                                In the House of Representatives, any item
                            allocated to one committee may not be allocated
                            to another committee.
                    (3) Further division of amounts
                                (A) In the Senate

                                    In the Senate, the amount allocated to
                                the Committee on Appropriations shall be
                                further divided among the categories
                                specified in section 250(c)(4) of the
                                Balanced Budget and Emergency Deficit
                                Control Act of 1985 [2 U.S.C. 900(c)(4)] and
                                shall not exceed the limits for each
                                category set forth in section 251(c) of that
                                Act [2 U.S.C. 901(c)].

                                (B) In the House

                                    In the House of Representatives, 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 shall be further
                                divided--

                                    (i) between discretionary and mandatory
                                amounts or programs, as appropriate; and

                                    (ii) consistent with the categories
                                specified in section 250(c)(4) of the
                                Balanced Budget and Emergency Deficit
                                Control Act of 1985 [2 U.S.C. 900(c)(4)].

                    (4) Amounts not allocated
                                In the House of Representatives or the
                            Senate, if a committee receives no allocation of
                            new budget authority or outlays, that committee
                            shall be deemed to have received an allocation
                            equal to zero for new budget authority or
                            outlays.
                    (5) Adjusting allocation of discretionary spending in
                the House of Representatives
                                (A) If a concurrent resolution on the budget
                            is not adopted by April 15, the chairman of the
                            Committee on the Budget of the

    [[Page 421]]

                            House of Representatives shall submit to the
                            House, as soon as practicable, an allocation
                            under paragraph (1) to the Committee on
                            Appropriations consistent with the discretionary
                            spending levels in the most recently agreed to
                            concurrent resolution on the budget for the
                            appropriate fiscal year covered by that
                            resolution.
                                (B) As soon as practicable after an
                            allocation under paragraph (1) is submitted
                            under this section, the Committee on
                            Appropriations shall make suballocations and
                            report those suballocations to the House of
                            Representatives.
                (b) Suballocations by Appropriations Committees
                    As soon as practicable after a concurrent resolution on
                the budget 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) of this section among its subcommittees. Each Committee
                on Appropriations shall promptly report to its House
                suballocations made or revised under this subsection. The
                Committee on Appropriations of the House of Representatives
                shall further divide among its subcommittees the divisions
                made under subsection (a)(3)(B) of this section and promptly
                report those divisions to the House.
                (c) Point of order
                    After the Committee on Appropriations has received an
                allocation pursuant to subsection (a) of this section for a
                fiscal year, 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 within
                the jurisdiction of that committee providing new budget
                authority for that fiscal year, until that committee makes
                the suballocations required by subsection (b) of this
                section.
                (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 the 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 any fiscal year, or any conference
                            report on any such bill or joint resolution,
                            if--

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

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

    [[Page 422]]

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

                would cause the applicable allocation of new budget
                authority made under subsection (a) or (b) of this section
                for the first fiscal year or the total of fiscal years to be
                exceeded.

                    (2) In the Senate
                                After a concurrent resolution on the budget
                            is agreed to, it shall not be in order in the
                            Senate to consider any bill, joint resolution,
                            amendment, motion, or conference report that
                            would cause--

                                    (A) in the case of any committee except
                                the Committee on Appropriations, the
                                applicable allocation of new budget
                                authority or outlays under subsection (a) of
                                this section for the first fiscal year or
                                the total of fiscal years to be exceeded; or

                                    (B) in the case of the Committee on
                                Appropriations, the applicable suballocation
                                of new budget authority or outlays under
                                subsection (b) of this section to be
                                exceeded.

                (g) Pay-as-you-go exception in the House
                    (1) In general
                                (A) Subsection (f)(1) of this section and,
                            after April 15, section 634(a) of this title
                            shall not apply to any bill or joint resolution,
                            as reported, amendment thereto, or conference
                            report thereon if, for each fiscal year covered
                            by the most recently agreed to concurrent
                            resolution on the budget--

                                    (i) the enactment of that bill or
                                resolution as reported;

                                    (ii) the adoption and enactment of that
                                amendment; or

                                    (iii) the enactment of that bill or
                                resolution in the form recommended in that
                                conference report,

                would not increase the deficit, 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 632(b)(8) of this title, if
                included in that concurrent resolution.

                                (B) Section 642(a) of this title, as that
                            section applies to revenues, 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--

                                    (i) the enactment of that bill or
                                resolution as reported;

                                    (ii) the adoption and enactment of that
                                amendment; or

                                    (iii) the enactment of that bill or
                                resolution in the form recommended in that
                                conference report,

                would not increase the deficit, and, if the sum of any
                outlay reductions provided in legislation already enacted
                during the current session (when added to outlay reductions,
                if any, in excess of any revenue reduction 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 outlays should be reduced as required by
                that concurrent resolution and the amount, if any, by which
                outlays are to be reduced pursuant to pay-as-you-go
                procedures under section 632(b)(8) of this title, if
                included in that concurrent resolution.

    [[Page 423]]

                    (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
                            subsection (f)(1) of this section but for the
                            exception provided in paragraph (1)(A) or would
                            have been subject to a point of order under
                            section 642(a) of this title but for the
                            exception provided in paragraph (1)(B), the
                            chairman of the committee on the Budget of the
                            House of Representatives shall 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.
                                (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 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), (3), 13207(a)(1)(A), (B), (2),
                            13303(c), Nov. 5, 1990, 104 Stat. 1388-608,
                            1388-614, 1388-617, 1388-618, 1388-625; Pub. L.
                            105-33, Title X, Sec. 10106, Aug. 5, 1997, 111
                            Stat. 680.)
      399.39-7
      399.39-7  Sec. 634. Concurrent resolution on the budget must be
                    adopted before budget-related legislation is considered.
                (a) In general
                    Until the concurrent resolution on the budget for a
                fiscal year has been agreed to, it shall not be in order in
                the House of Representatives, with respect to the first
                fiscal year covered by that resolution, or the Senate, with
                respect to any fiscal year covered by that resolution, to
                consider any bill or joint resolution, amendment or motion
                thereto, or conference report thereon that--
                                (1) first provides new budget authority for
                            that fiscal year;
                                (2) first provides an increase or decrease
                            in revenues during that fiscal year;
                                (3) provides an increase or decrease in the
                            public debt limit to become effective during
                            that fiscal year;
                                (4) in the Senate only, first provides new
                            entitlement authority for that fiscal year; or
                                (5) in the Senate only, first provides for
                            an increase or decrease in outlays for that
                            fiscal year.
                (b) Exceptions in the House
                    In the House of Representatives, subsection (a) of this
                section does not apply--
                                (1)(A) to any bill or joint resolution, as
                            reported, providing advance discretionary new
                            budget authority that first becomes available
                            for the first or second fiscal year after the
                            budget year; or
                                (B) to any bill or joint resolution, as
                            reported, first increasing or decreasing
                            revenues in a fiscal year following the fiscal
                            year to which the concurrent resolution applies;
                                (2) after May 15, to any general
                            appropriation bill or amendment thereto; or
                                (3) to any bill or joint resolution unless
                            it is reported by a committee.

    [[Page 424]]

                (c) Application to appropriation measures in the Senate
                    (1) In general
                                Until the concurrent resolution on the
                            budget for a fiscal year has been agreed to and
                            an allocation has been made to the Committee on
                            Appropriations of the Senate under section
                            633(a) of this title for that year, it shall not
                            be in order in the Senate to consider any
                            appropriation bill or joint resolution,
                            amendment or motion thereto, or conference
                            report thereon for that year or any subsequent
                            year.
                    (2) Exception
                                Paragraph (1) does not apply to
                            appropriations legislation making advance
                            appropriations for the first or second fiscal
                            year after the year the allocation referred to
                            in that paragraph is made. (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; Pub. L. 105-33,
                            Title X, Sec. 10107(a), Aug. 5, 1997, 111 Stat.
                            683.)
      399.39-8
      399.39-8  Sec. 635. Permissible revisions of concurrent resolutions on
                    the budget.
                    At any time after the 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. (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; Pub. L. 105-33, Title X, Sec. 10108, Aug. 5, 1997, 111
                Stat. 684.)
      399.39-9
      399.39-9  Sec. 636. Provisions relating to consideration of concurrent
                    resolutions on the budget.
                (a) Procedure in House after report of Committee; debate
                    (1) When a concurrent resolution on the budget has been
                reported by the Committee on the Budget of the House of
                Representatives and has been referred to the appropriate
                calendar of the House, it shall be in order on any day
                thereafter, subject to clause 2(l)(6) of rule XI of the
                Rules of the House of Representatives, 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.

    [[Page 425]]

                    (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)(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, 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 \1\
                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 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.
                    \1\ Recodified at the beginning of the 106th Congress as
                    rule XVIII.
                    (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,

    [[Page 426]]

                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,
                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.

    [[Page 427]]

                    (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--
                                (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. (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, Sec. 13209,
                            13210(1), Nov. 5, 1990, 104 Stat. 1388-619,
                            1388-620; Pub. L. 105-33, Title X,
                            Sec. 10109(a), Aug. 5, 1997, 111 Stat. 684.)
     399.39-10
     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
     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 appropriation bills providing new budget authority
                under the jurisdiction of all of its sub

    [[Page 428]]

                committees 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
     399.39-12  Sec. 639. Reports, summaries, and projections of
                    Congressional budget actions.
                (a) Reports on legislation providing new budget authority or
                    providing increase or decrease in revenues or tax
                    expenditures
                    (1) Whenever a committee of either House reports to its
                House a bill or joint resolution, or committee amendment
                thereto, providing new budget authority (other than
                continuing appropriations) or providing an increase or
                decrease in revenues or tax expenditures for a fiscal year
                (or fiscal years), the report accompanying that bill or
                joint 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 for
                            the most recently agreed to concurrent
                            resolution on the budget for such fiscal year
                            (or fiscal years);
                                (B) containing a projection by the
                            Congressional Budget Office of how such measure
                            will affect the levels of such budget authority,
                            budget outlays, revenues, or tax expenditures
                            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
                                (C) 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 joint
                resolution provides new budget authority (other than
                continuing appropriations) 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 tabulations 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 joint resolutions providing new budget
                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 joint

    [[Page 429]]

                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 the first 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;
                                (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; and
                                (4) entitlement authority for each fiscal
                            year in such period. (Pub. L. 93-444, Title III,
                            Sec. 308, July 12, 1974, 88 Stat. 31-313; 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;
                            Pub. L. 105-33, Title X, Sec. 10110, Aug. 5,
                            1997, 111 Stat. 685.)
     399.39-13
     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
     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;

    [[Page 430]]

                                    (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;
                                (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
                            deficit 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

    [[Page 431]]

                                            (I) in the Senate, 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; or

                                            (II) in the House of
                                        Representatives, 20 percent of the
                                        sum of the absolute value of the
                                        changes the committee was directed
                                        to make under paragraph (1) and the
                                        absolute value of the changes the
                                        committee was directed to make under
                                        paragraph (2); 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

                                            (I) in the Senate, 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; or

                                            (II) in the House of
                                        Representatives, 20 percent of the
                                        sum of the absolute value of the
                                        changes the committee was directed
                                        to make under paragraph (1) and the
                                        absolute value of the changes the
                                        committee was directed to make under
                                        paragraph (2); 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 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),

    [[Page 432]]

                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.
                    (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.

    [[Page 433]]

                (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 907d 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. 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. 13112(a)(9), 13207(c), (d), 13210(2), Nov.
                5, 1990, 104 Stat. 1388-608, 1388-618, 1388-619, 1388-620;
                Pub. L. 105-33, Title X, Sec. 10111, Aug. 5, 1997, 111 Stat.
                685.)
     399.39-15
     399.39-15  Sec. 642. Budget-related legislation must be within
                    appropriate levels.
                (a) Enforcement of budget aggregates
                    (1) In the House of Representatives
                                Except as provided by subsection (c) 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 the
                            House of Representatives to consider any bill,
                            joint resolution, amendment, motion, or
                            conference report providing new budget authority
                            or reducing revenues, if--

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

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

                                    (C) the enactment of that bill or
                                resolution in the form recommended in that
                                conference report;

                would cause the level of total new budget authority or total
                outlays set forth in the applicable concurrent resolution on
                the budget for the first fiscal year to be exceeded, or
                would cause revenues to be less than the level of total
                revenues set forth in that concurrent resolution for the
                first fiscal year or for the total of that first fiscal year
                and the ensuing fiscal years for which allocations are
                provided under section 633(a) of this title, except when a
                declaration of war by the Congress is in effect.

                    (2) In the Senate
                                After a concurrent resolution on the budget
                            is agreed to, it shall not be in order in the
                            Senate to consider any bill, joint resolution,
                            amendment, motion, or conference report that--

                                    (A) would cause the level of total new
                                budget authority or total outlays set forth
                                for the first fiscal year in the applicable
                                resolution to be exceeded; or

                                    (B) would cause revenues to be less than
                                the level of total revenues set forth for
                                that first fiscal year or for the total of
                                that first fiscal year and the ensuing
                                fiscal years in the applicable resolution
                                for which allocations are provided under
                                section 633(a) of this title.

                    (3) Enforcement of social security levels in the Senate
                                After a concurrent resolution on the budget
                            is agreed to, it shall not be in order in the
                            Senate to consider any bill, joint resolution,
                            amendment, motion, or conference report that
                            would cause a de

    [[Page 434]]

                            crease in social security surpluses or an
                            increase in social security deficits relative to
                            the levels set forth in the applicable
                            resolution for the first fiscal year or for the
                            total of that fiscal year and the ensuing fiscal
                            years for which allocations are provided under
                            section 633(a) of this title.
                (b) Social security levels
                    (1) In general
                                For purposes of subsection (a)(3) of this
                            section, social security surpluses equal the
                            excess of social security revenues over social
                            security outlays in a fiscal year or years with
                            such an excess and social security deficits
                            equal the excess of social security outlays over
                            social security revenues in a fiscal year or
                            years with such an excess.
                    (2) Tax treatment
                                For purposes of subsection (a)(3) of this
                            section, no provision of any legislation
                            involving a change in chapter I of the Internal
                            Revenue Code of 1986 shall be treated as
                            affecting the amount of social security revenues
                            or outlays unless that provision changes the
                            income tax treatment of social security
                            benefits.
                (c) Exception in the House of Representatives
                    Subsection (a)(1) of this section shall not apply in the
                House of Representatives to any bill, joint resolution, or
                amendment that provides new budget authority for a fiscal
                year or to any conference report on any such bill or
                resolution, if--
                                (1) the enactment of that bill or resolution
                            as reported;
                                (2) the adoption and enactment of that
                            amendment; or
                                (3) the enactment of that bill or resolution
                            in the form recommended in that conference
                            report;

                would not cause the appropriate allocation of new budget
                authority made pursuant to section 633(a) of this title for
                that fiscal year to be exceeded. (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; Pub. L. 105-33, Title X, Sec. 10112(a),
                Aug. 5, 1997, 111 Stat. 686.)

    399.39-15a
    399.39-15a  Sec. 643. Determinations and points of order.
                (a) Budget Committee determinations
                    For purposes of this subchapter and subchapter II of
                this chapter, the levels of new budget authority, outlays,
                direct spending, 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 the Senate, as applicable.
                (b) Discretionary spending point of order in the Senate
                    (1) In general
                                Except as otherwise provided in this
                            subsection, it shall not be in order in the
                            Senate to consider any bill or resolution (or
                            amendment, motion, or conference report on that
                            bill or resolution) that would exceed any of the
                            discretionary spending limits in section 901(c)
                            of this title.

    [[Page 435]]

                    (2) Exceptions
                                This subsection shall not apply if a
                            declaration of war by the Congress is in effect
                            or if a joint resolution pursuant to section
                            907a of this title has been enacted.
                (c) Maximum deficit amount 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, or to
                consider any amendment to that concurrent resolution, or to
                consider a conference report on that concurrent resolution,
                if--
                                (1) the level of total outlays for the first
                            fiscal year set forth in that concurrent
                            resolution or conference report exceeds; or
                                (2) the adoption of that amendment would
                            result in a level of total outlays for that
                            fiscal year that exceeds;

                the recommended level of Federal revenues for that fiscal
                year, by an amount that is greater than the maximum deficit
                amount, if any, specified in the Balanced Budget and
                Emergency Deficit Control Act of 1985 for that fiscal year.

                (d) Timing of points of order in the Senate
                    A point of order under this Act may not be raised
                against a bill, resolution, amendment, motion, or conference
                report while an amendment or motion, the adoption of which
                would remedy the violation of this Act, is pending before
                the Senate.
                (e) 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 point of
                order is sustained, the effect shall be the same as if the
                Senate had disagreed to the amendment.
                (f) Effect of a point of order in the Senate
                    In the Senate, if a point of order under this Act
                against a bill or resolution is sustained, the Presiding
                Officer shall then recommit the bill or resolution to the
                committee 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, and amended Pub. L. 105-33, Title
                X, Sec. 10113(a), Aug. 5, 1997, 111 Stat. 687.)
    399.39-15b
    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

    [[Page 436]]

                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 Committee on the Budget
                and the Chairman and Ranking Minority Member of the
                Committee which reported the provision certify that:
                                (A) the provision mitigates the 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 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
                            rulings 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, which
                if introduced as a bill or resolution would

    [[Page 437]]

                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) Extraneous materials
                    Upon the 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.
                (d) Conference reports
                    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), (b)(l)(E), or (b)(l)(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 conference report (or
                Senate amendment derived from such conference report by
                operation of this subsection), no further amendment shall be
                in order.

                (e) 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

    [[Page 438]]

                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.
                (Pub. L. 93-344, Title III, Sec. 313, as added and amended
                Pub. L. 101-508, Title XIII, Sec. 13214(a)-(b)(4), Nov. 5,
                1990, 104 Stat. 1388-621, 1388-622; Pub. L. 105-33, Title X,
                Sec. 10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)
    399.39-15c
    399.39-15c  Sec. 645. Adjustments.
                (a) Adjustments
                    (1) In general
                                After the reporting of a bill or joint
                            resolution, the offering of an amendment
                            thereto, or the submission of a conference
                            report thereon, the chairman of the Committee on
                            the Budget of the House of Representatives or
                            the Senate shall make the adjustments set forth
                            in paragraph (2) for the amount of new budget
                            authority in that measure (if that measure meets
                            the requirements set forth in subsection (b) of
                            this section) and the outlays flowing from that
                            budget authority.
                    (2) Matters to be adjusted
                                The adjustments referred to in paragraph (1)
                            are to be made to--

                                    (A) the discretionary spending limits,
                                if any, set forth in the appropriate
                                concurrent resolution on the budget;

                                    (B) the allocations made pursuant to the
                                appropriate concurrent resolution on the
                                budget pursuant to section 633(a) of this
                                title; and

                                    (C) the budgetary aggregates as set
                                forth in the appropriate concurrent
                                resolution on the budget.

