[United States Senate Manual, 106th Congress]
[S. Doc. 106-1]
[USCODETITLE]
[Pages 207-893]
[From the U.S. Government Publishing Office, www.gpo.gov]
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[200]
____________________________________________________________
GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
SENATE
[Data collected through 106th Congress, 1st Session]
Extracts from the United States Code
____________________________________________________________
SECTIONS INCLUDED
TITLE 1.--GENERAL PROVISIONS
Chapter 2.--Acts and Resolutions; Formalities of Enactment;
Repeals; Sealing of Instruments
Senate
U.S. Code Manual
Section Section
112. Statutes at large; contents;
admissibility in evidence......... 201
112b. United States International
agreements, transmission to
Congress.......................... 201.5
Chapter 3.--Code of Laws of United States and Supplements;
District of Columbia Code and Supplements
211. Copies [of Code of Laws] to Members of
Congress.......................... 202
212. Additional distribution at each new
Congress.......................... 203
TITLE 2.--THE CONGRESS
Chapter 1.--Election of Senators and Representatives
1. Time for election of Senators......... 205
1a. Election to be certified by governor.. 206
1b. Same; countersignature by secretary of
state............................. 207
Chapter 2.--Organization of Congress
21. Oath of Senators...................... 210
22. Oath of President of Senate........... 211
23. Presiding officer of Senate may
administer oaths.................. 212
24. Secretary of Senate or Assistant
Secretary of Senate may administer
oaths............................. 213
27. Change of place of meeting............ 214
30. Term of service of Members of Congress
as trustees or directors of
corporations or institutions
appropriated for.................. 215
30a. Jury duty exemption of elected
officials of the legislative
branch............................ 215a
Chapter 3.--Compensation and Allowances of Members
31. Compensation of Members of Congress... 220
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31-1. [Repealed.]
31-2. Gifts and travel...................... 220.1
31a-1. Expense allowance of Majority and
Minority Leaders of the Senate;
expense allowance of Majority and
Minority Whips; methods of
payment; taxability............... 220.5
31a-2. Representation Allowance Account for
the Majority and Minority Leaders. 220.6
31a-2a. Transfer of funds from representation
allowance of Majority and Minority
Leaders of the Senate to expense
allowance; availability;
definitions....................... 220.7
31a-2b. Transfer of funds from appropriations
account of Majority and Minority
Leaders of the Senate to
appropriations account for
``Miscellaneous Items'' within
Senate contingent fund............ 220.7a
31a-3. Expense allowance for Chairmen of
Majority and Minority Conference
Committees; method of payment;
taxability........................ 220.8
32. Compensation of President pro tempore
of Senate......................... 222
32a. Compensation of Deputy President pro
tempore of Senate................. 222.5
32b. Expense allowance of President pro
tempore of Senate; methods of
payment; taxability............... 222.6
33. Senators' salaries.................... 223
36. Salaries of appointed Senators........ 224
36a. Payment of sums due deceased Senators
and Senate personnel.............. 226
39. Deductions for absence................ 227
40. Deductions for withdrawal............. 228
40a. Deductions for delinquent indebtedness 229
42a. Special delivery postage allowance for
President of the Senate........... 231
43d. Organizational expenses of Senator-
elect............................. 234
46a. Stationery allowance for President of
the Senate........................ 236
46a-1. Revolving fund for stationery
allowances; availability of
unexpended balances; withdrawals.. 237
46d-1. Long-distance telephone calls for Vice
President......................... 240
47. Mode of payment....................... 243
48. Certification of salary and mileage
accounts.......................... 244
55. United States Code Annotated and
United States Code Service;
procurement for Senators.......... 245
58. Mail, telegraph, telephone,
stationery, office supplies, and
home State office and travel
expenses for Senators............. 246
(a) Authorization for payment from Senate
contingent fund......................246.1
(b) Limits for authorized expenses; recalculation
formula..............................246.2
(e) Transportation, essential travel-related
expenses, and per diem expenses;
coverage; limitations; amounts.......246.3
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(g) Closing of deceased Senator's State offic246.4
(h) Individuals serving on panels or other bodies
recommending nominees for Federal
judgeships or service academies, United
States Attorneys or United States
Marshalls............................246.5
(i) Authorization of Secretary of Senate to pay
reimbursable expenses................246.6
(j) Advances from contingent fund of the Senate
for travel expenses for official business
trips; vouchers; settlement..........246.7
58a. Telecommunications services for
Senators; payment of costs out of
contingent fund................... 246.8
58a-1. Payment for telecommunications
equipment and services;
definitions....................... 246.8
58a-2. Certification of telecommunications
equipment and services as official 246.8
58a-3. Report on telecommunications to
Committee on Rules and
Administration.................... 246.8
58a-4. Metered charges on copiers;
certification of services as
official; deposit of payments..... 246.9
58c. Senators' Official Personnel and
Office Expense Account............ 246.10
59. Home State office space for Senators.. 247
(a) Procurement by Sergeant at Arms of Senate in
places designated by Senator; places
subject to use, lease of office space247.1
(b) Maximum amount of aggregate square feet for
each Senator.........................247.2
(c) Maximum annual rental rate...............247.3
(d) Senators subject to maximum amount of
aggregate square feet and maximum annual
rental rate..........................247.4
(e) Omitted.................................247.5
(f) Mobile office...........................247.6
(g) Effective date..........................247.7
59.1 Additional home State office space for
Senators; declaration of disaster
or emergency...................... 247.8
59b. Purchase of office equipment or
furnishings by Senators........... 248
(a) Authorization; conditions................248.1
(b) Request by Senator and arrangement for
purchase by Sergeant at Arms of Senate;
regulations governing purchase; price248.2
(c) Remittance of amounts received to General
Services Administration; disposition.248.3
59e. Official mail of persons entitled to
use the congressional frank....... 248.6
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59f. Mass mailings by Senate offices;
quarterly statements; publication
of summary tabulations............ 248.7
59g. Mass mailing of information under
frank; quarterly registration of
Senators with Secretary of Senate. 248.8
Chapter 4.--Officers and Employees of Senate and House of
Representatives
60-1. Authority of officers of the Congress
over Congressional employees...... 249
60-2. Amendment to Senate conflict of
interest rule..................... 249.1
60a-1. Senate pay adjustments; action by
President pro tempore of Senate... 249.5
60a-1a. Rates of compensation disbursed by
Secretary of Senate; applicability
of Senate pay adjustments by
President pro tempore of Senate... 249.6
60a-1b. Senate pay adjustments; action by
President pro tempore of Senate... 249.7
60c-1. Vice President, Senators, officers and
employees paid by Secretary of the
Senate; payment of salary; advance
payment........................... 250
60c-2. [Repealed.]
60c-2a. Banking and financial transactions of
Secretary of Senate............... 250.7
60c-3. Withholding and remittance of State
income tax by Secretary of Senate. 251
60c-4. Withholding of charitable
contributions from salaries
disbursed by the Secretary of the
Senate and from employees of the
Architect of the Capitol.......... 251.1
60j. Longevity compensation................ 251.1-1
60j-1. Capitol Police longevity compensation. 251.2
60j-2. Longevity compensation for telephone
operators on United States
telephone exchange and members of
Capitol Police paid by Chief
Administrative Officer of House... 251.3
60j-4. Longevity compensation not applicable
to individuals paid by Secretary
of Senate; savings provisions..... 251.5
61. Limit on rate of compensation of
officers and employees of Senate.. 252
61-1. Gross rate of compensation of
employees paid by Secretary of
Senate............................ 252.1
61-1a. Availability of appropriated funds for
payment to an individual of pay
from more than one position;
conditions........................ 252.9
61-1b. 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''....................... 252.10
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61-1c. Aggregate gross compensation of
employee of Senator of State with
population under 5,000,000........ 252.11
61a. Compensation of Secretary of the
Senate............................ 253
61a-9. Advancement by Secretary of the Senate