                (b) Amounts of adjustments
                    The adjustment referred to in subsection (a) of this
                section shall be--
                                (1) an amount provided and designated as an
                            emergency requirement pursuant to section
                            901(b)(2)(A) or 902(e) of this title;
                                (2) an amount provided for continuing
                            disability reviews subject to the limitations in
                            section 901(b)(2)(C) of this title;
                                (3) for any fiscal year through 2002, an
                            amount provided that is the dollar equivalent of
                            the Special Drawing Rights with respect to--

                                    (A) an increase in the United States
                                quota as part of the International Monetary
                                Fund Eleventh General Review of Quotas
                                (United States Quota); or

                                    (B) any increase in the maximum amount
                                available to the Secretary of the Treasury
                                pursuant to section 17 of the Bretton Woods
                                Agreements Act, as amended from time to time
                                (New Arrangements to Borrow);

                                (4) an amount provided not to exceed
                            $1,884,000,000 for the period of fiscal years
                            1998 through 2000 for arrearages for
                            international organizations, international
                            peacekeeping, and multilateral development
                            banks;

    [[Page 439]]

                                (5) an amount provided for an earned income
                            tax credit compliance initiative but not to
                            exceed--

                                    (A) with respect to fiscal year 1998,
                                $138,000,000 in new budget authority;

                                    (B) with respect to fiscal year 1999,
                                $143,000,000 in new budget authority;

                                    (C) with respect to fiscal year 2000,
                                $144,000,000 in new budget authority;

                                    (D) with respect to fiscal year 2001,
                                $145,000,000 in new budget authority; and

                                    (E) with respect to fiscal year 2002,
                                $146,000,000 in new budget authority; or

                                (6) in the case of an amount for adoption
                            incentive payments (as defined in section
                            901(b)(2)(G) of this title) for fiscal year
                            1999, 2000, 2001, 2002, or 2003 for the
                            Department of Health and Human Services, an
                            amount not to exceed $20,000,000.
                (c) Application of adjustments
                    The adjustments made pursuant to subsection (a) of this
                section for legislation shall--
                                (1) apply while that legislation is under
                            consideration;
                                (2) take effect upon the enactment of that
                            legislation; and
                                (3) be published in the Congressional Record
                            as soon as practicable.
                (d) Reporting revised suballocations
                    Following any adjustment made under subsection (a) of
                this section, the Committees on Appropriations of the Senate
                and the House of Representatives may report appropriately
                revised suballocations under section 633(b) of this title to
                carry out this section.
                (e) Definitions for CDRs
                    As used in subsection (b)(2) of this section--
                                (1) the term ``continuing disability
                            reviews'' shall have the same meaning as
                            provided in section 901(b)(2)(C)(ii) of this
                            title; and
                                (2) the term ``new budget authority'' shall
                            have the same meaning as the term ``additional
                            new budget authority'' and the term ``out lays''
                            shall have the same meaning as ``additional
                            outlays'' in that section. (Pub. L. 934-344,
                            Title III, Sec. 314, as added Pub. L. 105-33,
                            Title X, Sec. 10114(a), Aug. 5, 1997, 111 Stat.
                            688, and amended Pub. L. 105-89, Title II,
                            Sec. 201(b)(2), Nov. 19, 1997, 111 Stat. 2125.)
    399.39-15d
    399.39-15d  Sec. 645a. Effect of adoption of a special order of business
                    in the House of Representatives.
                    For purposes of a reported bill or joint resolution
                considered in the House of Representatives pursuant to a
                special order of business, the term ``as reported'' in this
                subchapter or subchapter II of this chapter shall be
                considered to refer to the text made in order as an original
                bill or joint resolution for the purpose of amendment or to
                the text on which the previous question is ordered directly
                to passage, as the case may be. (Pub. L. 93-344, Title III,
                Sec. 315, as added Pub. L. 105-33, Title X, Sec. 10115(a),
                Aug. 5, 1997, 111 Stat. 690.)

    [[Page 440]]

                              Subchapter II.--Fiscal Procedures

                                 Part A.--General Provisions

     399.39-16
     399.39-16   Sec. 651. Budget-related legislation not subject to
                    appropriations.
                (a) Controls on certain budget-related legislation not
                    subject to appropriations
                    It shall not be in order in either the House of
                Representatives or the Senate to consider any bill or joint
                resolution (in the House of Representatives only, as
                reported), amendment, motion, or conference report that
                provides--
                                (1) new authority to enter into contracts
                            under which the United States is obligated to
                            make outlays;
                                (2) new authority to incur indebtedness
                            (other than indebtedness incurred under chapter
                            31 of title 31 of the United States Code) for
                            the repayment of which the United States is
                            liable; or
                                (3) new credit authority;

                unless that bill, joint resolution, amendment, motion, or
                conference report also provides that the new authority is to
                be effective for any fiscal year only to the extent or in
                the amounts provided in advance in appropriation Acts.

                (b) Legislation providing new entitlement authority
                    (1) Point of order
                                It shall not be in order in either the House
                            of Representatives or the Senate to consider any
                            bill or joint resolution (in the House of
                            Representatives only, as reported), amendment,
                            motion, or conference report that provides new
                            entitlement authority that is to become
                            effective during the current fiscal year.
                    (2) If any committee of the House of Representatives or
                the Senate reports any bill or resolution which provides new
                entitlement authority 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 the Senate or may then
                be referred to the Committee on Appropriations of the House,
                as the case may be, 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.

    [[Page 441]]

                (c) Exceptions
                    (1) Subsections (a) and (b) of this section shall not
                apply to new authority described in those subsections if
                outlays from that new authority will flow--
                                (A) from a trust fund established by the
                            Social Security Act (as in effect on July 12,
                            1974) [42 U.S.C. 301 et seq.]; 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 1986 [26 U.S.C. 1 et
                            seq.].
                    (2) Subsections (a) and (b) of this section shall not
                apply to new authority described in those subsections 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.
                            Sec. 1056; Pub. L. 99-514, Sec. 2, Oct. 22,
                            1986, 100 Stat. 2095; Pub. L. 101-508, Title
                            XIII, Sec. 13207(a)(1)(F), (G), Nov, 5, 1990,
                            104 Stat. 1388-617, 1388-618; Pub. L. 105-33,
                            Title X, Sec. 10116(a)(1)-(5), Aug. 5, 1997, 111
                            Stat. 690.)
     399.39-17
     399.39-17  Sec. 652. Repealed. Pub. L. 105-33, Title X, Sec. 10116(b),
                    Aug. 5, 1997, 111 Stat. 692.
                    Section, 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,
                related to legislation providing new credit authority.
     399.39-18
     399.39-18  Sec. 653. Analysis by Congressional Budget Office.
                    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) a comparison of the estimates of costs
                            described in paragraph (1) with any available
                            estimates of costs made by such committee or by
                            any Federal agency; and
                                (3) 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,

    [[Page 442]]

                Title IV, Sec. 402, formerly 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; Pub. L. 104-4, Title I, Sec. 104, Mar.
                22, 1995, 109 Stat. 62; renumbered Sec. 402, Pub. L. 105-33,
                Title X, Sec. 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)

     399.39-19
     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 mandatory spending 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. 404, formerly
                Sec. 405, as added, Pub. L. 99-177, Title II, Sec. 214, Dec.
                12, 1985, 99 Stat. 1059; renumbered Sec. 404 and amended
                Pub. L. 105-33, Title X, Sec. 10116(c)(1), (2), Aug. 5,
                1997, 111 Stat. 692.)
     399.39-20
     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 section 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 this Act. (Pub.
                L. 93-344, Title IV, Sec. 405, formerly Sec. 406, as added
                Pub. L. 99-177, Title II, Sec. 214, Dec. 12, 1985, 99 Stat.
                1059, renumbered Sec. 405, Pub. L. 105-33, Title X,
                Sec. 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)
    399.39-20a
    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. 406, formerly Sec. 407, as added Pub. L. 99-177,
                Title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1060, renumbered
                Sec. 406, Pub. L. 105-33, Title X, Sec. 10116(c)(1), Aug. 5,
                1997, 111 Stat. 692.)

                                  Part B.--Federal Mandates

     399.39-21
     399.39-21  Sec. 658. Definitions.
                For purposes of this part:
                    (1) Agency

    [[Page 443]]

                                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--

                                                    (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

    [[Page 444]]

                                                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 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

    [[Page 445]]

                                            (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.
                    (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.)

    [[Page 446]]

    399.39-21a
    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
    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.
                (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

    [[Page 447]]

                            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 intergovemmental mandates; and
                                (3) if the bill or joint resolution would
                            make the reduction specified in section
                            658(5)(B)(i)(II) of this title, a statement of
                            how the committee specifically intends the
                            States to implement the reduction and to what
                            extent the legislation provides additional
                            flexibility, if any, to offset the reduction.
                (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, 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

    [[Page 448]]

                            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;
                amended Pub. L. 106-141, Sec. 2(a), Dec. 7, 1999, 113 Stat.
                1699.)

    399.39-21c
    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 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 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 assistance, provided by
                                        the bill or joint resolution and
                                        usable by State, local, or tribal
                                        governments for activities subject
                                        to the Federal intergovernmental
                                        mandates.

                                (3) Additional flexibility information

                                    The Director shall include in the
                                statement submitted under this subsection,
                                in the case of legislation that makes
                                changes as described in section
                                658(5)(B)(i)(II) of this title--

                                            (A) if no additional flexibility
                                        is provided in the legislation, a
                                        description of whether and how the
                                        States can offset the reduction
                                        under existing law; or

    [[Page 449]]

                                            (B) if additional flexibility is
                                        provided in the legislation, whether
                                        the resulting savings would offset
                                        the reductions in that program
                                        assuming the States fully implement
                                        that additional flexibility.

                    (4) 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 an 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 failing 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

    [[Page 450]]

                (b) of this section, the Director shall so state and shall
                briefly explain the basis of the estimate.
                (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; amended Pub. L.
                106-41, Sec. 2(b) Dec. 7, 1999, 113 Stat. 1699.)
    399.39-21d
    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
                                        is 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

    [[Page 451]]

                                        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--

                                                    (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

    [[Page 452]]

                                        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

                                            (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 in 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
    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

    [[Page 453]]

                            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 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
    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
    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 authorizations 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

    [[Page 454]]

                                    (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
                            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
     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
    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 and financing arrangements that defer
                            payment for more than 90 days, including the
                            sale of a government asset on credit terms. 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 or modification thereof,
                            calculated on a net present basis, excluding
                            administrative costs and any incidental effects
                            on governmental receipts or outlays.

    [[Page 455]]

                                (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 estimated
                            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;

                including the effects of changes in loan terms resulting
                from the exercise by the borrower of an option included in
                the loan contract.

                                (C) The cost of a loan guarantee shall be
                            the net present value, at the time when the
                            guaranteed loan is disbursed, of the following
                            estimated cash flows:

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

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

                including the effects of changes in loan terms resulting
                from the exercise by the guaranteed lender of an option
                included in the loan guarantee contract, or by the borrower
                of an option included in the guaranteed loan contract.

                                (D) The cost of a modification is the
                            difference between the current estimate of the
                            net present value of the remaining cash flows
                            under the terms of a direct loan or loan
                            guarantee contract, and the current estimate of
                            the net present value of the remaining cash
                            flows under the terms of the contract, as
                            modified.
                                (E) In estimating net present values, the
                            discount rate shall be the average interest rate
                            on marketable Treasury securities of similar
                            maturity to the cash flows of the direct loan or
                            loan guarantee for which the estimate is being
                            made.
                                (F) When funds are obligated for a direct
                            loan or loan guarantee, the estimated cost shall
                            be based on the current assumptions, adjusted to
                            incorporate the terms of the loan contract, for
                            the fiscal year in which the funds are
                            obligated.
                                (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 ``modification'' means any
                            Government action that alters the estimated cost
                            of an outstanding direct loan (or direct loan
                            obligation) or an outstanding loan guarantee (or
                            loan guarantee

    [[Page 456]]

                            commitment) from the current estimate of cash
                            flows. This includes the sale of loan assets,
                            with or without recourse, and the purchase of
                            guaranteed loans. This also includes any action
                            resulting from new legislation, or from the
                            exercise of administrative discretion under
                            existing law, that directly or indirectly alters
                            the estimated cost of outstanding direct loans
                            (or direct loan obligations) or loan guarantees
                            (or loan guarantee commitments) such as a change
                            in collection procedures.
                                (10) The term ``current'' has the same
                            meaning as in section 900(c)(9) of this title.
                                (11) 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, and amended Pub. L.
                            105-33, Title X, Sec. 10117(a), Aug. 5, 1997,
                            111 Stat. 692.)
    399.39-22b
    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
                subchapter. 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 subchapter.
                (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.
                (d) Improving cost estimates
                    The Director and the Director of the Congressional
                Budget Office shall coordinate the development of more
                accurate data on historical performance 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 Congress on
                differences 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

    [[Page 457]]

                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
    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) new budget authority to cover their
                            costs is provided in advance in an
                            appropriations Act;
                                (2) a limitation on the use of funds
                            otherwise available for the cost of a direct
                            loan or loan guarantee program has been provided
                            in advance in an appropriations Act; or
                                (3) authority is otherwise provided in
                            appropriation Acts.
                (c) Exemption for mandatory programs
                    Subsections (b) and (e) 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 modify outstanding
                direct loans (or direct loan obligations) or loan guarantees
                (or loan guarantee commitments) shall constitute new budget
                authority in an amount equal to the cost of the direct loan
                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
                    An outstanding direct loan (or direct loan obligation)
                or loan guarantee (or loan guarantee commitment) shall not
                be modified in a manner that increases its costs unless
                budget authority for the additional cost has been provided
                in advance in an appropriations Act.

    [[Page 458]]

                (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, and amended
                Pub. L. 105-33, Title X, Sec. 10117(b), Aug. 5, 1997, 111
                Stat. 693.)
    399.39-22d
    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, except that
                the rate of interest charged by the Secretary on lending to
                financing accounts (including amounts treated as lending to
                financing accounts by the Federal Financing Bank
                (hereinafter in this subsection referred to as the ``Bank'')
                pursuant to section 655(b) of this title) and the rate of
                interest paid to financing accounts on uninvested balances
                in financing accounts shall be the same as the rate
                determined pursuant to section 661a(5)(E) of this title. For
                guaranteed loans financed by the Bank and treated as direct
                loans by a Federal agency pursuant to section 655(b) of this
                title, any fee or interest surcharge (the amount by which
                the interest rate charged exceeds the rate determined
                pursuant to section 661a(5)(E) of this title) that the Bank
                charges to a private borrower pursuant to section 6(c) of
                the Federal Financing Bank Act of 1973 shall be considered a
                cash flow to the Government for the purposes of determining
                the cost of the direct loan pursuant to section 661a(5) of
                this title. All such amounts shall be credited to the
                appropriate financing account. The Bank is authorized to
                require reimbursement from a Federal agency to cover the
                administrative expenses of the Bank that are attributable to
                the direct loans financed for that agency. All such payments
                by an agency shall be considered administrative expenses
                subject to section 661c(g) of this title. This sub

    [[Page 459]]

                section shall apply to transactions related to direct loan
                obligations or loan guarantee commitments made on or after
                October 1, 1991. The authorities described above shall not
                be construed to supersede 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 the
                provisions of subchapter II of chapter 15 of title 31 [31
                U.S.C. 1511 et seq.]. 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
                    (1) Amounts in liquidating accounts shall be available
                only for payments resulting from direct loan obligations or
                loan guarantee commitments made prior to October 1, 1991,
                for--
                                (A) interest payments and principal
                            repayments to the Treasury or the Federal
                            Financing Bank for amounts borrowed;
                                (B) disbursements of loans;
                                (C) default and other guarantee claim
                            payments;
                                (D) interest supplement payments;
                                (E) payments for the costs of foreclosing,
                            managing, and selling collateral that are
                            capitalized or routinely deducted from the
                            proceeds of sales;
                                (F) payments to financing accounts when
                            required for modifications;
                                (G) administrative expenses, if--

                                    (i) amounts credited to the liquidating
                                account would have been available for
                                administrative expenses under a provision of
                                law in effect prior to October 1, 1991; and

                                    (ii) no direct loan obligation or loan
                                guarantee commitment has been made, or any
                                modification of a direct loan or loan
                                guarantee has been made, since September 30,
                                1991; or

                                (H) such other payments as are necessary for
                            the liquidation of such direct loan obligations
                            and loan guarantee commitments.
                    (2) Amounts credited to liquidating accounts in any year
                shall be available only for payments required in that year.
                Any unobligated balances in liquidating accounts at the end
                of a fiscal year shall be transferred to miscellaneous
                receipts as soon as practicable after the end of the fiscal
                year.
                    (3) If funds in liquidating accounts are insufficient to
                satisfy obligations and commitments of such 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

    [[Page 460]]

                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, and amended Pub. L. 105-33, Title X,
                Sec. 10117(c), Aug. 5, 1997, 111 Stat. 694.)
    399.39-22e
    399.39-22e  Sec. 661e. Treatment of deposit insurance and agencies and
                    other insurance programs.
                (a) ln general
                    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.
                (b) Study
                    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.
                (c) Access to data
                    For the purposes of subsection (b) of this section, 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, and amended
                Pub. L. 105-33, Title X, Sec. 10117(d), Aug. 5, 1997, 111
                Stat. 695.)
    399.39-22f
    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, 1990, to
                liquidate obligations arising from such direct loans
                obligated or loan guarantees committed prior to October 1,
                1991, including repayment of any obligations held by the
                Secretary of the Treasury or the Federal Financing Bank. The
                unobligated balances of such accounts that are

    [[Page 461]]

                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
     399.39-23  Sec. 665. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695.

    399.39-23a
    399.39-23a  Sec. 665a. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695.

    399.39-23b
    399.39-23b  Sec. 665b. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695.

    399.39-23c
    399.39-23c  Sec. 665c. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695.

    399.39-23d
    399.39-23d  Sec. 665d. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695.

    399.39-23e
    399.39-23e  Sec. 665e. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695.

                    Chapter 17B.--IMPOUNDMENT CONTROL AND LINE ITEM VETO

     399.39-24
     399.99-24  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
    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

                                    (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

    [[Page 462]]

                            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
    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;
                                (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 rescis

    [[Page 463]]

                            sion 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 for obligation 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
     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 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--
                                (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.

    [[Page 464]]

                (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
     399.39-26  Sec. 685. Transmission of messages; publication.
                (a) Delivery to House and Senate
                    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.
                (b) Delivery to Comptroller General
                    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 section
                683 or 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.
                (c) Transmission of supplementary messages
                    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.
                (d) Printing in Federal Register
                    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.

    [[Page 465]]

                (e) Cumulative reports of proposed rescissions,
                    reservations, and deferrals of budget authority
                    (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 that 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
     399.39-27  Sec. 686. Reports by Comptroller General.
                (a) Failure to transmit special message
                    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 sections 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.

                (b) Incorrect classification of special message
                    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 special
                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.)

    [[Page 466]]

     399.39-28
     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. 206(b), Sept. 29, 1987, 101 Stat.
                786.)
     399.39-29
     399.39-29  Sec. 688. Procedure in House of Representatives and Senate.
                (a) Referral
                    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.
                (b) Discharge of committee
                    (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
                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.

    [[Page 467]]

                (c) Floor consideration in the House
                    (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 specifically 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.
                (d) Floor consideration in the Senate
                    (1) Debate in the Senate on any rescission bill or
                impoundment resolution, and all amendments thereto (in the
                case of a rescission 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, 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

    [[Page 468]]

                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 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. (Pub. L.
                93-344, Title X, Sec. 1017, July 12, 1974, 88 Stat. 337.)
     399.39-30
     399.39-30  Exercise of rulemaking powers.
                    (a) The provisions of this title and of titles I, III,
                IV, and V and the provisions of sections 701, 703, and 1017
                are enacted by the Congress--
                                (1) as an exercise of the rulemaking power
                            of the House of Representatives and the Senate,
                            respectively, and as such they shall be
                            considered as part of the rules of each House,
                            respectively, or of that House to which they
                            specifically apply, and such rules shall

    [[Page 469]]

                            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 such
                            House.
                    (b) Any provision of title III or IV may be waived or
                suspended in the Senate by a majority vote of the Members
                voting, a quorum being present, or by the unanimous consent
                of the Senate.
                    (c) Waivers.--
                                (1) Permanent.--Sections 305(b)(2),
                            305(c)(4), 306, 310(d)(2), 313, 904(c), and
                            904(d) of this Act may be waived or suspended in
                            the Senate only by the affirmative vote of
                            three-fifths of the Members, duly chosen and
                            sworn.
                                (2) Temporary.--Sections 301(i), 302(c),
                            302(f), 310(g), 311(a), 312(b), and 312(c) of
                            this Act and sections 258(a)(4)(C),
                            258A(b)(3)(C)(I) \1\, 258B(f)(1), 258B(h)(1),
                            258(h)(3) \2\, 258C(a)(5), and 258C(b)(1) of the
                            Balanced Budget and Emergency Deficit Control
                            Act of 1985 may be waived or suspended in the
                            Senate only by the affirmative vote of three-
                            fifths of the Members, duly chosen and sworn.
                    \1\ So in law. Probably should read
                    ``258A(b)(3)(C)(i)''.
                    \1\ So in law. Probably should read ``258B(h)(3)''.
                    (d) Appeals.--
                                (1) Procedure.--Appeals in the Senate from
                            the decisions of the Chair relating to any
                            provision of title III or IV or section 1017
                            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.
                                (2) Permanent.--An affirmative vote of
                            three-fifths of the Members, 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, 310(d)(2), 313,
                            904(c), and 904(d) of this Act.
                                (3) Temporary.--An affirmative vote of
                            three-fifths of the Members, 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(g), 311(a), 312(b), and
                            312(c) of this Act and sections 258(a)(4)(C),
                            258A(b)(3)(C)(I) \1\, 258B(f)(1), 258B(h)(1),
                            258(h)(3) \2\, 258C(a)(5), and 258C(b)(1) of the
                            Balanced Budget and Emergency Deficit Control
                            Act of 1985.
                    (e) Expiration of Certain Supermajority Voting
                Requirements.--Subsections (c)(2) and (d)(3) shall expire on
                September 30, 2002.

     399.39-32
     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.

    [[Page 470]]

                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 rescisions 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 recisions, or
                                (B) within 20 days in the case of deferrals.
                    (4) The 20 days 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, continuous
                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
     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:
                    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;

    [[Page 471]]

                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 ``rescisions'' 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.)

                             Constitutionality of Line Item Veto

                    The United States Supreme Court, in Clinton v. City of
                New York, U.S. Dist. Col. 1998, 118 S.Ct. 2091, 141 L.Ed. 2d
                393, found that the Line Item Veto Act of 1996, Pub. L. 104-
                130, April 9, 1996, 110 Stat. 1200, which is classified
                generally to Subchapter III of Chapter 17B (section 691 et
                seq.) of Title 2 was unconstitutional as a violation of the
                Presentment Clause of the United States Constitution (USCA
                Const. Art. I Sec. 7, cl. 2).
     399.39-34
     399.39-34  Sec. 691. Line item veto authority.
                (a) In general
                    Notwithstanding the provisions of subchapters I and II
                of this chapter, and subject to the provisions of this
                subchapter, the President may, with respect to any bill or
                joint resolution that has been signed into law pursuant to
                Article I, section 7, of the Constitution of the United
                States, cancel in whole--
                                (1) any dollar amount of discretionary
                            budget authority.
                                (2) any item of new direct spending; or
                                (3) any limited tax benefit;

                if the President--

                                (A) determines that such cancellation will--

                                    (i) reduce the Federal budget deficit;

                                    (ii) not impair any essential Government
                                functions; and

                                    (iii) not harm the national interest;
                                and

                                (B) notifies the Congress of such
                            cancellation by transmitting a special message,
                            in accordance with section 691a of this title,
                            within five calendar days (excluding Sundays)
                            after the enactment of the

    [[Page 472]]

                            law providing the dollar amount of discretionary
                            budget authority, item of new direct spending,
                            or limited tax benefit that was canceled.
                (b) Identification of cancellations
                    In identifying dollar amounts of discretionary budget
                authority, items of new direct spending, and limited tax
                benefits for cancellation, the President shall--
                                (1) consider the legislative history,
                            construction, and purposes of the law which
                            contains such dollar amounts, items, or
                            benefits;
                                (2) consider any specific sources of
                            information referenced in such law or, in the
                            absence of specific sources of information, the
                            best available information; and
                                (3) use the definitions contained in section
                            691e of this title in applying this part to the
                            specific provisions of such law.
                (c) Exception for disapproval bills
                    The authority granted by subsection (a) of this section
                shall not apply to any dollar amount of discretionary budget
                authority, item of new direct spending, or limited tax
                benefit contained in any law that is a disapproval bill as
                defined in section 691e of this title. (Pub. L. 93-344,
                Title X, Sec. 1021, as added Pub. L. 104-130, Sec. 2(a),
                Apr. 9, 1996, 110 Stat. 1200.)
    399.39-34a
    399.39-34a  Sec. 691a. Special messages.
                (a) In general
                    For each law from which a cancellation has been made
                under this subchapter, the President shall transmit a single
                special message to the Congress.
                (b) Contents
                    (1) The special message shall specify--
                                (A) the dollar amount of discretionary
                            budget authority, item of new direct spending,
                            or limited tax benefit which has been canceled,
                            and provide a corresponding reference number for
                            each cancellation;
                                (B) the determinations required under
                            section 691(a) of this title, together with any
                            supporting material;
                                (C) the reasons for the cancellation;
                                (D) to the maximum extent practicable, the
                            estimated fiscal, economic, and budgetary effect
                            of the cancellation;
                                (E) all facts, circumstances and
                            considerations relating to or bearing upon the
                            cancellation, and to the maximum extent
                            practicable, the estimated effect of the
                            cancellation upon the objects, purposes and
                            programs for which the canceled authority was
                            provided; and
                                (F) include the adjustments that will be
                            made pursuant to section 691c of this title to
                            the discretionary spending limits under section
                            901(c) of this title and an evaluation of the
                            effects of those adjustments upon the
                            sequestration procedures of section 901 of this
                            title.
                    (2) In the case of a cancellation of any dollar amount
                of discretionary budget authority or item of new direct
                spending, the special message shall also include, if
                applicable--
                                (A) any account, department, or
                            establishment of the Government for which such
                            budget authority was to have been available for
                            obligation and the specific project or
                            governmental functions involved;

    [[Page 473]]

                                (B) the specific States and congressional
                            districts, if any, affected by the cancellation;
                            and
                                (C) the total number of cancellations
                            imposed during the current session of Congress
                            on States and congressional districts identified
                            in subparagraph (B).
                (c) Transmission of special messages to House and Senate
                    (1) The President shall transmit to the Congress each
                special message under this subchapter within five calendar
                days (excluding Sundays) after enactment of the law to which
                the cancellation applies. Each special message shall be
                transmitted to the House of Representatives and the Senate
                on the same calendar day. Such special message 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.
                    (2) Any special message transmitted under this
                subchapter shall be printed in the first issue of the
                Federal Register published after such transmittal. (Pub. L.
                93-344, Title X, Sec. 1022, as added Pub. L. 104-130,
                Sec. 2(a), Apr. 9, 1996, 110 Stat. 1201, and amended Pub. L.
                105-33, Title X, Sec. 10121(a), Aug. 5, 1997, 111 Stat.
                696.)
    399.39-34b
    399.39-34b  Sec. 691b. Cancellation effective unless disapproved.
                (a) In general
                    The cancellation of any dollar amount of discretionary
                budget authority, item of new direct spending, or limited
                tax benefit shall take effect upon receipt in the House of
                Representatives and the Senate of the special message
                notifying the Congress of the cancellation. If a disapproval
                bill for such special message is enacted into law, then all
                cancellations disapproved in that law shall be null and void
                and any such dollar amount of discretionary budget
                authority, item of new direct spending, or limited tax
                benefit shall be effective as of the original date provided
                in the law to which the cancellation applied.
                (b) Commensurate reductions in discretionary budget
                    authority
                    Upon the cancellation of a dollar amount of
                discretionary budget authority under subsection (a) of this
                section, the total appropriation for each relevant account
                of which that dollar amount is a part shall be
                simultaneously reduced by the dollar amount of that
                cancellation. (Pub. L. 93-344, Title X, Sec. 1023, as added
                Pub. L. 104-130, Sec. 2(a), Apr. 9, 1996, 110 Stat. 1202.)
    399.39-34c
    399.39-34c  Sec. 691c. Deficit reduction.
                (a) In general
                    (1) Discretionary budget authority
                                OMB shall, for each dollar amount of
                            discretionary budget authority and for each item
                            of new direct spending canceled from an
                            appropriation law under section 691(a) of this
                            title--

                                    (A) reflect the reduction that results
                                from such cancellation in the estimates
                                required by section 901(a)(7) of this title
                                in accordance with that Act, including an
                                estimate of the reduction of the budget
                                authority and the reduction in outlays
                                flowing from such reduction of budget
                                authority for each outyear; and

                                    (B) include a reduction to the
                                discretionary spending limits for budget
                                authority and outlays in accordance with the
                                Bal

    [[Page 474]]

                                anced Budget and Emergency Deficit Control
                                Act of 1985 for each applicable fiscal year
                                set forth in section 901(c) of this title by
                                amounts equal to the amounts for each fiscal
                                year estimated pursuant to subparagraph (A).

                    (2) Direct spending and limited tax benefits
                                (A) OMB shall, for each item of new direct
                            spending or limited tax benefit canceled from a
                            law under section 691(a) of this title, estimate
                            the deficit decrease caused by the cancellation
                            of such item or benefit in that law and include
                            such estimate as a separate entry in the report
                            prepared pursuant to section 902(d) of this
                            title.
                                (B) OMB shall not include any change in the
                            deficit resulting from a cancellation of any
                            item of new direct spending or limited tax
                            benefit, or the enactment of a disapproval bill
                            for any such cancellation, under this part in
                            the estimates and reports required by sections
                            902(b) and 904 of this title.
                (b) Adjustments to spending limits
                    After ten calendar days (excluding Sundays) after the
                expiration of the time period in section 691d(b)(l) of this
                title for expedited congressional consideration of a
                disapproval bill for a special message containing a
                cancellation of discretionary budget authority, OMB shall
                make the reduction included in subsection (a)(1)(B) of this
                section as part of the next sequester report required by
                section 904 of this title.
                (c) Exception
                    Subsection (b) of this section shall not apply to a
                cancellation if a disapproval bill or other law that
                disapproves that cancellation is enacted into law prior to
                10 calendar days (excluding Sundays) after the expiration of
                the time period set forth in section 691d(b)(1) of this
                title.
                (d) Congressional Budget Office estimates
                    As soon as practicable after the President makes a
                cancellation from a law under section 691(a) of this title,
                the Director of the Congressional Budget Office shall
                provide the Committees on the Budget of the House of
                Representatives and the Senate with an estimate of the
                reduction of the budget authority and the reduction in
                outlays flowing from such reduction of budget authority for
                each outyear. (Pub. L. 93-344, Title X, Sec. 1024, as added
                Pub. L. 104-130, Sec. 2(a), Apr. 9, 1996, 110 Stat. 1202,
                and amended Pub. L. 105-33, Title X, Sec. 10121(b), Aug. 5,
                1997, 111 Stat. 696.)
    399.39-34d
    399.39-34d  Sec. 691d. Expedited congressional consideration of
                    disapproval bills.
                (a) Receipt and referral of special message
                    Each special message transmitted under this subchapter
                shall be referred to the Committee on the Budget and the
                appropriate committee or committees of the Senate and the
                Committee on the Budget and the appropriate committee or
                committees of the House of Representatives. Each such
                message shall be printed as a document of the House of
                Representatives.
                (b) Time period for expedited procedures
                    (1) There shall be a congressional review period of 30
                calendar days of session, beginning on the first calendar
                day of session after the date

    [[Page 475]]

                on which the special message is received in the House of
                Representatives and the Senate, during which the procedures
                contained in this section shall apply to both Houses of
                Congress.
                    (2) In the House of Representatives the procedures set
                forth in this section shall not apply after the end of the
                period described in paragraph (1).
                    (3) If Congress adjourns at the end of a Congress prior
                to the expiration of the period described in paragraph (1)
                and a disapproval bill was then pending in either House of
                Congress or a committee thereof (including a conference
                committee of the two Houses of Congress), or was pending
                before the President, a disapproval bill for the same
                special message may be introduced within the first five
                calendar days of session of the next Congress and shall be
                treated as a disapproval bill under this subchapter, and the
                time period described in paragraph (1) shall commence on the
                day of introduction of that disapproval bill.
                (c) Introduction of disapproval bills
                    (1) In order for a disapproval bill to be considered
                under the procedures set forth in this section, the bill
                must meet the definition of a disapproval bill and must be
                introduced no later than the fifth calendar day of session
                following the beginning of the period described in
                subsection (b)(1) of this section.
                    (2) In the case of a disapproval bill introduced in the
                House of Representatives, such bill shall include in the
                first blank space referred to in section 691e(6)(C) of this
                title a list of the reference numbers for all cancellations
                made by the President in the special message to which such
                disapproval bill relates.
                (d) Consideration in the House of Representatives
                    (1) Any committee of the House of Representatives to
                which a disapproval bill is referred shall report it without
                amendment, and with or without recommendation, not later
                than the seventh calendar day of session after the date of
                its introduction. If any committee fails to report the bill
                within that period, it is in order to move that the House
                discharge the committee from further consideration of the
                bill, except that such a motion may not be made after the
                committee has reported a disapproval bill with respect to
                the same special message. A motion to discharge may be made
                only by a Member favoring the bill (but only at a time or
                place designated by the Speaker in the legislative schedule
                of the day after the calendar day on which the Member
                offering the motion announces to the House his intention to
                do so and the form of the motion). The motion is highly
                privileged. Debate thereon shall be limited to not more than
                one hour, the time to be divided in the House equally
                between a proponent and an opponent. The previous question
                shall be considered as ordered on the motion to its adoption
                without intervening motion. A motion to reconsider the vote
                by which the motion is agreed to or disagreed to shall not
                be in order.
                    (2) After a disapproval bill is reported or a committee
                has been discharged from further consideration, it is in
                order to move that the House resolve into the Committee of
                the Whole House on the State of the Union for consideration
                of the bill. If reported and the report has been available
                for at least one calendar day, all points of order against
                the bill and against consideration of the bill are waived.
                If discharged, all points of order against the bill and
                against consideration

    [[Page 476]]

                of the bill are waived. The motion is highly privileged. A
                motion to reconsider the vote by which the motion is agreed
                to or disagreed to shall not be in order. During
                consideration of the bill in the Committee of the Whole, the
                first reading of the bill shall be dispensed with. General
                debate shall proceed, shall be confined to the bill, and
                shall not exceed one hour equally divided and controlled by
                a proponent and an opponent of the bill. The bill shall be
                considered as read for amendment under the five-minute rule.
                Only one motion to rise shall be in order, except if offered
                by the manager. No amendment to the bill is in order, except
                any Member if supported by 49 other Members (a quorum being
                present) may offer an amendment striking the reference
                number or numbers of a cancellation or cancellations from
                the bill. Consideration of the bill for amendment shall not
                exceed one hour excluding time for recorded votes and quorum
                calls. No amendment shall be subject to further amendment,
                except pro forma amendments for the purposes of debate only.
                At the conclusion of the consideration of the bill for
                amendment, the Committee shall rise and report the bill to
                the House with such amendments as may have been adopted. The
                previous question shall be considered as ordered on the bill
                and amendments thereto to final passage without intervening
                motion. A motion to reconsider the vote on passage of the
                bill shall not be in order.
                    (3) Appeals from decisions of the Chair regarding
                application of the rules of the House of Representatives to
                the procedure relating to a disapproval bill shall be
                decided without debate.
                    (4) It shall not be in order to consider under this
                subsection more than one disapproval bill for the same
                special message except for consideration of a similar Senate
                bill (unless the House has already rejected a disapproval
                bill for the same special message) or more than one motion
                to discharge described in paragraph (1) with respect to a
                disapproval bill for that special message.
                (e) Consideration in the Senate
                    (1) Referral and reporting
                                Any disapproval bill introduced in the
                            Senate shall be referred to the appropriate
                            committee or committees. A committee to which a
                            disapproval bill has been referred shall report
                            the bill not later than the seventh day of
                            session following the date of introduction of
                            that bill. If any committee fails to report the
                            bill within that period, that committee shall be
                            automatically discharged from further
                            consideration of the bill and the bill shall be
                            placed on the Calendar.
                    (2) Disapproval bill from House
                                When the Senate receives from the House of
                            Representatives a disapproval bill, such bill
                            shall not be referred to committee and shall be
                            placed on the Calendar.
                    (3) Consideration of single disapproval bill
                                After the Senate has proceeded to the
                            consideration of a disapproval bill for a
                            special message, then no other disapproval bill
                            originating in that same House relating to that
                            same message shall be subject to the procedures
                            set forth in this subsection.
                    (4) Amendments
                                (A) Amendments in order

                                    The only amendments in order to a
                                disapproval bill are--

    [[Page 477]]

                                            (i) an amendment that strikes
                                        the reference number of a
                                        cancellation from the disapproval
                                        bill; and

                                            (ii) an amendment that only
                                        inserts the reference number of a
                                        cancellation included in the special
                                        message to which the disapproval
                                        bill relates that is not already
                                        contained in such bill.