of travel funds to employees under
his jurisdiction for Federal
Election Campaign Act travel
expenses.......................... 254.8
61a-9a. Travel expenses of Secretary of
Senate; advancement of travel
funds to designated employees..... 254.9
61a-11. Abolition of statutory positions in
the Office of the Secretary of the
Senate; authority to establish and
fix compensation.................. 255
61b. Compensation of Parliamentarian of
Senate............................ 255.1
61c-1. Adjustment of rate of compensation by
Secretary of the Senate........... 255.3
61d. Compensation of the Chaplain of the
Senate............................ 256
61d-1. Compensation of employees of the
Chaplain of the Senate............ 256.1
61d-2. Postage allowance for Chaplain of the
Senate............................ 256.5
61d-3. Office of the Chaplain Expense
Revolving Fund.................... 256.5
61e. Compensation of Sergeant at Arms and
Doorkeeper of the Senate.......... 257
61e-3. Death, resignation, disability, or
absence of Sergeant at Arms and
Doorkeeper of the Senate.......... 257.5
61e-4. Designation by Sergeant at Arms and
Door-keeper of Senate of persons
to approve vouchers for payment of
moneys............................ 257.6
61f-1a. Travel expenses of Sergeant at Arms
and Doorkeeper of the Senate...... 258
61f-7. Abolition of statutory positions in
the Office of the Sergeant at Arms
and Doorkeeper of the Senate...... 258.5
61f-8. Use by Sergeant at Arms and Doorkeeper
of the Senate of individual
consultants or organizations and
department and agency personnel... 259
61g-6. Payment of expenses of Conferences of
the Majority and Minority from
contingent fund of Senate......... 260
61g-6a. Salaries and expenses for the Majority
and Minority Policy Committees and
Conference Committees............. 260a
61g-7. Services of consultants to Majority or
Minority Conference Committee of
the Senate........................ 260.1
61g-8. Utilization of funds for specialized
training of professional staff for
Majority and Minority Conference
Committee of the Senate........... 260.1a
61h-4. Appointment of employees by Majority
and Minority Leaders of Senate.... 260.2
61h-5. Assistants to Majority and Minority
Leaders for Floor Operations...... 260.3
61h-6. Appointment of consultants by Majority
Leader, Minority Leader, Secretary
of the Senate, and Legislative
Counsel of the Senate............. 260.4
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61h-7. Chief of Staff of the Majority and
Minority Leaders.................. 260.4a
61j-2. Compensation and appointment of
employees by Majority and Minority
Whips of Senate................... 260.5
61k. Compensation and appointment of
employees by President pro tempore
of Senate......................... 260.6
61l. Administrative Assistant, Legislative
Assistant, and Executive Secretary
for Deputy President pro tempore
of Senate......................... 260.7
62. Limitation on compensation of Sergeant
at Arms and Doorkeeper of Senate.. 261
63. [Repealed.]........................... 262
64. Omitted............................... 263
64-1. Employees of Senate Disbursing Office,
designation by Secretary of Senate
to administer oaths and
affirmations...................... 263.1
64-2. Transfer of funds by Secretary of
Senate; approval of Committee on
Appropriations.................... 263.2
64-3. Reimbursement for United States
Capitol Police salaries paid by
Senate for service at Federal Law
Enforcement Training Center....... 263.3
64a. Death, resignation, or disability of
Secretary and Assistant Secretary
of Senate; Financial Clerk deemed
successor as disbursing officer... 264
64b. Same; Assistant Secretary of Senate to
act as Secretary.................. 265
65a. Insurance of office funds of Secretary
of the Senate and Sergeant at
Arms; payment of premiums......... 266
65b. Advances to Sergeant at Arms of the
Senate for extraordinary expenses. 267
65c. Expense allowance for the Secretary of
the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and
Secretaries for the Majority and
the Minority of the Senate........ 267.1
65d. Office Expenses of the Sergeant at
Arms and Doorkeeper of the Senate:
advancement of funds.............. 267.2
65f. Funds for Secretary of the Senate to
assist in proper discharge within
United States of responsibilities
to foreign parlimentary groups or
other foreign officials........... 267.3
66a. Restriction on payment of dual
compensation by Secretary of the
Senate............................ 268
67. Clerks to Senators-elect.............. 269
68. Payments from contingent fund of
Senate............................ 270