                                (B) Waiver or appeal

                                    An affirmative vote of three-fifths of
                                the Senators, duly chosen and sworn, shall
                                be required in the Senate--

                                            (i) to waive or suspend this
                                        paragraph; or

                                            (ii) to sustain an appeal of the
                                        ruling of the Chair on a point of
                                        order raised under this paragraph.

                    (5) Motion nondebatable
                                A motion to proceed to consideration of a
                            disapproval bill under this subsection shall not
                            be debatable. It shall not be in order to move
                            to reconsider the vote by which the motion to
                            proceed was adopted or rejected, although
                            subsequent motions to proceed may be made under
                            this paragraph.
                    (6) Limit on consideration
                                (A) After no more than 10 hours of
                            consideration of a disapproval bill, the Senate
                            shall proceed, without intervening action or
                            debate (except as permitted under paragraph
                            (9)), to vote on the final disposition thereof
                            to the exclusion of all amendments not then
                            pending and to the exclusion of all motions,
                            except a motion to reconsider or to table.
                                (B) A single motion to extend the time for
                            consideration under subparagraph (A) for no more
                            than an additional five hours is in order prior
                            to the expiration of such time and shall be
                            decided without debate.
                                (C) The time for debate on the disapproval
                            bill shall be equally divided between the
                            Majority Leader and the Minority Leader or their
                            designees.
                    (7) Debate on amendments
                                Debate on any amendment to a disapproval
                            bill shall be limited to one hour, equally
                            divided and controlled by the Senator proposing
                            the amendment and the majority manager, unless
                            the majority manager is in favor of the
                            amendment, in which case the minority manager
                            shall be in control of the time in opposition.
                    (8) No motion to recommit
                                A motion to recommit a disapproval bill
                            shall not be in order.
                    (9) Disposition of Senate disapproval bill
                                If the Senate has read for the third time a
                            disapproval bill that originated in the Senate,
                            then it shall be in order at any time thereafter
                            to move to proceed to the consideration of a
                            disapproval bill for the same special message
                            received from the House of Representatives and
                            placed on the Calendar pursuant to paragraph
                            (2), strike all after the enacting clause,
                            substitute the text of the Senate disapproval
                            bill, agree to the Senate amendment, and vote on
                            final disposition of the House disapproval bill,
                            all without any intervening action or debate.
                    (10) Consideration of House message
                                Consideration in the Senate of all motions,
                            amendments, or appeals necessary to dispose of a
                            message from the House of Rep

    [[Page 478]]

                            resentatives on a disapproval bill shall be
                            limited to not more than four hours. Debate on
                            each motion or amendment shall be limited to 30
                            minutes. Debate on any appeal or point of order
                            that is submitted in connection with the
                            disposition of the House message shall be
                            limited to 20 minutes. Any time for debate shall
                            be equally divided and controlled by the
                            proponent and the majority manager, unless the
                            majority manager is a proponent of the motion,
                            amendment, appeal, or point of order, in which
                            case the minority manager shall be in control of
                            the time in opposition.
                (f) Consideration in conference
                    (1) Convening of conference
                                In the case of disagreement between the two
                            Houses of Congress with respect to a disapproval
                            bill passed by both Houses, conferees should be
                            promptly appointed and a conference promptly
                            convened, if necessary.
                    (2) House consideration
                                (A) Notwithstanding any other rule of the
                            House of Representatives, it shall be in order
                            to consider the report of a committee of
                            conference relating to a disapproval bill
                            provided such report has been available for one
                            calendar day (excluding Saturdays, Sundays, or
                            legal holidays, unless the House is in session
                            on such a day) and the accompanying statement
                            shall have been filed in the House.
                                (B) Debate in the House of Representatives
                            on the conference report and any amendments in
                            disagreement on any disapproval bill shall each
                            be limited to not more than one hour equally
                            divided and controlled by a proponent and an
                            opponent. A motion to further 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.
                    (3) Senate consideration
                                Consideration in the Senate of the
                            conference report and any amendments in
                            disagreement on a disapproval bill shall be
                            limited to not more than four hours equally
                            divided and controlled by the Majority Leader
                            and the Minority Leader or their designees. A
                            motion to recommit the conference report is not
                            in order.
                    (4) Limits on scope
                                (A) When a disagreement to an amendment in
                            the nature of a substitute has been referred to
                            a conference, the conferees shall report those
                            cancellations that were included in both the
                            bill and the amendment, and may report a
                            cancellation included in either the bill or the
                            amendment, but shall not include any other
                            matter.
                                (B) When a disagreement on an amendment or
                            amendments of one House to the disapproval bill
                            of the other House has been referred to a
                            committee of conference, the conferees shall
                            report those cancellations upon which both
                            Houses agree and may report any or all of those
                            cancellations upon which there is disagreement,
                            but shall not include any other matter.

                (Pub. L. 93-344, Title X, Sec. 1025, as added Pub. L. 104-
                130, Sec. 2(a), Apr. 9, 1996, 110 Stat. 1203.)

    [[Page 479]]

    399.39-34e
    399.39-34e  Sec. 691e. Definitions.
                    As used in this subchapter:
                                (1) Appropriation law

                                    The term ``appropriation law'' means an
                                Act referred to in section 105 of title 1,
                                including any general or special
                                appropriation Act, or any Act making
                                supplemental, deficiency, or continuing
                                appropriations, that has been signed into
                                law pursuant to Article I, section 7, of the
                                Constitution of the United States.

                                (2) Calendar day

                                    The term ``calendar day'' means a
                                standard 24-hour period beginning at
                                midnight.

                                (3) Calendar days of session

                                    The term ``calendar days of session''
                                shall mean only those days on which both
                                Houses of Congress are in session.

                                (4) Cancel

                                    The term ``cancel'' or ``cancellation''
                                means--

                                            (A) with respect to any dollar
                                        amount of discretionary budget
                                        authority, to rescind;

                                            (B) with respect to any item of
                                        new direct spending--

                                                    (i) that is budget
                                                authority provided by law
                                                (other than an appropriation
                                                law), to prevent such budget
                                                authority from having legal
                                                force or effect;
                                                    (ii) that is entitlement
                                                authority, to prevent the
                                                specific legal obligation of
                                                the United States from
                                                having legal force or
                                                effect; or
                                                    (iii) through the food
                                                stamp program, to prevent
                                                the specific provision of
                                                law that results in an
                                                increase in budget authority
                                                or outlays for that program
                                                from having legal force or
                                                effect; and

                                            (C) with respect to a limited
                                        tax benefit, to prevent the specific
                                        provision of law that provides such
                                        benefit from having legal force or
                                        effect.

                                (5) Direct spending

                                    The term ``direct spending'' means--

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

                                            (B) entitlement authority; and

                                            (C) the food stamp program.

                                (6) Disapproval bill

                                    The term ``disapproval bill'' means a
                                bill or joint resolution which only
                                disapproves one or more cancellations of
                                dollar amounts of discretionary budget
                                authority, items of new direct spending, or
                                limited tax benefits in a special message
                                transmitted by the President under this
                                subchapter and--

                                            (A) the title of which is as
                                        follows: ``A bill disapproving the
                                        cancellations transmitted by the
                                        President on ____'', the blank space
                                        being filled in with the date of
                                        transmission of the relevant special
                                        message and the public law number to
                                        which the message relates;

                                            (B) which does not have a
                                        preamble; and

                                            (C) which provides only the
                                        following after the enacting clause:
                                        ``That Congress disapproves of
                                        cancellations ____'', the blank
                                        space being filled in with a list by
                                        reference

    [[Page 480]]

                                        number of one or more cancellations
                                        contained in the President's special
                                        message, ``as transmitted by the
                                        President in a special message on
                                        ____'', the blank space being filled
                                        in with the appropriate date,
                                        ``regarding ____.'', the blank space
                                        being filled in with the public law
                                        number to which the special message
                                        relates.

                                (7) Dollar amount of discretionary budget
                            authority

                                    (A) Except as provided in subparagraph
                                (B), the term ``dollar amount of
                                discretionary budget authority'' means the
                                entire dollar amount of budget authority--

                                            (i) specified in an
                                        appropriation law, or the entire
                                        dollar amount of budget authority
                                        required to be allocated by a
                                        specific proviso in an appropriation
                                        law for which a specific dollar
                                        figure was not included;

                                            (ii) represented separately in
                                        any table, chart, or explanatory
                                        text included in the statement of
                                        managers or the governing committee
                                        report accompanying such law;

                                            (iii) required to be allocated
                                        for a specific program, project, or
                                        activity in a law (other than an
                                        appropriation law) that mandates the
                                        expenditure of budget authority from
                                        accounts, programs, projects, or
                                        activities for which budget
                                        authority is provided in an
                                        appropriation law;

                                            (iv) represented by the product
                                        of the estimated procurement cost
                                        and the total quantity of items
                                        specified in an appropriation law or
                                        included in the statement of
                                        managers or the governing committee
                                        report accompanying such law; or

                                            (v) represented by the product
                                        of the estimated procurement cost
                                        and the total quantity of items
                                        required to be provided in a law
                                        (other than an appropriation law)
                                        that mandates the expenditure of
                                        budget authority from accounts,
                                        programs, projects, or activities
                                        for which budget authority is
                                        provided in an appropriation law.

                                    (B) The term ``dollar amount of
                                discretionary budget authority'' does not
                                include--

                                            (i) direct spending;

                                            (ii) budget authority in an
                                        appropriation law which funds direct
                                        spending provided for in other law;

                                            (iii) any existing budget
                                        authority rescinded or canceled in
                                        an appropriation law; or

                                            (iv) any restriction, condition,
                                        or limitation in an appropriation
                                        law or the accompanying statement of
                                        managers or committee reports on the
                                        expenditure of budget authority for
                                        an account, program, project, or
                                        activity, or on activities involving
                                        such expenditure.

                                (8) Item of new direct spending

                                    The term ``item of new direct spending''
                                means any specific provision of law that is
                                estimated to result in an increase in budget
                                authority or outlays for direct spending
                                relative to the most recent levels
                                calculated pursuant to section 257 of the
                                Balanced Budget and Emergency Deficit
                                Control Act of 1985.

                                (9) Limited tax benefit

                                    (A) The term ``limited tax benefit''
                                means--

    [[Page 481]]

                                            (i) any revenue-losing provision
                                        which provides a Federal tax
                                        deduction, credit, exclusion, or
                                        preference to 100 or fewer
                                        beneficiaries under title 26 in any
                                        fiscal year for which the provision
                                        is in effect; and

                                            (ii) any Federal tax provision
                                        which provides temporary or
                                        permanent transitional relief for 10
                                        or fewer beneficiaries in any fiscal
                                        year from a change to title 26.

                                    (B) A provision shall not be treated as
                                described in subparagraph (A)(i) if the
                                effect of that provision is that--

                                            (i) all persons in the same
                                        industry or engaged in the same type
                                        of activity receive the same
                                        treatment;

                                            (ii) all persons owning the same
                                        type of property, or issuing the
                                        same type of investment, receive the
                                        same treatment; or

                                            (iii) any difference in the
                                        treatment of persons is based solely
                                        on--

                                                    (I) in the case of
                                                businesses and associations,
                                                the size or form of the
                                                business or association
                                                involved;
                                                    (II) in the case of
                                                individuals, general
                                                demographic conditions, such
                                                as income, marital status,
                                                number of dependents, or tax
                                                return filing status;
                                                    (III) the amount
                                                involved; or
                                                    (IV) a generally-
                                                available election under
                                                title 26.

                                    (C) A provision shall not be treated as
                                described in subparagraph (A)(ii) if--

                                            (i) it provides for the
                                        retention of prior law with respect
                                        to all binding contracts or other
                                        legally enforceable obligations in
                                        existence on a date contemporaneous
                                        with congressional action specifying
                                        such date; or

                                            (ii) it is a technical
                                        correction to previously enacted
                                        legislation that is estimated to
                                        have no revenue effect.

                                    (D) For purposes of subparagraph (A)--

                                            (i) all businesses and
                                        associations which are related
                                        within the meaning of sections
                                        707(b) and 1563(a) of title 26 shall
                                        be treated as a single beneficiary;

                                            (ii) all qualified plans of an
                                        employer shall be treated as a
                                        single beneficiary;

                                            (iii) all holders of the same
                                        bond issue shall be treated as a
                                        single beneficiary; and

                                            (iv) if a corporation,
                                        partnership, association, trust or
                                        estate is the beneficiary of a
                                        provision, the shareholders of the
                                        corporation, the partners of the
                                        partnership, the members of the
                                        association, or the beneficiaries of
                                        the trust or estate shall not also
                                        be treated as beneficiaries of such
                                        provision.

                                    (E) For purposes of this paragraph, the
                                term ``revenue-losing provision'' means any
                                provision which results in a reduction in
                                Federal tax revenues for any one of the two
                                following periods--

                                            (i) the first fiscal year for
                                        which the provision is effective; or

                                            (ii) the period of the 5 fiscal
                                        years beginning with the first
                                        fiscal year for which the provision
                                        is effective.

    [[Page 482]]

                                    (F) The terms used in this paragraph
                                shall have the same meaning as those terms
                                have generally in title 26, unless otherwise
                                expressly provided.

                                (10) OMB

                                    The term ``OMB'' means the Director of
                                the Office of Management and Budget. (Pub.
                                L. 93-344, Title X, Sec. 1026, as added Pub.
                                L. 104-130, Sec. 2(a), Apr. 9, 1996, 110
                                Stat. 1207, and amended Pub. L. 105-33,
                                Title X, Sec. 10122, Aug. 5, 1997, 111 Stat.
                                697.)

    399.39-34f
    399.39-34f  Sec. 691f. Identification of limited tax benefits.
                (a) Statement by Joint Tax Committee
                    The Joint Committee on Taxation shall review any revenue
                or reconciliation bill or joint resolution which includes
                any amendment to title 26 that is being prepared for filing
                by a committee of conference of the two Houses, and shall
                identify whether such bill or joint resolution contains any
                limited tax benefits. The Joint Committee on Taxation shall
                provide to the committee of conference a statement
                identifying any such limited tax benefits or declaring that
                the bill or joint resolution does not contain any limited
                tax benefits. Any such statement shall be made available to
                any Member of Congress by the Joint Committee on Taxation
                immediately upon request.
                (b) Statement included in legislation
                    (1) Notwithstanding any other rule of the House of
                Representatives or any rule or precedent of the Senate, any
                revenue or reconciliation bill or joint resolution which
                includes any amendment to title 26 reported by a committee
                of conference of the two Houses may include, as a separate
                section of such bill or joint resolution, the information
                contained in the statement of the Joint Committee on
                Taxation, but only in the manner set forth in paragraph (2).
                    (2) The separate section permitted under paragraph (1)
                shall read as follows: ``Section 1021(a)(3) of the
                Congressional Budget and Impoundment Control Act of 1974 [7
                U.S.C. 691(a)(3)] shall ____ apply to ____.'', with the
                blank spaces being filled in with--
                                (A) in any case in which the Joint Committee
                            on Taxation identifies limited tax benefits in
                            the statement required under subsection (a) of
                            this section, the word ``only'' in the first
                            blank space and a list of all of the specific
                            provisions of the bill or joint resolution
                            identified by the Joint Committee on Taxation in
                            such statement in the second blank space; or
                                (B) in any case in which the Joint Committee
                            on Taxation declares that there are no limited
                            tax benefits in the statement required under
                            subsection (a) of this section, the word ``not''
                            in the first blank space and the phrase ``any
                            provision of this Act'' in the second blank
                            space.
                (c) President's authority
                    If any revenue or reconciliation bill or joint
                resolution is signed into law pursuant to Article I, section
                7, of the Constitution of the United States--
                                (1) with a separate section described in
                            subsection (b)(2) of this section, then the
                            President may use the authority granted in
                            section

    [[Page 483]]

                            691(a)(3) of this title only to cancel any
                            limited tax benefit in that law, if any,
                            identified in such separate section; or
                                (2) without a separate section described in
                            subsection (b)(2) of this section, then the
                            President may use the authority granted in
                            section 691(a)(3) of this title to cancel any
                            limited tax benefit in that law that meets the
                            definition in section 691e of this title.
                (d) Congressional identifications of limited tax benefits
                    There shall be no judicial review of the congressional
                identification under subsections (a) and (b) of this section
                of a limited tax benefit in a conference report. (Pub. L.
                93-344, Title X, Sec. 1027, as added Pub. L. 104-130,
                Sec. 2(a), Apr. 9, 1996, 110 Stat. 1210.)
     399.39-35
     399.39-35  Sec. 692. Judicial review.
                (a) Expedited review
                    (1) Any Member of Congress or any individual adversely
                affected, by this subchapter may bring an action, in the
                United States District Court for the District of Columbia,
                for declaratory judgment and injunctive relief on the ground
                that any provision of this part violates the Constitution.
                    (2) A copy of any complaint in an action brought under
                paragraph (1) shall be promptly delivered to the Secretary
                of the Senate and the Clerk of the House of Representatives,
                and each House of Congress shall have the right to intervene
                in such action.
                    (3) Nothing in this section or in any other law shall
                infringe upon the right of the House of Representatives to
                intervene in an action brought under paragraph (1) without
                the necessity of adopting a resolution to authorize such
                intervention.
                (b) Appeal to Supreme Court
                    Notwithstanding any other provision of law, any order of
                the United States District Court for the District of
                Columbia which is issued pursuant to an action brought under
                paragraph (1) of subsection (a) of this section shall be
                reviewable by appeal directly to the Supreme Court of the
                United States. Any such appeal shall be taken by a notice of
                appeal filed within 10 calendar days after such order is
                entered; and the jurisdictional statement shall be filed
                within 30 calendar days after such order is entered. No stay
                of an order issued pursuant to an action brought under
                paragraph (1) of subsection (a) of this section shall be
                issued by a single Justice of the Supreme Court.
                (c) Expedited consideration
                    It shall be the duty of the District Court for the
                District of Columbia and the Supreme Court of the United
                States to advance on the docket and to expedite to the
                greatest possible extent the disposition of any matter
                brought under subsection (a) of this section. (Pub. L. 104-
                130, Sec. 3, Apr. 9, 1996, 110 Stat. 1211.)
                                        Codification
                    Section enacted as part of the Line Item Veto Act of Act
                of 1996, and not as part of the Congressional Budget and
                Impoundment Control Act of 1974.

    [[Page 484]]

                                       Effective Date
                    Section effective January 1, 1997 and not enforceable or
                effective on or after January 1, 2005, see section 5 of Pub.
                L. 104-130, set out as a note under section 691 of this
                title.

                 Chapter 20.--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS

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

        399.40
        399.40  Sec. 900. Statement of budget enforcement through
                    sequestration; definitions.
                (a) Omitted
                (b) General statement of budget enforcement through
                    sequestration
                    This chapter provides for budget enforcement as called
                for in House Concurrent Resolution 84 (105th Congress, 1st
                session).
                (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
                            622 of this title and ``discretionary spending
                            limit'' shall mean the amounts specified in
                            section 901 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)(A) The term ``category'' means the
                            subsets of discretionary appropriations in
                            section 901(c) of this title. Discretionary
                            appropriations in each of the categories shall
                            be those designated in the joint explanatory
                            statement accompanying the conference report on
                            the Balanced Budget Act of 1997. New accounts or
                            activities shall be categorized only after
                            consultation with the Committees on
                            Appropriations and the Budget of the House of
                            Representatives and the Senate and that
                            consultation shall, to the extent practicable,
                            include written communication to such committees
                            that affords such committees the opportunity to
                            comment before official action is taken with
                            respect to new accounts or activities.
                                (B) The term ``highway category'' refers to
                            the following budget accounts or portions
                            thereof that are subject to the obligation
                            limitations on contract authority set forth in
                            the Transportation Equity Act for the 21st
                            Century:

                                    (i) 69-8083-0-7-401 (Federal-Aid
                                Highways).

                                    (ii) 69-8020-0-7-401 (Highway Traffic
                                Safety Grants).

                                    (iii) 69-8048-0-7-401 (National Motor
                                Carrier Safety Program).

                                    (iv) 69-8016-0-7-401 (Operations and
                                Research NHTSA).

    [[Page 485]]

                                (C) The term ``mass transit category''
                            refers to the following budget accounts or
                            portions thereof that are subject to the
                            obligation limitations on contract authority
                            provided in the Transportation Equity Act for
                            the 21st Century or for which appropriations are
                            provided pursuant to authorizations contained in
                            that Act (except that appropriations provided
                            pursuant to section 5338(h) of title 49, as
                            amended by the Transportation Equity Act for the
                            21st Century, shall not be included in this
                            category):

                                    (i) 69-8191-0-7-401 (Mass Transit
                                Capital Fund).

                                    (ii) 69-8350-0-7-401 (Trust Fund Share
                                of Expenses).

                                    (iii) 69-1129-0-1-401 (Formula Grants).

                                    (iv) 69-1120-0-1-401 (Administrative
                                Expenses).

                                    (v) 69-1136-0-1-401 (University
                                Transportation Centers).

                                    (vi) 69-1137-0-1-401 (Transit Planning
                                and Research).

                        Such term also refers to the Washington Metropolitan
                        Transit Authority account (69-1128-01-1-401) only
                        for fiscal year 1999 only for appropriations
                        provided pursuant to authorizations contained in
                        section 14 of Public Law 96-184 and Public Law 101-
                        551.
                                (D) Special rule:
                                (i) Any outlays in excess of the
                            discretionary spending limit set forth in
                            section 901(c) of this title for the highway or
                            mass transit category, as adjusted, for the
                            budget year shall be considered nondefense
                            category outlays or discretionary category
                            outlays.
                                (ii) If the obligation limitations for
                            accounts in the highway or mass transit category
                            provided in an appropriation Act for a fiscal
                            year exceed the obligation limitations set forth
                            in section 8103 of the Transportation Equity Act
                            for the 21st Century for that year, as adjusted,
                            the estimated outlays flowing for each outyear
                            from such excess obligations calculated pursuant
                            to clause (iii) shall be attributed to the
                            discretionary category in that outyear.
                                (iii) For purposes of clause (ii), outlays
                            from excess obligations shall be determined
                            using the average of the spendout rates for that
                            category in the baseline.
                                (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
                            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 that budget
                            submission that are not included with it,

    [[Page 486]]

                            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.
                                (14) The term ``outyear'' means, with
                            respect to a budget year, any of the first 4
                            fiscal years that follow the budget year.
                                (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) 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 Balanced Budget Act of 1997.
                                (18) The term ``deposit insurance'' refers
                            to the Federal deposit insurance agencies, and
                            other Federal agencies supervising insured
                            depository institutions, resulting from full
                            funding of, and continuation of, the deposit
                            insurance guarantee commitment in effect under
                            current estimates.
                                (19) The term ``asset sale'' means the sale
                            to the public of any asset (except for those
                            assets covered by Title V of the Congressional
                            Budget Act of 1974), whether physical or
                            financial, owned in whole or in part by the
                            United States. (Pub. L. 99-177, Title II,
                            Sec. 250, as added and amended Pub. L. 101-508,
                            Title XIII, Sec. 13101(a), (b), Nov. 5, 1990,
                            104 Stat. 1388-575, 1388-589; Pub. L. 105-33,
                            Title X, Sec. 10202, Aug. 5, 1997, 111 Stat.
                            697; Pub. L. 105-178, Title VIII, Sec. 8101(c),
                            (f), June 9, 1998, 112 Stat. 489, as amended
                            Pub. L. 105-206, Title IX, Sec. 9013(b), July
                            22, 1998, 112 Stat. 865.)
                            Waivers and Suspensions in the Senate
                    Section 271(b) of Pub. L. 99-177, as amended by Pub. L.
                100-119, Title II, Sec. 211, Sept. 29, 1987, 101 Stat. 787,
                provided that: ``Sections 301(i), 302(c), 302(f), 304(b),
                310(d), 310(g), and 311(a) of the Congressional Budget Act
                of 1974 [sections 632(i), 633(c), 633(f), 635(b), 641(d),
                641(g), and 642(a) 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. This subsection shall
                not apply to any joint resolution reported or discharged
                pursuant to section 254(a) of this joint resolution [section
                904(a) of this title].''
                    [For effective and termination dates of section 271(b)
                of Pub. L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub.
                L. 99-177, set out as a note above.]
                                     Appeals of Rulings
                    Section 271(c) of Pub. L. 99-177, as enacted by Pub. L.
                100-119, Title II, Sec. 210(a), Sept. 29, 1987, 101 Stat.
                787, provided that: ``An affirmative vote of

    [[Page 487]]

                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
                section 301(i), 302(c), 302(f), 304(b), 306, 310(g), or
                311(a) of the Congressional Budget Act of 1974.'' [sections
                632(i), 633(c), 633(f), 635(b), 637, 641(d), 641(g), or
                642(a) of this title].
                    [For effective and termination dates of section 271(c)
                of Pub. L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub.
                L. 99-177, set out as a note above.]
        399.41
        399.41  Sec. 901. Enforcing discretionary spending limits.
                (a) 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.
                    (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(f) of this title, each account
                            within subfunctional category 051 (other than
                            those military personnel accounts for which the
                            authority provided under section 905(f) of this
                            title has been exercised) shall be further
                            reduced by a dollar amount calculated by
                            multiplying the enacted level of nonexempt
                            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

    [[Page 488]]

                                    (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 amounts
                            for that breach.
                    (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 of 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) Estimates
                                (A) CBO 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.

                                (B) OMB estimates and explanation of
                            differences

                                    Not later than 7 calendar days
                                (excluding Saturdays, Sundays, and legal
                                holidays) after the date of enactment of any
                                discretionary appropriation, OMB shall
                                transmit a report to the House of
                                Representatives and to the Senate containing
                                the CBO estimate of that 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 2 estimates. If
                                during the preparation of the report OMB
                                determines that there is a significant
                                difference between OMB and CBO, OMB shall
                                consult with the Committees on the Budget of
                                the House of Representatives and the Senate
                                regarding that difference and that
                                consultation shall include, to the extent
                                practicable, written communication to those
                                committees that affords such committees the
                                opportunity to comment before the issuance
                                of the report.

                                (C) Assumptions and guidelines

                                    OMB estimates under this paragraph shall
                                be made using current economic and technical
                                assumptions. OMB shall use the OMB estimates
                                transmitted to the Congress under this
                                paragraph. 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.

                                (D) Annual appropriations

    [[Page 489]]

                                    For purposes of this paragraph, amounts
                                provided by annual appropriations shall
                                include any new budget authority and outlays
                                for the current year (if any) and the budget
                                authority and outlays for the current year
                                (if any) and the budget year in accounts for
                                which funding is provided in that
                                legislation that result from previously
                                enacted legislation.

                (b) Adjustments to discretionary spending limits
                    (1) Preview report
                                (A) Concepts and definitions

                                    When the President submits the budget
                                under section 1105 of title 31, OMB shall
                                calculate and the budget shall include
                                adjustments to discretionary spending limits
                                (and those limits as cumulatively adjusted)
                                for the budget year and each outyear to
                                reflect changes in concepts and definitions.
                                Such changes 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 changes may only be made after
                                consultation with the Committees on
                                Appropriations and the Budget of the House
                                of Representatives and the Senate and that
                                consultation shall include written
                                communication to such committees that
                                affords such committees the opportunity to
                                comment before official action is taken with
                                respect to such changes.

                                (B) Adjustment to align highway spending
                            with revenues

                                    (i) When the President submits the
                                budget under section 1105 of title 31, OMB
                                shall calculate and the budget shall include
                                adjustments to the highway category for the
                                budget year and each outyear as provided in
                                clause (ii)(I)(cc).

                                    (ii)(I)(aa) OMB shall take the actual
                                level of highway receipts for the year
                                before the current year and subtract the sum
                                of the estimated level of highway receipts
                                in subclause (II) plus any amount previously
                                calculated under item (bb) for that year.

                                    (bb) OMB shall take the current estimate
                                of highway receipts for the budget year and
                                subtract the estimated level of receipts for
                                that year.

                                    (cc) OMB shall take the sum of the
                                amounts calculated under items (aa) and
                                (bb), add that sum to the amount of
                                obligations set forth in section 8103 of the
                                Transportation Equity Act for the 21st
                                Century for the highway category for the
                                budget year, and calculate the outlay change
                                resulting from that change in obligations
                                relative to that amount for the budget year
                                and each outyear using current estimates.
                                After making the calculation under the
                                preceding sentence, OMB shall adjust the
                                amount of obligations set forth in that
                                section for the budget year by adding the
                                sum of the amounts calculated under items
                                (aa) and (bb).

                                    (II) The estimated level of highway
                                receipts for the purposes of this clause
                                are--

                                            (aa) for fiscal year 1998,
                                        $22,164,000,000;

                                            (bb) for fiscal year 1999,
                                        $32,619,000,000;

                                            (cc) for fiscal year 2000,
                                        $28,066,000,000;

                                            (dd) for fiscal year 2001,
                                        $28,506,000,000;

                                            (ee) for fiscal year 2002,
                                        $28,972,000,000; and

    [[Page 490]]

                                            (ff) for fiscal year 2003,
                                        $29,471,000,000.

                                    (III) In this clause, the term ``highway
                                receipts'' means the governmental receipts
                                credited to the highway account of the
                                Highway Trust Fund.

                                (C)(i) In addition to the adjustment
                            required by subparagraph (B), when the President
                            submits the budget under section 1105 of title
                            31 for fiscal years 2000, 2001, 2002, or 2003,
                            OMB shall calculate and the budget shall include
                            for the budget year and each outyear an
                            adjustment to the limits on outlays for the
                            highway category and the mass transit category
                            equal to--

                                    (I) the outlays for the applicable
                                category calculated assuming obligation
                                levels consistent with the estimates
                                prepared pursuant to subparagraph levels
                                consistent with the estimates prepared
                                pursuant to subparagraph (D), as adjusted,
                                using current technical assumptions; minus

                                    (II) the outlays for the applicable
                                category set forth in the subparagraph (D)
                                estimates, as adjusted.

                                (ii) The adjustment made pursuant to clause
                            (i) in the fiscal years 2002 and 2003 budget
                            submissions of the President under section
                            1105(a) of title 31 shall not exceed 4 percent
                            plus cumulative carryovers. In this clause, the
                            term ``cumulative carryovers'' means the total
                            of each amount by which outlays for the highway
                            and mass transit category for any fiscal year
                            are less than the outlay limit for that
                            category, as adjusted, for that year less any
                            amount of carryover used in the previous year.
                                (D)(i) When OMB and CBO submit their final
                            sequester report for fiscal year 1999, that
                            report shall include an estimate of the outlays
                            for each of the categories that would result in
                            fiscal years 2000 through 2003 from obligations
                            at the levels specified in section 8103 of the
                            Transportation Equity Act for the 21st Century
                            using current assumptions.
                                (ii) When the President submits the budget
                            under section 1105 of title 31 for fiscal years
                            2000, 2001, 2002, or 2003, OMB shall adjust the
                            estimates made in clause (i) by the adjustments
                            by subparagraphs (B) and (C).
                                (E) OMB shall consult with the Committees on
                            the Budget and include a report on adjustments
                            under subparagraphs (B) and (C) in the preview
                            report.
                    (2) Sequestration reports
                                When OMB submits a sequestration report
                            under section 904(e), (f), or (g) of this title
                            for a fiscal year, OMB shall calculate, 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 2002, as follows:

                                    (A) Emergency appropriations

                                            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 fiscal years from such
                                        appropriations. This subparagraph
                                        shall not

    [[Page 491]]

                                        apply to appropriations to cover
                                        agricultural crop disaster
                                        assistance.

                                    (B) Special outlay allowance

                                            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 for a fiscal
                                        year is the amount of the excess but
                                        not to exceed 0.5 percent of the sum
                                        of the adjusted discretionary
                                        spending limits on outlays for that
                                        fiscal year.

                                    (C) Continuing disability reviews

                                            (i) If a bill or joint
                                        resolution making appropriations for
                                        a fiscal year is enacted that
                                        specifies an amount for continuing
                                        disability reviews under the heading
                                        ``Limitation on Administrative
                                        Expenses'' for the Social Security
                                        Administration, the adjustments for
                                        that fiscal year shall be the
                                        additional new budget authority
                                        provided in that Act for such
                                        reviews for that fiscal year and the
                                        additional outlays flowing from such
                                        amounts, but shall not exceed--

                                                    (I) for fiscal year
                                                1998, $290,000,000 in
                                                additional new budget
                                                authority and $338,000,000
                                                in additional outlays;
                                                    (II) for fiscal year
                                                1999, $520,000,000 in
                                                additional new budget
                                                authority and $520,000,000
                                                in additional outlays;
                                                    (III) for fiscal year
                                                2000, $520,000,000 in
                                                additional new budget
                                                authority and $520,000,000
                                                in additional outlays;
                                                    (IV) for fiscal year
                                                2001, $520,000,000 in
                                                additional new budget
                                                authority and $520,000,000
                                                in additional outlays; and
                                                    (V) for fiscal year
                                                2002, $520,000,000 in
                                                additional new budget
                                                authority and $520,000,000
                                                in additional outlays.

                                            (ii) As used in this
                                        subparagraph--

                                                    (I) the term
                                                ``continuing disability
                                                reviews'' means reviews or
                                                redeterminations as defined
                                                under section 201(g)(1)(A)
                                                of the Social Security Act
                                                [42 U.S.C. 401(g)(1)(A)] and
                                                reviews and redeterminations
                                                authorized under section 211
                                                of the Personal
                                                Responsibility and Work
                                                Opportunity Reconciliation
                                                Act of 1996;
                                                    (II) the term
                                                ``additional new budget
                                                authority'' means the amount
                                                provided for a fiscal year,
                                                in excess of $200,000,000,
                                                in an appropriations Act and
                                                specified to pay for the
                                                costs of continuing
                                                disability reviews under the
                                                heading ``Limitation on
                                                Administrative Expenses''
                                                for the Social Security
                                                Administration; and
                                                    (III) the term
                                                ``additional outlays'' means
                                                outlays, in excess of
                                                $200,000,000 in a fiscal
                                                year, flowing from the
                                                amounts specified for
                                                continuing disability
                                                reviews under the heading
                                                ``Limitation on
                                                Administrative Expenses''
                                                for the Social Security
                                                Administration, includ

    [[Page 492]]

                                                ing outlays in that fiscal
                                                year flowing from amounts
                                                specified in Acts enacted
                                                for prior fiscal years (but
                                                not before 1996).

                                    (D) Allowance for IMF

                                            If an appropriation bill or
                                        joint resolution is enacted for a
                                        fiscal year through 2002 that
                                        includes an appropriation with
                                        respect to clause (i) or (ii), the
                                        adjustment shall be the amount of
                                        budget authority in the measure that
                                        is the dollar equivalent of the
                                        Special Drawing Rights with respect
                                        to--

                                                    (i) an increase in the
                                                United States quota as part
                                                of the International
                                                Monetary Fund Eleventh
                                                General Review of Quotas
                                                (United States Quota); or
                                                    (ii) any increase in the
                                                maximum amount available to
                                                the Secretary of the
                                                Treasury pursuant to section
                                                17 of the Bretton Woods
                                                Agreement Act, as amended
                                                from time to time (New
                                                Arrangements to Borrow).

                                    (E) Allowance for international
                                arrearages

                                            (i) Adjustments

                                                    If an appropriation bill
                                                or joint resolution is
                                                enacted for fiscal year
                                                1998, 1999, or 2000 that
                                                includes an appropriation
                                                for arrearages for
                                                international organizations,
                                                international peacekeeping,
                                                and multilateral development
                                                banks for that fiscal year,
                                                the adjustment shall be the
                                                amount of budget authority
                                                in that measure and the
                                                outlays flowing in all
                                                fiscal years from that
                                                budget authority.

                                            (ii) Limitations

                                                    The total amount of
                                                adjustments made pursuant to
                                                this subparagraph for the
                                                period of fiscal years 1998
                                                through 2000 shall not
                                                exceed $1,884,000,000 in
                                                budget authority.