68-1. Designation of Rules Committee
employees to approve vouchers on
behalf of Committee............... 270.1
68-2. Appropriations for contingent expenses
of Senate, restrictions........... 270.2
68-3. Establishment of separate accounts for
the Secretary of the Senate and
the Sergeant at Arms and
Doorkeeper of the Senate.......... 270.3
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68-5. Purchase, lease, exchange,
maintenance, and operation of
vehicles out of account for
Sergeant at Arms and Doorkeeper of
the Senate within the contingent
fund of the Senate; authorization
of appropriations................. 270.4
68-6. Transfers from appropriations accounts
for expenses of the Secretary of
the Senate and Office of the
Sergeant at Arms and Doorkeeper of
the Senate........................ 270.5
68-6a. Transfer of funds by Sergeant at Arms
and Doorkeeper of Senate
appropriations account within
contingent fund of Senate for
official expenses and other
purposes available under
appropriations account............ 270.6
68-7. Senate Office of Public Records
Revolving Fund.................... 270.7
68a. Materials, supplies, and fuel payments
from Senate contingent fund....... 271
68b. Per diem and subsistence expenses..... 272
68c. Computation of compensation for
stenographic assistance of
committees........................ 273
68e. Advance payments by Secretary of
Senate............................ 273.2
69. Expenses of committees................ 274
69-1. Availability of funds for franked mail
expenses.......................... 274.4
69a. Orientation seminars.................. 274.5
69b. Senate Leader's Lecture Series........ 274.6
72a. Committee staffs...................... 275
(i) Consultants for Senate and House standing
committees...........................275.9
(j) Specialized training for professional staffs
of Senate and House standing committees,
Majority and Minority Policy Committees,
and joint committees.................275.10
72a-1e. Assistance to Senators with committee
memberships by employees in office
of Senator........................ 277
72a-1g. Referral of ethics violations by the
Senate Ethics Committee to the
General Accounting Office for
investigation..................... 278
72d. Committee on Appropriations;
discretionary powers.............. 278.1
72d-1. Transfer of funds from the
appropriation accounts for
salaries or expenses for the
Appropriations Committee of the
Senate............................ 278.2
74b. Employment of additional
administrative assistants......... 280
88a. [Repealed]............................ 281
88b. Education of other minors who are
congressional employees........... 282
88b-1. Congressional pages................... 283
88b-7. Daniel Webster Senate Page Residence
revolving fund.................... 284
101. Subletting duties of employees of
Senate or House of Representatives 285
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102a. Withdrawal of unexpended balances of
appropriations.................... 287
104a. Semiannual statements of expenditures
of Secretary of Senate and Chief
Administrative Officer of House of
Representatives................... 288
105. Preparation and contents of statement
of appropriations................. 290
106. Stationery for Senate; advertisements
for............................... 291
107. Opening bids for Senate and House
stationery; awarding contracts.... 292
108. Contracts for separate parts of
stationery........................ 293
109. American goods to be preferred in
purchases for Senate and House of
Representatives................... 294
110. Purchase of paper, envelopes, etc.,
for stationery rooms of Senate and
House of Representatives.......... 295
111. Purchase of supplies for Senate and
House of Representatives.......... 296
111a. Receipts from sales of items by
Sergeant at Arms and Doorkeeper of
the Senate, to Senators, etc. to
be credited to appropriation from
which purchased................... 296.1
112. Purchases of stationery and materials
for folding....................... 297
113. Detailed reports of receipts and
expenditures by Secretary of
Senate and Chief Administrative
Officer of House of
Representatives................... 298
114. Fees for copies from Senate journals.. 299
117. Sale of waste paper and condemned
furniture......................... 300
117b. Disposal of used or surplus furniture
and equipment..................... 300
117b-1. Receipts from sale of used or surplus
furniture and furnishings of
Senate............................ 300
117b-2. Transfer of excess or surplus
educationally useful equipment to
public schools.................... 300.1
118. Actions against officers for official
acts.............................. 301
118a. Officers of Senate.................... 301.5
119. Stationery rooms of House and Senate;
specifications of classes of
articles purchasable.............. 302
121. Senate restaurant for deficit fund;
deposits of proceeds from
surcharge on orders............... 304
121b-1. Senate Hair Care Services; personnel;
revolving fund.................... 304.5
121c. Office of Senate Health Promotion..... 304.7
121d. Senate Gift Shop...................... 304.8
121e. Payment of fees for services of
Attending Physician and for use of
Senate health and fitness
facilities........................ 304.9
123b. House Recording Studio; Senate
Recording Studio and Senate
Photographic Studio............... 305
123b-1. Senate Recording Studio and Senate
Photographic Studio as successors
to Senate Recording and
Photographic Studios; rules,
regulations, and fees for
photographs and photographic
services.......................... 305.17
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123c. Data processing equipment, software,
and services...................... 305.20
123c-1. Computer programing services, advance
payments.......................... 305.20-1
123d. Senate Computer Center................ 305.21
123e. Senate legislative information system. 305.22
125a. Death gratuity payments as gifts...... 306
126-2. Official reporters; designation....... 307.1
126b. Substitute and temporary reporters and
transcribers; payment from
contingent fund................... 307.2
130a. Nonpay status for Congressional
employees studying under
Congressional staff fellowships... 310
130b. Jury and witness service by employees
of the Senate and the House....... 311
130c. Waiver by Secretary of the Senate of
claims of the United States
arising out of erroneous payments
to Vice President, Senator, or
Senate employee whose pay is
disbursed by the Secretary of the
Senate............................ 312
130e. Special Services Office............... 313
Chapter 5.--Library of Congress
131. Collections composing Library;
location.......................... 315
132. Departments of Library................ 316
132a. Appropriations for increase of general
library........................... 317
132b. Joint Committee on the Library........ 318
133. Joint Committee during recess of
Congress.......................... 319
136. Librarian of Congress; appointment;
rules and regulations............. 320
136a-2. Librarian of Congress and Deputy
Librarian of Congress;
compensation...................... 320.1
138. Law library open, when................ 322
139. Report of Librarian of Congress....... 323
142j. John C. Stennis Center for Public
Service Training and Development.. 323.5
145. Copies of Journals and Documents...... 324
145a. Periodical binding of printed hearings
of committee testimony............ 325
146. Deposit of Journals of Senate and
House............................. 326
154. Library of Congress Trust Fund Board;
members; quorum; seal; rules and
regulations....................... 327
156. Same; gifts, etc., to................. 328
157. Same; trust funds; management of...... 329
158. Same; deposits with Treasurer of
United States..................... 330
158a. Temporary possession of gifts of money
or securities to Library of
Congress; investment.............. 330.1
159. Same; perpetual succession; suits by
or against........................ 331
160. Same; gifts, etc., to Library not
affected.......................... 332
161. Same; gifts, etc., exempt from Federal
taxes............................. 333
166. Congressional Research Service........ 334
Chapter 6.--Congressional and Committee Procedure:
Investigations
191. Oaths to witnesses.................... 348
[[Page 216]]
192. Refusal of witness to testify......... 349
193. Privilege of witnesses................ 350
194. Witnesses failing to testify or
produce records................... 351
194a. Request by Congressional committees to
Presidential appointees to Federal
departments, agencies, etc.,
concerned with foreign countries
or multilateral organizations for
expression of views and opinions.. 351.5
194b. Omitted............................... 351.6
195a. Restriction on payment of witness fees
or travel and subsistence expenses
to persons subpenaed by
Congressional committees.......... 352
195b. Fees for witnesses requested to appear
before Majority Policy Committee
or Minority Policy Committee...... 352.5
196. Senate resolutions for investigations;
limit of cost..................... 353
198. Adjournment........................... 354
[Provisions of Chapter 8A, Regulation of Lobbying,
Transferred to Chapter 26.]