                                    (F) EITC compliance initiative

                                            If an appropriation bill or
                                        joint resolution is enacted for a
                                        fiscal year that includes an
                                        appropriation for an earned income
                                        tax credit compliance initiative,
                                        the adjustment shall be the amount
                                        of budget authority in that measure
                                        for that initiative and the outlays
                                        flowing in all fiscal years from
                                        that budget authority, but not to
                                        exceed--

                                                    (i) with respect to
                                                fiscal year 1998,
                                                $138,000,000 in new budget
                                                authority and $131,000,000
                                                in outlays;
                                                    (ii) with respect to
                                                fiscal year 1999,
                                                $143,000,000 in new budget
                                                authority and $143,000,000
                                                in outlays;
                                                    (iii) with respect to
                                                fiscal year 2000,
                                                $144,000,000 in new budget
                                                authority and $144,000,000
                                                in outlays;
                                                    (iv) with respect to
                                                fiscal year 2001,
                                                $145,000,000 in new budget
                                                authority and $145,000,000
                                                in outlays; and
                                                    (v) with respect to
                                                fiscal year 2002,
                                                $146,000,000 in new budget
                                                authority and $146,000,000
                                                in outlays.

                                    (G) Adoption incentive payments

                                            Whenever a bill or joint
                                        resolution making appropriations for
                                        fiscal year 1999, 2000, 2001, 2002,
                                        or 2003 is enacted

    [[Page 493]]

                                        that specifies an amount for
                                        adoption incentive payments pursuant
                                        to this part for the Department of
                                        Health and Human Services--

                                                    (i) the adjustments for
                                                new budget authority shall
                                                be the amounts of new budget
                                                authority provided in that
                                                measure for adoption
                                                incentive payments, but not
                                                to exceed $20,000,000; and
                                                    (ii) the adjustment for
                                                outlays shall be the
                                                additional outlays flowing
                                                from such amount.
                (c) Discretionary spending limit
                    As used in this subchapter, the term ``discretionary
                spending limit'' means--
                                (1) with respect to fiscal year 1997, for
                            the discretionary category, the current adjusted
                            limits of new budget authority and outlays;
                                (2) with respect to fiscal year 1998--

                                    (A) for the defense category:
                                $269,000,000,000 in new budget authority and
                                $266,823,000,000 in outlays;

                                    (B) for the nondefense category:
                                $252,357,000,000 in new budget authority and
                                $282,853,000,000 in outlays; and

                                    (C) for the violent crime reduction
                                category: $5,500,000,000 in new budget
                                authority and $3,592,000,000 in outlays;

                                (3) with respect to fiscal year 1999--

                                    (A) for the defense category:
                                $271,500,000,000 in new budget authority and
                                $266,518,000,000 in outlays;

                                    (B) for the nondefense category:
                                $255,699,000,000 in new budget authority and
                                $287,850,000,000 in outlays;

                                    (C) for the violent crime reduction
                                category: $5,800,000,000 in new budget
                                authority and $4,953,000,000 in outlays;

                                    (D) for the highway category:
                                $21,885,000,000 in outlays; and

                                    (E) for the mass transit category:
                                $4,401,000,000 in outlays;

                                (4) with respect to fiscal year 2000--

                                    (A) for the discretionary category:
                                $532,693,000,000 in new budget authority and
                                $558,711,000,000 in outlays;

                                    (B) for the violent crime reduction
                                category: $4,500,000,000 in new budget
                                authority and $5,554,000,000 in outlays;

                                    (C) for the highway category:
                                $24,436,000,000 in outlays; and

                                    (D) for the mass transit category:
                                $4,761,000,000 in outlays;

                                (5) with respect to fiscal year 2001--

                                    (A) for the discretionary category:
                                $542,032,000,000 in new budget authority and
                                $564,396,000,000 in outlays;

                                    (B) for the highway category:
                                $26,204,000,000 in outlays; and

                                    (C) for the mass transit category:
                                $5,190,000,000 in outlays; and

                                (6) with respect to fiscal year 2002--

                                    (A) for the discretionary category:
                                $551,074,000,000 in new budget authority and
                                $560,799,000,000 in outlays;

                                    (B) for the highway category:
                                $26,977,000,000 in,outlays; and

                                    (C) for the mass transit category:
                                $5,709,000,000 in outlays; and

                                (7) with respect to fiscal year 2003--

                                    (A) for the highway category:
                                $27,728,000,000 in outlays; and

                                    (B) for the mass transit category:
                                $6,256,000,000 in outlays.

    [[Page 494]]

                as adjusted in strict conformance with subsection (b) of
                this section. (Pub. L. 99-177, Title II, Sec. 251, Dec. 12,
                1985, 99 Stat. 1063; 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, Title XIV, Sec. 14002(c)(1), Aug.
                10, 1993, 107 Stat. 683; Pub. L. 103-87, Title V, Sec. 571,
                Sept. 30, 1993, 107 Stat. 971; Pub. L. 103-306, Title V,
                Sec. 562, Aug. 23, 1994, 108 Stat. 1649; Pub. L. 103-354,
                Title I, Sec. 119(d)(1), Oct. 13, 1994, 108 Stat. 3208; Pub.
                L. 104-121, Title I, Sec. 103(b), Mar. 29, 1996, 110 Stat.
                848; Pub. L. 104-193, Title II, Sec. 211(d)(5)(B), Aug. 22,
                1996, 110 Stat. 2191; Pub. L. 104-208, div. A, Title I,
                Sec. 101(c) Title V, Sec. 577, Sept. 30, 1996, 110 Stat.
                3009-169; Pub. L. 105-33, Title X, Sec. 10203(a), (b), Aug.
                5, 1997, 111 Stat. 698; Pub. L. 105-89, Title II,
                Sec. 201(b)(1), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 105-
                178, Title VIII, Sec. 8101(a), (d), June 9, 1998, 112 Stat.
                488, 490.)

                   Offsetting Adjustment in Discretionary Spending Limits
                    Section 8101(b) of Pub. L. 105-178, as amended by Pub.
                L. 105-206, Title IX, Sec. 9013(a), July 22, 1998, 112 Stat.
                865, provided that:
                                ``(1) Adjustment of nondefense category for
                            FY1999.--The discretionary spending limit set
                            forth in section 251(c)(3)(B) of the Balanced
                            Budget and Emergency Deficit Control Act of
                            1985, as adjusted in conformance with section
                            251(b) of that Act, is reduced by $859,000,000
                            in new budget authority and $25,144,000,000 in
                            outlays.
                                ``(2) Adjustment of discretionary category
                            for FY2000.--The discretionary spending limit
                            set forth in section 251(c)(4)(A) of the
                            Balanced Budget and Emergency Deficit Control
                            Act of 1985, as adjusted in conformance with
                            section 251(b) of that Act, is reduced by
                            $859,000,000 in new budget authority and
                            $26,009,000,000 in outlays.
                                ``(3) Adjustment of discretionary spending
                            limit for FY2001.--The discretionary spending
                            limit set forth in section 251(c)(5)(A) of the
                            Balanced Budget and Emergency Deficit Control
                            Act of 1985, as adjusted in conformance with
                            section 251(b) of that Act, is reduced by
                            $859,000,000 in new budget authority and
                            $26,329,000,000 in outlays.
                                ``(4) Adjustment of discretionary spending
                            limit for FY2002.--The discretionary spending
                            limit set forth in section 251(c)(6)(A) of the
                            Balanced Budget and Emergency Deficit Control
                            Act of 1985, as adjusted in conformance with
                            section 251(b) of that Act, is reduced by
                            $859,000,000 in new budget authority and
                            $26,675,000,000 in outlays.''

                [Amendment by Pub. L. 105-206 effective as if included in
                enactment of Pub. L. 105-178, approved June 9, 1998, see
                section 9016 of Pub. L. 105-206, set out as a note under
                section 101 of Title 23, Highways.]

                               Level of Obligation Limitations
                    Section 8103 of Pub. L. 105-178 provided that:
                                ``(a) Highway Category.--For the purposes of
                            section 251(b) of the Balanced Budget and
                            Emergency Deficit Control Act of 1985, the level
                            of obligation limitations for the highway
                            category is--

                                    ``(1) for fiscal year 1999,
                                $25,883,000,000;

    [[Page 495]]

                                    ``(2) for fiscal year 2000,
                                $26,629,000,000;

                                    ``(3) for fiscal year 2001,
                                $27,158,000,000;

                                    ``(4) for fiscal year 2002,
                                $27,767,000,000; and

                                    ``(5) for fiscal year 2003,
                                $28,233,000,000.

                                ``(b) Mass Transit Category.--For the
                            purposes of section 251(b) of the Balanced
                            Budget and Emergency Deficit Control Act of
                            1985, the level of obligation limitations for
                            the mass transit category is--

                                    ``(1) for fiscal year 1999,
                                $5,365,000,000;

                                    ``(2) for fiscal year 2000,
                                $5,797,000,000;

                                    ``(3) for fiscal year 2001,
                                $6,271,000,000;

                                    ``(4) for fiscal year 2002,
                                $6,747,000,000; and

                                    ``(5) for fiscal year 2003,
                                $7,226,000,000.

                For purposes of this subsection, the term `obligation
                limitations' means the sum of budget authority and
                obligation limitations.''

       399.41a
       399.41a  Sec. 901a. Repealed. Pub. L 105-33, Title X, Sec.
                    10204(a)(1), Aug. 5, 1997, 111 Stat. 702.
                    Section, Pub. L. 99-177, Sec. 251a, as added Pub. L.
                103-322, Title XXXI, Sec. 310001(g)(1), Sept. 13, 1994, 108
                Stat. 2104, related to sequestration with respect to Violent
                Crime Reduction Trust Fund.
        399.42
        399.42  Sec. 902. Enforcing pay-as-you-go.
                (a) Purpose
                    The purpose of this section is to assure that any
                legislation enacted before October 1, 2002, affecting direct
                spending or receipts that increases the deficit will trigger
                an offsetting sequestration.
                (b) Sequestration
                    (1) Timing
                                Not later than 15 calendar days after the
                            date Congress adjourns to end a session and on
                            the same day as a sequestration (if any) under
                            section 901 or 903 of this title, there shall be
                            a sequestration to offset the amount of any net
                            deficit increase caused by all direct spending
                            and receipts legislation enacted before October
                            1, 2002, as calculated under paragraph (2).
                    (2) Calculation of deficit increase
                                OMB shall calculate the amount of deficit
                            increase or decrease by adding--

                                    (A) all OMB estimates for the budget
                                year of direct spending and receipts
                                legislation transmitted under subsection (d)
                                of this section;

                                    (B) the estimated amount of savings in
                                direct spending programs applicable to
                                budget year resulting from the prior year's
                                sequestration under this section or section
                                903 of this title, if any, as published in
                                OMB's final sequestration report for that
                                prior year; and

                                    (C) any net deficit increase or decrease
                                in the current year resulting from all OMB
                                estimates for the current year of direct
                                spending and receipts legislation
                                transmitted under subsection (d) of this
                                section that were not reflected in the final
                                OMB sequestration report for the current
                                year.

    [[Page 496]]

                (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) (guaranteed and direct
                                student loans) and 906(c) (foster care and
                                adoption assistance) of this title 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) Estimates
                    (1) CBO estimates
                                As soon as practicable after Congress
                            completes action on any direct spending or
                            receipts legislation, CBO shall provide an
                            estimate to OMB of that legislation.
                    (2) OMB estimates
                                Not later than 7 calendar days (excluding
                            Saturdays, Sundays, and legal holidays) after
                            the date of enactment of any direct spending or
                            receipts legislation, OMB shall transmit a
                            report to the House of Representatives and to
                            the Senate containing--

                                    (A) the CBO estimate of that
                                legislation;

                                    (B) an OMB estimate of that legislation
                                using current economic and technical
                                assumptions; and

                                    (C) an explanation of any difference
                                between the 2 estimates.

                    (3) Significant differences
                                If during the preparation of the report
                            under paragraph (2) OMB determines that there is
                            a significant difference between the OMB and CBO
                            estimates, OMB shall consult with the Committees
                            on the Budget of the House of Representatives
                            and the Senate regarding that difference and
                            that consultation, to the extent practicable,
                            shall include written communication to such
                            committees that affords

    [[Page 497]]

                            such committees the opportunity to comment
                            before the issuance of that report.
                    (4) Scope of estimates
                                The estimates under this section shall
                            include the amount of change in outlays or
                            receipts for the current year (if applicable),
                            the budget year, and each outyear excluding any
                            amounts resulting from--

                                    (A) full finding of, and continuation
                                of, the deposit insurance guarantee
                                commitment in effect under current
                                estimates; and

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

                    (5) Scorekeeping guidelines
                                OMB and CBO, after consultation with each
                            other and the Committees on the Budget of the
                            House of Representatives and the Senate, shall--

                                    (A) determine common scorekeeping
                                guidelines; and

                                    (B) in conformance with such guidelines,
                                prepare estimates under this section.

                (e) Emergency legislation

                If 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 resulting from that provision shall be
                designated as an emergency requirement in the reports
                required under subsection (d) of this section. This
                subsection shall not apply to direct spending provisions to
                cover agricultural crop disaster assistance. (Pub. L. 99-
                177, Title II, Sec. 252, Dec. 12, 1985, 99 Stat. 1072; 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. 1388-581; Pub. L.
                103-354, Title I, Sec. 119(d)(2), Oct. 13, 1994, 108 Stat.
                3208; Pub. L. 105-33, Title X, Sec. 10205, Aug. 5, 1997, 111
                Stat. 702.)

        399.43
        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 (enforcing
                discretionary spending limits) of this title or section 902
                (enforcing pay-as-you-go) of this title, 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 reesti

    [[Page 498]]

                            mate 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 (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) (guaranteed student loans) and 906(c)
                                (foster care and adoption assistance) of
                                this title 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

    [[Page 499]]

                                following fiscal year shall be credited as
                                outlay reductions in the fiscal year of the
                                sequestration.

                (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 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) 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

    [[Page 500]]

                            maximum deficit amount for that fiscal year
                            shall be adjusted by 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
                            Presidents 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 665 of
                                this title 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 the date of
                                enactment of this section (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'
                                        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 501]]

                            fiscal year 1993). (Pub. L. 99-177, Title II,
                            Sec. 253, Dec. 12, 1985, 99 Stat. 1078; Pub. L.
                            100-119, Title I, Sec. 103, Sept. 29, 1987, 101
                            Stat. 775; Pub. L. 101-508, Title XIII,
                            Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-
                            583.)
        399.44
        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 report.
     submission.
    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.
    ------------------------------------------------------------------------

                (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) 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 2002 of the applicable
                            discretionary spending limits for each category
                            and an explanation of any adjustments in such
                            limits under section 901 of this title.
                    (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

    [[Page 502]]

                                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, and 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.
                (d) 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(f)
                of this title.
                (e) Sequestration update reports
                    On the dates specified in subsection (a) of this
                section, OMB and CBO shall issue a sequestration updated
                report, reflecting laws enacted through those dates,
                containing all of the information required in the
                sequestration preview reports.
                (f) 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 2002 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.

    [[Page 503]]

                                    (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 sequestrable budgetary
                                resources and resulting outlays and the
                                amount of budgetary resources to be
                                sequestered and resulting outlay reductions.

                    (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 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
                            sequestrable resources for any budget account to
                            be reduced if such difference is greater than
                            $5,000,000.
                    (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.
                (g) 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 \1\ (f)(2).
                Fifteen days after enactment, OMB shall issue a report
                containing the information required in paragraphs \1\ (f)(2)
                and (f)(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.
                    \1\ So in original. Probably means ``subsection''.
                (h) GAO compliance report
                    Upon request of the Committee on the Budget of the House
                of Representatives or the Senate, 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
                            subchapter, either certifying that the order
                            fully and accurately complies with such
                            requirements or indicating the respects in which
                            it does not; and

    [[Page 504]]

                                (2) the extent to which each report issued
                            by OMB or CBO under this section complies with
                            all of the requirements contained in this
                            subchapter, either certifying that the report
                            fully and accurately complies with such
                            requirements or indicating the respect in which
                            it does not.
                (i) 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.
                (j) 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; 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, Title XIV,
                Secs. 14002(c)(2), 14003(b), Aug. 10, 1993, 107 Stat. 684,
                685; Pub. L. 103-322, Title XXXI, Sec. 310001(g)(2), Sept.
                14, 1994, 108 Stat. 2105; Pub. L. 104-316, Title I,
                Sec. 102(d), Oct. 19, 1996, 110 Stat. 3828; Pub. L. 105-33,
                Title X, Sec. 10206, Aug. 5, 1997, 111 Stat. 704.)
        399.45
        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. 401 et seq.], and
                benefits payable under section 231b(a), 231b(f)(3), 231c(a),
                or 231c(f) of title 45, 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 Indemnities (36-0120-
                            0-1-701);
                                Special Therapeutic and Rehabilitation
                            Activities (36-4048-0-3-703);
                                Canteen Service Revolving Fund (36-4014-0-3-
                            705);

    [[Page 505]]

                                Benefits under chapter 21 of title 38
                            relating to specially adapted housing and
                            mortgage-protection life insurance for certain
                            veterans with service-connected disabilities
                            (36-0120-0-1-701);
                                Benefits under section 2307 of title 38
                            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
                            relating to automobiles and adaptive equipment
                            for certain disabled veterans and members of the
                            Armed Forces (36-0137-0-1-702);
                                Compensation (36-0153-0-1-701); and
                                Pensions (36-0154-0-1-701);
                                Benefits under chapter 35 of title 38,
                            United States Code, related to educational
                            assistance for survivors and dependents of
                            certain veterans with service-connected
                            disabilities (36-0137-0-1-702);
                                Assistance and services under chapter 31 of
                            title 38, United States Code, relating to
                            training and rehabilitation for certain veterans
                            with service-connected disabilities (36-0137-0-
                            1-702);
                                Benefits under subchapters I, II, and III of
                            chapter 37 of title 38, United States Code,
                            relating to housing loans for certain veterans
                            and for the spouses and surviving spouses of
                            certain veterans Guaranty and Indemnity Program
                            Account (36-1119-0-1-704);
                                Loan Guaranty Program Account (36-1025-0-1-
                            704); and
                                Direct Loan Program Account (36-1024-0-1-
                            704).
                (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
                title 26 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 subchapter.
                (f) Optional exemption of military personnel
                    (1) In general
                                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) Limitation
                                The President may not use the authority
                            provided by paragraph (1) unless the President
                            notifies the Congress of the manner in which
                            such authority will be exercised on or before
                            the date specified in section 904(a) of this
                            title for the budget year.
                (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:
                                Activities resulting from private donations,
                            bequests, or voluntary contributions to the
                            Government;