Chapter 9.--Office of Legislative Counsel
271. Establishment......................... 390
272. Appointment of Legislative Counsel;
qualifications.................... 391
273. Compensation of Legislative Counsel... 392
274. Staff; office equipment and supplies.. 393
275. Functions............................. 394
276. Disbursement of appropriations........ 395
276a. Expenditures.......................... 395.1
276b. Travel and related expenses........... 395.2
Chapter 9D.--Office of Senate Legal Counsel
288. Office of Senate Legal Counsel........ 396
(a) Establishment; appointment of Counsel and
Deputy Counsel; Senate approval;
reappointment; compensation..........396.1
(b) Assistant counsels and other personnel;
compensation; appointment; removal...396.2
(c) Consultants..............................396.3
(d) Policies and procedures..................396.4
(e) Delegation of duties.....................396.5
(f) Attorney-client relationship.............396.6
288a. Senate Joint Leadership Group......... 396.7
(a) Accountability of office.................396.7-1
(b) Membership...............................396.7-2
(c) Assistance of Secretary of Senate........396.7-3
288b. Requirements for authorizing
representation activity........... 396.8
(a) Direction of Joint Leadership Group or Senate
resolution...........................396.8-1
[[Page 217]]
(b) Civil action to enforce subpena..........396.8-2
(c) Intervention or appearance...............396.8-3
(d) Immunity proceedings.....................396.8-4
(e) Resolution recommendations...............396.8-5
288c. Defending the Senate, committee,
subcommittee, member, officer, or
employee of the Senate............ 396.9
288d. Enforcement of Senate subpena or order 396.10
(a) Institution of civil actions.............396.10-1
(b) Actions in name of committees and
subcommittees........................396.10-2
(c) Consideration of resolutions authorizing
actions..............................396.10-3
(d) Rules of Senate..........................396.10-4
(e) Committee reports........................396.10-5
(f) Omitted..................................396.10-6
(g) Certification of failure to testify; cont396.10-7
288e. Intervention or appearance............ 396.11
(a) Actions or proceedings...................396.11-1
(b) Notification; publication................396.11-2
(c) Powers and responsibilities of Congress..396.11-3
288f. Immunity proceedings.................. 396.12
288g. Advisory and other functions.......... 396.13
(a) Cooperation with persons, committees,
subcommittees, and offices...........396.13-1
(b) Legal research files.....................396.13-2
(c) Miscellaneous duties.....................396.13-3
288h. Defense of certain constitutional
powers............................ 396.14
288i. Representation conflict or
inconsistency..................... 396.15
(a) Notification.............................396.15-1
(b) Solution; publication in Congressional
Record; review.......................396.15-2
(c) Computation of period following publicati396.15-3
(d) Reimbursement............................396.15-4
288j. Consideration of resolutions to direct
counsel........................... 396.16
(a) Procedure; rules.........................396.16-1
(b) Definition...............................396.16-2
(c) Rules of the Senate......................396.16-3
288k. Attorney General relieved of
responsibility.................... 396.17
288l. Procedural provisions................. 396.18
(a) Intervention or appearance...............396.18-1
(b) Compliance with admission requirements...396.18-2
(c) Standing to sue; jurisdiction............396.18-3
288m. Contingent fund....................... 396.19
Chapter 11.--Citizens' Commission on Public Service and
Compensation
351. Citizens' Commission on Public Service
and Compensation.................. 398
[[Page 218]]
352. Membership............................ 398.1
353. Executive Director; additional
personnel; detail of personnel of
other agencies.................... 398.2
354. Use of United States mails by
Commission........................ 398.3
355. Administrative support services....... 398.4
356. Functions of Commission............... 398.5
357. Report by Commission to the President
with respect to pay............... 398.6
358. Recommendations of the President with
respect to pay.................... 398.7
359. Effective date of recommendations of
the President..................... 398.8
360. Effect of Presidential recommendations
on existing law and prior
recommendations................... 398.9
361. Publication of recommendations........ 398.10
362. Requirements applicable to
recommendations................... 398.11
363. Additional function................... 398.12
364. Provision relating to certain other
pay adjustments................... 398.13
Chapter 13.--Joint Committee on Congressional Operations
[Repealed]
Chapter 14.--Federal Election Campaigns
subchapter i.--disclosure of federal campaign funds
431. Definitions........................... 399.8
432. Organization of political committees.. 399.9
433. Registration of political committees.. 399.10
434. Reporting requirements................ 399.11
437. Reports on convention financing....... 399.14
437c. Federal Election Commission........... 399.14-3
437d. Powers of Commission.................. 399.14-4
437f. Advisory opinions..................... 399.14-6
437g. Enforcement........................... 399.14-7
437h. Judicial review....................... 399.14-8
438. Administrative provisions............. 399.15
439. Statements filed with State officers;
``appropriate State'' defined;
duties of State offices........... 399.16
439a. Use of contributed amounts for certain
purposes.......................... 399.16-1
439c. Authorization of appropriations....... 399.16-3
441a. Limitation on contributions and
expenditures...................... 399.17
441b. Contributions or expenditures by
national banks, corporations, or
labor organizations............... 399.17-1
441c. Contributions by government
contractors....................... 399.17-2
441d. Publication and distribution of
statements and solicitations;
charge for newspaper or magazine
space............................. 399.17-3
441e. Contributions by foreign nationals.... 399.17-4
441f. Contributions in name of another
prohibited........................ 399.17-5
441g. Limitation on contribution of currency 399.17-6
441h. Fraudulent misrepresentation of
campaign authority................ 399.17-7
[[Page 219]]
442. Authority to procure technical support
and other services and incur
travel expenses; payment of such
expenses.......................... 399.19
subchapter ii.--general provisions
451. Extension of credit by regulated
industries; regulations........... 399.20
452. Prohibition against use of certain
Federal funds for election
activities; definitions........... 399.21
453. State laws affected................... 399.22
454. Partial invalidity.................... 399.23
455. Period of limitations................. 399.23-1
Chapter 15.--Office of Technology Assessment
471. Congressional findings and declaration
of purpose........................ 399.24
472. Office of Technology Assessment....... 399.25
473. Technology Assessment Board........... 399.26
474. Director of Office of Technology
Assessment........................ 399.27
475. Powers of Office of Technology
Assessment........................ 399.28
476. Technology Assessment Advisory Council 399.29
477. Utilization of services of Library of
Congress.......................... 399.30
478. Utilization of services of General
Accounting Office................. 399.31
479. Coordination of activities with
National Science Foundation....... 399.32
480. Annual report to Congress............. 399.33
481. Authorization of appropriations;
availability of appropriations.... 399.34
Chapter 16.--Congressional Standards and Conduct
502. Select Committee on Standards and
Conduct of the Senate............. 399.35
Chapter 17.--Congressional Budget Office
601. Establishment......................... 399.36
602. Duties and functions.................. 399.37
603. Public access to budget data.......... 399.38
604. Omitted............................... 399.38a
605. Sale or lease of property, supplies,
or services....................... 399.38b
606. Disposition of surplus or obsolete
personal property................. 399.38c
607. Lump-sum payments to separated
employees for unused annual leave. 399.38d
Chapter 17A.--Congressional Budget and Fiscal Operations
621. Congressional declaration of purpose.. 399.39-1
622. Definitions........................... 399.39-2
623. Continuing study of additional budget
reform proposals.................. 399.39-3
subchapter i.--congressional budget process
631. Timetable............................. 399.39-4
632. Annual adoption of concurrent
resolution on the budget.......... 399.39-5
[[Page 220]]
633. Committee allocations................. 399.39-6
634. Adoption of first concurrent
resolution on budget prior to