    [[Page 506]]

                                Activities financed by voluntary payments to
                            the Government for goods or services to be
                            provided for such payments;
                                Administration of Territories, Northern
                            Mariana Islands Covenant grants (14-0412-0-1-
                            806);
                                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 [16 U.S.C. 838k] (89-4045-0-3-271);
                                Bureau of Indian Affairs, Indian land and
                            water claims settlements and miscellaneous
                            payments to Indians (14-2303-0-1-452);
                                Bureau of Indian Affairs Miscellaneous trust
                            funds (14-9973-0-7-999);
                                Claims, judgments, and relief acts (20-1895-
                            0-1-808);
                                Compact of Free Association (14-0415-0-1-
                            808);
                                Compensation of the President (11-0001-0-1-
                            802);
                                Conservation Reserve Program (12-2319-0-1-
                            302);
                                Customs Service, miscellaneous permanent
                            appropriations (20-9922-0-2-806);
                                Comptroller of the Currency, Assessment
                            funds (20-8413-0-8-373);
                                Dual benefits payments account (60-0111-0-1-
                            601);
                                Exchange stabilization fund (20-4444-0-3-
                            155);
                                Farm Credit Administration, Limitation on
                            Administrative Expenses (78-4131-0-3-351);
                                Farm Credit System Financial Assistance
                            Corporation, interest payment (20-1850-0-1-908);
                                Farm Credit System Financial Assistance
                            Corporation, interest payments (20-1850-0-1-
                            351);
                                Federal Deposit Insurance Corporation, Bank
                            Insurance Fund (51-4064-0-3-373);
                                Federal Deposit Insurance Corporation, FSLIC
                            Resolution Fund (51-4065-0-3-373);
                                Federal Deposit Insurance Corporation,
                            Savings Association Insurance Fund (51-4066-0-3-
                            373);
                                Federal Housing Finance Board (95-4039-0-3-
                            371);
                                Federal payment to the railroad retirement
                            accounts (60-0113-0-1-601);
                                Foreign military sales trust fund (11-8242-
                            0-7-155);
                                Health professions graduate student loan
                            insurance fund program account (75-0340-0-1-
                            552);
                                Higher education facilities loans (91-0240-
                            01-502);
                                Internal Revenue Collections for Puerto Rico
                            (20-5737-0-2-806);
                                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, Panama Canal
                            Revolving Fund (95-4061-0-3-403);
                                Medical facilities guarantee and loan fund,
                            Federal interest subsidies for medical
                            facilities (75-9931-0-3-550);

    [[Page 507]]

                                National Credit Union Administration
                            operating fund (25-4056-0-3-373);
                                National Credit Union Administration,
                            Central liquidity facility (25-4470-0-3-373);
                                National Credit Union Administration, Credit
                            union share insurance fund (25-4468-0-3-373);
                                Office of Thrift Supervision (20-4108-0-3-
                            373);
                                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-
                            0580-1-571);
                                Payments to military retirement fund (97-
                            0040-0-1-054);
                                Payments to social security trust funds (75-
                            0404-0-1-651);
                                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 (14-0418-0-1-806);
                                Payments to widows and heirs of deceased
                            Members of Congress (00-0215-0-1-801);
                                Postal service fund (18-4020-0-3-372);
                                Resolution Trust Corporation Revolving Fund
                            (22-4055-0-3-373);
                                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);
                                Thrift Savings Fund;
                                United States Enrichment Corporation (95-
                            4054-0-3-271);
                                Vaccine Injury Compensation (75-0320-0-1-
                            551);
                                Vaccine Injury Compensation Program Trust
                            Fund (20-8175-0-7-551);
                                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 Federal retirement and disability
                accounts and activities shall be exempt from reduction under
                any order issued under this subchapter:
                                Black Lung Disability Trust Fund (20-8144-0-
                            7-601);
                                Central Intelligence Agency retirement and
                            disability system fund (56-3400-0-1-054);

    [[Page 508]]

                                Civil service retirement and disability fund
                            (24-8135-0-7-602);
                                Comptrollers general retirement system (05-
                            0107-0-1-801);
                                Foreign service retirement and disability
                            fund (19-8186-0-7-602);
                                Judicial survivors' annuities fund (10-8110-
                            0-7-602);
                                Judicial Officers' Retirement Fund (10-8122-
                            0-7-602);
                                Claims Judges' Retirement Fund (10-8124-0-7-
                            602);
                                Special workers compensation expenses,
                            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 Industry Pension Fund (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
                            (74-0379-0-1-551);
                                Special benefits, Federal Employees'
                            Compensation Act (16-1521-0-1-600);
                                Special benefits for disabled coal miners
                            (75-0409-0-1-601); and
                                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:
                                Biomass energy development (20-0114-0-1-
                            271);
                                United States Treasury check forgery
                            insurance fund (20-4109-0-3-803);
                                Credit liquidating accounts;
                                Employees life insurance fund (24-8424-0-8-
                            602);
                                Energy security reserve (Synthetic Fuels
                            Corporation) (20-0112-0-1-271);
                                Federal Aviation Administration, Aviation
                            insurance revolving fund (69-4120-0-3-402);
                                Federal Crop Insurance Corporation fund (12-
                            4085-0-3-351);
                                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);
                                Geothermal resources development fund (89-
                            0206-0-1-271);
                                Homeowners assistance fund, Defense (97-
                            4090-0-3-051);
                                International Trade Administration,
                            Operations and administration (13-1250-0-1-376);
                                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);
                                Department of Veterans Affairs, Servicemen's
                            group life insurance fund (36-4009-0-3-701).

    [[Page 509]]

                (h) Low-income programs
                    The following programs shall be exempt from reduction
                under any order issued under this subchapter:
                                Block grants to States for temporary
                            assistance for needy families;
                                Child nutrition programs (with the exception
                            of special milk programs) (12-3539-0-1-605);
                                Temporary assistance for needy families (75-
                            1552-0-1-609);
                                Contingency fund (75-1522-0-1-609);
                                Child care entitlement to States (75-1550-0-
                            1-609);
                                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
                                Special supplemental nutrition program for
                            women, infants, and children (WIC) (12-3510-0-1-
                            605);
                                Family support payments to States (75-1501-
                            0-1-609).
                (i) Identification of programs
                    For purposes of subsections (b), (g), and (h) of this
                section, each account is identified by the designated budget
                account identification code number set forth in the Budget
                of the United States Government 1998--Appendix, and an
                activity within an account is designated by the name of the
                activity and the identification code number of the account.
                (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. 99-514, Sec. 2, Oct. 22, 1986,
                100 Stat. 2095; Pub. L. 100-86, Title V, Sec. 506(a), Aug.
                10, 1987, 101 Stat. 634; Pub. L. 100-119, Title I,
                Sec. 104(a)(1), (2), (b), (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; Pub. L. 104-193, Title I, Sec. 110(r)(1),
                Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104-208, div. A,
                Title II, Sec. 2704(d)(10), Sept. 30, 1996, 110 Stat. 3009-
                489; Pub. L. 105-33, Title X, Sec. 10207, Aug. 5, 1997, 111
                Stat. 704).
        399.46
        399.46  Sec. 906. General and special sequestration rules.
                (a) Automatic spending increases
                    Automatic spending increases are increases in outlays
                due to changes in indexes in the following programs:
                                (1) Special milk program; and
                                (2) 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) Student loans
                    For all student loans under part B or D of title IV of
                the Higher Education Act of 1965 [20 U.S.C. 1071 et seq.,
                1087a et seq.] made during the period when a sequestration
                order under section 904 of this title is in effect as
                required by section 902 or 903 of this title, origination

    [[Page 510]]

                fees under sections 438(c)(2) and 455(c) of that Act [20
                U.S.C. 1087-1(c)(2) and 1087e(c)] shall each be increased by
                0.50 percentage point.
                (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. 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. 674] (for such fiscal year) for that
                portion 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
                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 and 903
                            of this title, and notwithstanding section 710
                            of the Social Security Act [42 U.S.C. 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. 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 the 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. 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)

    [[Page 511]]

                                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. 1395j et seq.] is
                            made on the basis of an assignment described in
                            section 1842(b)(3)(B)(ii) [42 U.S.C.
                            1395u(b)(3)(B)(ii)], in accordance with section
                            1842(b)(6)(B) [42 U.S.C. 1395u(b)(6)(B)], or
                            under the procedure described in section
                            1870(f)(1) [42 U.S.C. 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 AAPCC
                                In computing the adjusted average per capita
                            cost for purposes of section 1876(a)(4) of the
                            Social Security Act [42 U.S.C. 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 affected under
                            this subchapter.
                (e) Community and migrant health centers, Indian health
                    services and facilities, and veterans' 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 904
                of this title, shall be 2 percent.
                    (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) Veterans' 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. 655, 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, to the extent
                necessary to reduce such expenditures by that amount.
                (g) Federal pay
                    (1) In general

    [[Page 512]]

                                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 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 part.
                    (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.

    [[Page 513]]

                    (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.
                                (C) Office of Thrift Supervision.
                                (D) National Credit Union Administration.
                                (E) National Credit Union Administration,
                            central liquidity facility.
                                (F) Federal Retirement Thrift Investment
                            Board.
                                (G) Resolution Trust Corporation.
                                (H) Farm Credit Administration.
                (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.
                            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. 1104(g)])
                            under Title XII of such Act [42 U.S.C. 1321 et
                            seq.] and any advance appropriated to the
                            Federal unemployment account pursuant to section
                            1203 of such Act [42 U.S.C. 1323], and
                                (C) any payment made from the Federal
                            Employees Compensation Account (as established
                            under section 909 of such Act [42 U.S.C. 1109])
                            for the purpose of carrying out chapter 85 of
                            title 5 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 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 title 26.
                (j) Commodity Credit Corporation
                    (1) Powers and authorities of the 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 of which it was
                            created.
                    (2) Reduction in payments made under contracts
                                (A) 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 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

    [[Page 514]]

                            payments for loans or loan deficiencies made by
                            the Commodity Credit Corporation shall be
                            subject to reduction under the order.
                                (B) Each loan 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
                            title, 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.
                    (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 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.
                    (5) Dairy program
                                Notwithstanding any other provision of this
                            subsection, as the sole means of achieving any
                            reduction in outlays under the milk price
                            support program, the Secretary of Agriculture
                            shall provide for a reduction to be made in the
                            price received by producers for all milk
                            produced in the United States and marketed by
                            producers for commercial use. That price
                            reduction (measured in cents per hundred weight
                            of milk marketed) shall occur under section
                            201(d)(2)(A) of the Agricultural Act of 1949 (7
                            U.S.C. 1446(d)(2)(A)), shall begin on the day
                            any sequestration order is issued under section
                            904 of this title, and shall not exceed the
                            aggregate amount of the reduction in outlays
                            under the milk price support program that
                            otherwise would have been achieved by reducing
                            payments for the purchase of milk or the
                            products of milk under this subsection during
                            the applicable fiscal year.
                    (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) Effects of sequestration
                    The effects of sequestration shall be as follows:
                                (1) Budgetary resources sequestered from any
                            account shall be permanently cancelled, except
                            as provided in paragraph (5).
                                (2) Except as otherwise provided, the same
                            percentage sequestration shall apply to all
                            programs, projects, and activities within a

    [[Page 515]]

                            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) Budgetary resources sequestered in
                            revolving, trust, and special fund accounts and
                            offsetting collections sequestered in
                            appropriation accounts shall not be available
                            for obligation during the fiscal year in which
                            the sequestration occurs, but shall be available
                            in subsequent years to the extent otherwise
                            provided in law. (Pub. L. 99-177, Title II,
                            Sec. 256, Dec. 12, 1985, 99 Stat. 1086; Pub. L.
                            99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
                            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,
                            103 Stat. 437; Pub. L. 101-508, Title XIII,
                            Sec. 13101(d), Nov. 5, 1990, 104 Stat. 1388-589;
                            Pub. L. 101-509, Title V, Sec. 529 [Title I,
                            Sec. 101(b)(2)(A), (4)(H)], Nov. 5, 1990, 104
                            Stat. 1427, 1439, 1440; Pub. L. 104-193, Title
                            I, Sec. 110(r)(2), Aug. 22, 1996, 110 Stat.
                            2175; Pub. L. 105-33, Title X, Sec. 10208(a)(1),
                            (b)-(g), Aug. 5, 1997, 111 Stat. 708-710.)
        399.47
        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.
                (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

    [[Page 516]]

                                    (A)(i) No program established by a law
                                enacted on or before August 5, 1997 with
                                estimated current year outlays greater than
                                $50,000,000 shall be assumed to expire in
                                the budget year or the outyears. The scoring
                                of new programs with estimated outlays
                                greater than $50,000,000 a year shall be
                                based on scoring by the Committees on Budget
                                or OMB, as applicable. OMB, CBO, and the
                                Budget Committees shall consult on the
                                scoring of such programs where there are
                                differences between CBO and OMB.

                                    (ii) On the expiration of the suspension
                                of a provision of law that is suspended
                                under section 171 of Public Law 104-127 and
                                that authorizes a program with estimated
                                fiscal year outlays that are greater than
                                $50,000,000, for purposes of clause (i), the
                                program shall be assumed to continue to
                                operate in the same manner as the program
                                operated immediately before the expiration
                                of the suspension.

                                    (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.

                                    (D) If any law expires before the budget
                                year or any outyear, then any program with
                                estimated current year outlays greater than
                                $50,000,000 that operates under the law
                                shall be assumed to continue to operate
                                under that law as in effect immediately
                                before its expiration.

                                (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
                                obligated 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,

    [[Page 517]]

                                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: 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 domestic product chain-type
                                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 balance for any budget year or outyear,
                current-year amount shall be calculated using the concepts
                and definitions that are required for the budget year.
                (e) Asset sales
                    Amounts realized from the sale of an asset shall not be
                included in estimates under section 901, 902, or 903 of this
                title if that sale would result in a financial cost to the
                Federal Government as determined pursuant to scorekeeping
                guidelines.
                    (Pub. L. 99-177, Title II, Sec. 257, Dec. 12, 1985, 99
                Stat. 1092; Pub. L. 100-119, Title I, Sec. 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, 1388-591, 1388-593; Pub. L. 105-
                33, Title X, Sec. 10209(a), Aug. 5, 1997, 111 Stat. 710.)

    [[Page 518]]

       399.47a
       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 904(j), of this title, 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 section 904(j) of this
                            title 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.
                    (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.

    [[Page 519]]

                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 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 subsection (a) of this section--
                                (1) the subsequent issuance of any
                            sequestration report or any sequestration order
                            is precluded;
                                (2) sections 633(f), 641(d), 642(a) of this
                            title, and title VI of the Congressional Budget
                            Act of 1974 are suspended; and
                                (3) section 1103 of title 31 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) of this
                section 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) of this section, 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) of this section 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. 1388-593.)

    [[Page 520]]

       399.47b
       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 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

    [[Page 521]]

                            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 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) Appeals
                                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 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.

    [[Page 522]]

                                    (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. 258A, as added Pub. L. 101-508, Title XIII,
                            Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-
                            595.)
       399.47c
       399.47c  Sec. 907c. Flexibility among defense programs, projects, and
                    activities.
                    (a) 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) 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) The President may not exercise the authority
                provided by this paragraph 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 becomes law.
                    (d) 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.

    [[Page 523]]

                    (e)(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)(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)(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.
                    (h)(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

    [[Page 524]]

                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) 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) 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) In the Senate, points of order under titles III and
                IV of the Congressional Budget Act of 1974 (including points
                of order under sections 633(c), 634(a), 637, and 651(b)(1)
                of this title) are applicable to a conference report on the
                joint resolution or any amendments in disagreement thereto.
                    (l) 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

    [[Page 525]]

                                    (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) 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
       399.47d  Sec. 907d. Special reconciliation process.
                (a) Reporting of a 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
                            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 envisioned by such report, in whole
                            or in part. The 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 a 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

    [[Page 526]]

                            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 its 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 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.

    [[Page 527]]

                    (3) Limitation on amendments
                                Section 641(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.
                            1388-600.)
        399.48
        399.48  Sec. 908. Repealed. Pub. L. 105-33, Title X, Sec. 10210,
                    Aug. 5, 1997, 111 Stat. 711.

       399.48a
       399.48a  Sec. 909. Repealed. Pub. L. 101-508, Title XIII, Sec. 13212,
                    Nov. 5, 1990, 104 Stat. 1388-621.

                            Subchapter II.--Operation and Review

        399.49
        399.49  Sec. 921. Transferred.
       399.49a
       399.49a  Sec. 922. Judicial review.
                (a) Expedited review
                    (1) Any Member of Congress may bring an action, in the
                United States District Court for the District of Columbia,
                for declaratory judgment and injunctive relief on the ground
                that any order that might be issued pursuant to section 904
                of this title violates the Constitution.
                    (2) Any Member of Congress, or any other person
                adversely affected by any action taken under this title, may
                bring an action, in the United States District Court for the
                District of Columbia, for declaratory judgment and
                injunctive relief concerning the constitutionality of this
                title.
                    (3) Any Member of Congress may bring an action, in the
                United States District Court for the District of Columbia,
                for declaratory and injunctive relief on the ground that the
                terms of an order issued under section 904 of this title do
                not comply with the requirements of this title.
                    (4) A copy of any complaint in an action brought under
                paragraph (1), (2), or (3) shall be promptly delivered to
                the Secretary of the Senate and the Clerk of the House of
                Representatives, and each House of Congress shall have the
                right to intervene in such action.
                    (5) Any action brought under paragraph (1), (2), or (3)
                shall be heard and determined by a three-judge court in
                accordance with section 2284 of title 28.

                Nothing in this section or in any other law shall infringe
                upon the right of the House of Representatives to intervene
                in an action brought under paragraph (1), (2), or (3)
                without the necessity of adopting a resolution to authorize
                such intervention.

                (b) Appeal to Supreme Court
                    Notwithstanding any other provision of law, any order of
                the United States District Court for the District of
                Columbia which is issued pursuant to an action brought under
                paragraph (1), (2), or (3) of subsection

    [[Page 528]]

                (a) of this section shall be reviewable by appeal directly
                to the Supreme Court of the United States. Any such appeal
                shall be taken by a notice of appeal filed within 10 days
                after such order is entered; and the jurisdictional
                statement shall be filed within 30 days after such order is
                entered. No stay of an order issued pursuant to an action
                brought under paragraph (1), (2), or (3) of subsection (a)
                of this section shall be issued by a single Justice of the
                Supreme Court.
                (c) Expedited consideration
                    It shall be the duty of the District Court for the
                District of Columbia and the Supreme Court of the United
                States to advance on the docket and to expedite to the
                greatest possible extent the disposition of any matter
                brought under subsection (a) of this section.
                (d) Noncompliance with sequestration procedures
                    (1) If it is finally determined by a court of competent
                jurisdiction that an order issued by the President under
                section 904 of this title for any fiscal year--
                                (A) does not reduce automatic spending
                            increases under any program specified in section
                            906(a) of this title if such increases are
                            required to be reduced by subchapter I of this
                            chapter (or reduces such increases by a greater
                            extent than is so required), or
                                (B) does not sequester the amount of
                            budgetary resources which is required to be
                            sequestered by subchapter I of this chapter (or
                            sequesters more than that amount) with respect
                            to any program, project, activity, or amount,

                the President shall, within 20 days after such determination
                is made, revise the order in accordance with such
                determination.

                    (2) If the order issued by the President under section
                904 of this title for any fiscal year--
                                (A) does not reduce any automatic spending
                            increase to the extent that such increase is
                            required to be reduced by subchapter I of this
                            chapter,
                                (B) does not sequester any amount of new
                            budget authority, new loan guarantee
                            commitments, new direct loan obligations, or
                            spending authority which is required to be
                            sequestered by subchapter I of this chapter, or
                                (C) does not reduce any obligation
                            limitation by the amount by which such
                            limitation is required to be reduced under
                            subchapter I of this chapter,

                on the claim or defense that the constitutional powers of
                the President prevent such sequestration or reduction or
                permit the avoidance of such sequestration or reduction, and
                such claim or defense is finally determined by the Supreme
                Court of the United States to be valid, then the entire
                order issued pursuant to section 904 of this title for such
                fiscal year shall be null and void.

                (e) Timing of relief
                    No order of any court granting declaratory or injunctive
                relief from the order of the President issued under section
                904 of this title, including but not limited to relief
                permitting or requiring the expenditure of funds sequestered
                by such order, shall take effect during the pendency of the
                action before such court, during the time appeal may be
                taken,

    [[Page 529]]

                or, if appeal is taken, during the period before the court
                to which such appeal is taken has entered its final order
                disposing of such action.
                (f) Preservation of other rights
                    The rights created by this section are in addition to
                the rights of any person under law, subject to subsection
                (e) of this section.
                (g) Economic data and assumptions
                    The economic data and economic assumptions used by the
                Director of OMB in computing the figures specified in any
                report issued by the Director of OMB under section 904 of
                this title shall not be subject to review in any judicial or
                administrative proceeding. (Pub. L. 99-177, Title II,
                Sec. 274, Dec. 12, 1985, 99 Stat. 1098; Pub. L. 100-119,
                Title I, Sec. 102(b)(9), (10), Sept. 29, 1987, 101 Stat.
                774, 775; Pub. L. 105-33, Title X, Sec. 10211, Aug. 5, 1997,
                111 Stat. 711.)

                   Chapter 22.--JOHN C. STENNIS CENTER FOR PUBLIC SERVICE
                                  TRAINING AND DEVELOPMENT

        399.50
        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 excellence in public
                            service. (Pub. L. 100-458, Title I, Sec. 112,
                            Oct. 1, 1988, 102 Stat. 2172.)
        399.51
        399.51  Sec. 1102. Definitions.
                    In this subtitle:
                                (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

    [[Page 530]]

                            section 1105. (Pub. L. 100-458, Title I,
                            Sec. 113, Oct. 1, 1988, 102 Stat. 2172.)
        399.52
        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
        399.53  Sec. 1104. Purposes and authority of the Center.
                    (a) Purposes of Center.--The purposes of the Center
                shall be--
                                (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

    [[Page 531]]

                            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
        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 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

    [[Page 532]]

                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
        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.)
        399.56
        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 an 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.

    [[Page 533]]

                    (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
        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;
                                (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,

    [[Page 534]]

                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
        399.58  Sec. 1109. Authorization for appropriations.
                    There are authorized to be appropriated such sums as may
                be necessary to carry out this chapter. (Pub. L. 100-458,
                Title I, Sec. 120, Oct. 1, 1988, 102 Stat. 2176.)
        399.59
        399.59  Sec. 1110. Appropriations.
                    There is appropriated to the fund the sum of $7,500,000
                to carry out this chapter. (Oct. 1, 1988, Pub. L. 100-458,
                Sec. 121, 102 Stat. 2176.)

                           Chapter 23.--GOVERNMENT EMPLOYEE RIGHTS

        399.60
        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 chapter, 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
        399.61  Sec. 1202. Discriminatory practices prohibited
                (a) Practices
                    All personnel actions affecting the Presidential
                appointees described in section 1219 of this title or the
                State employees described in section 1220 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. 2000e16);
                                (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 1219(a)(1) and
                1220(a) of this title--

    [[Page 535]]

                                (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 2000e-5(g), 2000e-5(k), and
                            2000e-16(d) of title 42, and such compensatory
                            damages as would be appropriate if awarded under
                            section 1981 or sections 1981a(a) and
                            1981a(b)(2) of title 42;
                                (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 633a(c) of title 29; 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
        399.62  Sec. 1219. Repealed. Pub. L. 104-331, Sec. 5(a), (b), Oct
                    26, 1996, 110 Stat. 4072.

        399.63
        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 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.

    [[Page 536]]

                (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
        399.70
                          Chapter 24.--CONGRESSIONAL ACCOUNTABILITY

                                   Subchapter I.--General

      399.70-1
      399.70-1  Sec. 1301.1 Definitions.
                    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.

                                (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;

    [[Page 537]]

                                            (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 (1) 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

                                    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. 4.)

    [[Page 538]]

      399.70-2
      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 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

    [[Page 539]]

                                    (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
        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
      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. 2000e5(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 employing
                                office, 1977A(b)(3)(D) of the Revised
                                Statutes (42 U.S.C. 198la(a)(1),
                                198la(b)(2), and 198la(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

    [[Page 540]]

                                    (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
      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
                    (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

    [[Page 541]]

                            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
      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 and subsection
                            (c)(4) 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.
                    (3) Irregular work schedules
                                The Board shall issue regulations for
                            covered employees whose work schedules directly
                            depend on the schedule of the House of

    [[Page 542]]

                            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.
                    (4) Law enforcement
                                Law enforcement personnel of the Capitol
                            Police who are subject to the exemption under
                            section 7(k) of the Fair Labor Standards Act of
                            1938 (29 U.S.C. 207(k)) may elect to receive
                            compensatory time off in lieu of overtime
                            compensation for hours worked in excess of the
                            maximum for their work period.
                (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; Pub. L.
                104-197, Title III, Sec. 312, Sept. 16, 1996, 110 Stat.
                2415.)
      399.71-4
      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)(l) 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

    [[Page 543]]

                            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. 204, Jan.
                            23, 1995, 109 Stat. 10.)
      399.71-5
      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

    [[Page 544]]

                                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
      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--

                                    (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, 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

    [[Page 545]]

                            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.)
     399.71-6a
     399.71-6a  1316a. Legislative branch appointments.
                    (1) Definitions
                                For the purpose of this section, the terms
                            ``covered employee'' and ``Board'' shall each
                            have the meaning given such term by section 101
                            of the Congressional Accountability Act of 1995
                            (2 U.S.C. 1301).
                    (2) Rights and protections
                                The rights and protections established under
                            section 2108, sections 3309 through 3312, and
                            subchapter I of chapter 35 [5 U.S.C.A. Sec. 3501
                            et seq.], of title 5 shall apply to covered
                            employees.
                    (3) Remedies
                                (A) In general

                                    The remedy for a violation of paragraph
                                (2) shall be such remedy as would be
                                appropriate if awarded under applicable
                                provisions of title 5, in the case of a
                                violation of the relevant corresponding
                                provision (referred to in paragraph (2)) of
                                such title.

                                (B) Procedure

                                    The procedure for consideration of
                                alleged violations of paragraph (2) shall be
                                the same as apply under section 1401 of this
                                title (and the provisions of law referred to
                                therein) in the case of an alleged violation
                                of part A of subchapter II of this chapter.

                    (4) Regulation of implement subsection
                                (A) In general

                                    The Board shall, pursuant to section 304
                                of the Congressional Accountability Act of
                                1995 (2 U.S.C. 1384), issue regulations to
                                implement this section.

                                (B) Agency regulations

                                    The regulations issued under
                                subparagraph (A) shall be the same as the
                                most relevant substantive regulations
                                (applicable with respect to the executive
                                branch) promulgated to implement the
                                statutory provisions referred to in
                                paragraph (2) 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
                                rights and protection under this section.

                                (C) Coordination

                                    The regulations issued under
                                subparagraph (A) shall be consistent with
                                section 225 of the Congressional
                                Accountability Act of 1995 (2 U.S.C. 1361).

                    (5) Applicability
                                Notwithstanding any other provision of this
                            section, the term ``covered employee'' shall
                            not, for purposes of this section, include an
                            employee--

                                    (A) whose appointment is made by the
                                President with the advice and consent of the
                                Senate;

                                    (B) whose appointments is made by a
                                Member of Congress or by a committee or
                                subcommittee of either House of Congress; or

    [[Page 546]]

                                    (C) who is appointed to a position, the
                                duties of which are equivalent to those of a
                                Senator Executive Service position (within
                                the meaning of section 3132(a)(2) of title
                                5).

                    (6) Effective date
                                Paragraphs (2) and (3) shall be effective as
                            of the effective date of regulations under
                            paragraph (4). (Pub. L. 105-339, Sec. 4(c), Oct.
                            31, 1998, 112 Stat. 3185.)
      399.71-7
      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.
                (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
        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

    [[Page 547]]

                                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 1311
                            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 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

    [[Page 548]]

                            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
                            violations 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

    [[Page 549]]

                                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
        399.73
                     Part C.--Occupational Safety and Health Act of 1970

      399.73-1
      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
                    (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

    [[Page 550]]

                            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
                            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)

    [[Page 551]]

                            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--

                                    (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

    [[Page 552]]

                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
        399.74
                             Part D.--Labor-Management Relations

      399.74-1
      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.
                (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

    [[Page 553]]

                                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, 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.

    [[Page 554]]

                (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 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,

    [[Page 555]]

                                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
        399.75
                                      Part E.--General

      399.75-1
      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, 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 sections 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

    [[Page 556]]

                            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) deter mining
                            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
        399.76
                                       Part F.--Study

      399.76-1
      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

                                (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.

    [[Page 557]]

                                (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
        399.77
                            Subchapter III.--Office of Compliance

      399.77-1
      399.77-1  Sec. 1381. Establishment of Office of Compliance.
                (a) Establishment
                    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.

    [[Page 558]]

                (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,

                                    (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

    [[Page 559]]

                                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 employees, 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

    [[Page 560]]

                            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
      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.
                    (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.

    [[Page 561]]

                (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)(B)(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

                                    (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

    [[Page 562]]

                                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
      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 563]]

                (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
      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

    [[Page 564]]

                                the first day on which both Houses 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 565]]

                    (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

    [[Page 566]]

                                (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.)
      399.77-5
      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
                Stat. 31.)
        399.78
        399.78
                    Subchapter IV.--Administrative and Judicial Dispute-
                                   Resolution Procedures

      399.78-1
      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--

    [[Page 567]]

                                    (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.

                                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
      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
      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.

    [[Page 568]]

                (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 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
      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
      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 complaint 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--

    [[Page 569]]

                                    (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--
                                (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

    [[Page 570]]

                                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 conclusions 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
      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.

    [[Page 571]]

                (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. 406, Jan. 23, 1995, 109 Stat. 35.)
      399.78-7
      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

                                    (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

    [[Page 572]]

                                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 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
      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

    [[Page 573]]

                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
      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
     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 subject to judicial review.
                (Pub. L. 104-1, Title IV, Sec. 410, Jan. 23, 1995, 109 Stat.
                37.)
     399.78-11
     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
     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
     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

    [[Page 574]]

                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
     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
     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 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
                chapter.
                (c) OSHA, accommodation, and access requirements
                    Funds to correct violations of section 1311(a)(3), 1331,
                or 1341 of this title 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
     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

    [[Page 575]]

                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.)
        399.79
        399.79
                           Subchapter V.--Miscellaneous Provisions

      399.79-1
      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
      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.

    [[Page 576]]

                (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
      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.)
      399.79-4
      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

    [[Page 577]]

                                (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
      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 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 Act 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.

    [[Page 578]]

                (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 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
      399.79-6  Sec. 1436. Repealed. Pub.L. 106-57, title III, Sec. 313,
                    Sept. 29, 1999, 113 Stat. 428.

      399.79-7
      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
      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

    [[Page 579]]

                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
        399.80
                            Chapter 25.--UNFUNDED MANDATES REFORM

      399.80-1
      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

                                    (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.)

    [[Page 580]]

      399.80-2
      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
      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;
                                (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
      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
        399.81
                    Subchapter I.--Legislative Accountability and Reform

      399.81-1
      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

    [[Page 581]]

                                (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 title IV of the Congressional Budget and
                Impoundment Control Act of 1974 (2 U.S.C. 658 et seq.).
                (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
      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 intergovernmental mandates included in the
                bill, joint resolution, amendment, motion, or conference
                report from consideration for Federal funding under section
                658d(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
      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 govern

    [[Page 582]]

                            ments 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
      399.81-4  Sec. 1514. Enforcement in the House of Representatives.
                (a) Omitted.
                (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 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
      399.81-5  Sec. 1515. Exercise of rulemaking powers.
                    The provisions of sections 658 to 658g 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
      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
        399.83
                    Subchapter II.--Regulatory Accountability and Reform

      399.83-1
      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
      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--

    [[Page 583]]

                                (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;

                                (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
      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--

    [[Page 584]]

                                (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
      399.83-4  Sec. 1534. State, local, and tribal government input.
                (a) In general
                    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
      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.

    [[Page 585]]

                (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
      399.83-6  Sec. 1536. Assistance to the Congressional Budget Office.
                    The Director of the Office of Management and Budget
                shall--
                                (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
      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
      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.)

    [[Page 586]]

        399.85
        399.85
                         Subchapter III.--Review of Federal Mandates

      399.85-1
      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.)
      399.85-2
      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;

    [[Page 587]]

                                    (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.

                (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

    [[Page 588]]

                                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 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
      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.)

    [[Page 589]]

      399.85-4
      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
      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, Stat. 70.)
      399.85-6
      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.)
        399.87
        399.87
                               Subchapter IV.--Judicial Review

      399.87-1
      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.

    [[Page 590]]

                    (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 in any administrative or judicial action.
                            (Pub. L. 104-4, Title IV, Sec. 401, Mar. 22,
                            1995, 109 Stat. 70.)
        399.90
        399.90
                       Chapter 26.--DISCLOSURE OF LOBBYING ACTIVITIES

      399.90-1
      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 decision-
                            making 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
      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.

    [[Page 591]]

                                (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)(B) 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;

                                            (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

    [[Page 592]]

                                    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;
                                                    (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

    [[Page 593]]

                                                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, including any
                                                communication compelled by a
                                                Federal contract, grant,
                                                loan, permit, or license;
                                                    (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
                                                      (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;

    [[Page 594]]

                                                    (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 Futures
                                                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 1 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 six 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

                                    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

    [[Page 595]]

                                    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, or a group of
                                        governments acting together as an
                                        international organization.

                                (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; Pub. L. 105-166, Secs. 2, 3, Apr. 6,
                                1998, 112 Stat. 38.)

      399.90-3
      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 1 or more
                            employees who are lobbyists shall file a single
                            registration under this section on behalf of
                            such employees for each client on whose behalf
                            the employees act as lobbyists.
                    (3) Exemption
                                (A) General rule

    [[Page 596]]

                                    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 1604 of this title) 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 registrant's client, and a
                            general description of its business or
                            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

                                    (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--

    [[Page 597]]

                                    (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 of more than 1 client, a
                            separate registration under this section shall
                            be filed for each such client.
                    (2) Multiple contacts
                                A registrant who makes more than 1 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
      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 area in which the
                            registrant engaged in lobbying activities on
                            behalf of the client during the semiannual
                            filing period--

                                    (A) a list of the specific issues upon
                                which a lobbyist employed by the registrant
                                engaged in lobbying activities, including,
                                to

    [[Page 598]]

                                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 a 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. (Pub. L.
                            104-65, Sec. 5, Dec. 19, 1995, 109 Stat. 697;
                            Pub. L. 105-166, Sec. 4(c), Apr. 6, 1998, 112
                            Stat. 39.)
      399.90-5
      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;
                                (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;

    [[Page 599]]

                                (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
      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
      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
      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.)

    [[Page 600]]

      399.90-9
      399.90-9  Sec. 1609. Identification of clients and covered officials.
                (a) Oral lobbying contacts
                    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 the 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) of
                            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
     399.90-10  Sec. 1610. Estimates based on tax reporting system.
                (a) Entities covered by section 6033(b) of title 26
                    A person, other than a lobbying firm, 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) for all other purposes consider as
                            lobbying contacts and lobbying activities only--

                                    (A) lobbying contacts with covered
                                legislative branch officials (as defined in
                                section 1602(4) of this title) and lobbying
                                activities in support of such contacts; and

                                    (B) lobbying of Federal executive branch
                                officials to the extent that such activities
                                are influencing legislation as defined in
                                section 4911(d) of title 26.

    [[Page 601]]

                (b) Entities covered by section 162(e) of title 26
                    A person, other than a lobbying firm, who is required to
                account and does account for lobbying expenditures pursuant
                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) for all other purposes consider as
                            lobbying contacts and lobbying activities only--

                                    (A) lobbying contacts with covered
                                legislative branch officials (as defined in
                                section 1602(4) of this title) and lobbying
                                activities in support of such contacts; and

                                    (B) lobbying of Federal executive branch
                                officials to the extent that amounts paid or
                                costs incurred in connection with such
                                activities are not deductible pursuant to
                                section 162(e) of title 26.

                (c) Disclosure of estimate
                    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 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. 702; Pub.
                L. 105-166, Sec. 4(a), (b), Apr. 6, 1998, 112 Stat. 38.)

     399.90-11
     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, Title I, Sec. 129(a), Jan. 26, 1996, 110 Stat.
                34.)

    [[Page 602]]

     399.90-12
     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.)