consideration of legislation
providing new budget authority.... 399.39-7
635. Permissible revisions of concurrent
resolutions on the budget......... 399.39-8
636. Consideration of concurrent
resolutions on budget............. 399.39-9
637. Legislation dealing with Congressional
budget must be handled by Budget
Committees........................ 399.39-10
638. House committee action on all
appropriation bills to be
completed by June 10.............. 399.39-11
639. Reports, summaries, and projections of
Congressional budget actions...... 399.39-12
640. House approval of regular
appropriation bills............... 399.39-13
641. Reconciliation........................ 399.39-14
642. Budget-related legislation must be
within appropriate levels......... 399.39-15
643. Determinations and points of order.... 399.39-15a
644. Extraneous matter in reconciliation
legislation....................... 399.39-15b
645. Adjustments........................... 399.39-15c
645a. Effect of adoption of a special order
of business in the House of
Representatives................... 399.39-15d
subchapter ii.--fiscal procedures
Part A.--General Provisions
651. Budget-related legislation not subject
to appropriations................. 399.39-16
652. [Repealed]............................ 399.39-17
653. Analysis by Congressional Budget
Office............................ 399.39-18
654. Study by General Accounting Office of
forms of Federal financial
commitment not reviewed annually
by Congress....................... 399.39-19
655. Off-budget agencies, programs, and
activities........................ 399.39-20
656. Member User Group..................... 399.39-20a
Part B.--Federal Mandates
658. Definitions........................... 399.39-21
658a. Exclusions............................ 399.39-21a
658b. Duties of congressional committees.... 399.39-21b
658c. Duties of the Director; statements on
bills and joint resolutions other
than appropriations bills and
joint resolutions................. 399.39-21c
658d. Legislation subject to point of order. 399.39-21d
658e. Provisions relating to the House of
Representatives................... 399.39-21e
658f. Requests to the Congressional Budget
Office from Senators.............. 399.39-21f
658g. Clarification of application.......... 399.39-21g
subchapter iii.--credit reform
661. Purposes.............................. 399.39-22
661a. Definitions........................... 399.39-22a
[[Page 221]]
661b. OMB and CBO analysis, coordination,
and review........................ 399.39-22b
661c. Budgetary treatment................... 399.39-22c
661d. Authorizations........................ 399.39-22d
661e. Treatment of deposit insurance and
agencies and other insurance
programs.......................... 399.39-22e
661f. Effect on other laws.................. 399.39-22f
subchapter iv.--budget agreement enforcement provisions
665. [Repealed]............................ 399.39-23
665a. [Repealed]............................ 399.39-23a
665b. [Repealed]............................ 399.39-23b
665c. [Repealed]............................ 399.39-23c
665d. [Repealed]............................ 399.39-23d
665e. [Repealed]............................ 399.39-23e
Chapter 17B.--Impoundment Control and Line Item Veto
681. Disclaimer............................ 399.39-24
682. Definitions........................... 399.39-24a
683. Rescission of budget authority........ 399.39-24b
684. Proposed deferrals of budget authority 399.39-25
685. Transmission of messages; publication. 399.39-26
686. Reports by Comptroller General........ 399.39-27
687. Suits by Comptroller General.......... 399.39-28
688. Procedure in House of Representatives
and Senate........................ 399.39-29
691. Line item veto authority.............. 399.39-34
691a. Special messages...................... 399.39-34a
691b. Cancellation effective unless
disapproved....................... 399.39-34b
691c. Deficit reduction..................... 399.39-34c
691d. Expedited congressional consideration
of disapproval bills.............. 399.39-34d
691e. Definitions........................... 399.39-34e
691f. Identification of limited tax benefits 399.39-34f
692. Judicial review....................... 399.39-35
Chapter 20.--Emergency Powers to Eliminate Budget Deficits
subchapter i.--elimination of deficits in excess of maximum
deficit amount
900. Statement of budget enforcement
through sequestration............. 399.40
901 Enforcing discretionary spending
limits............................ 399.41
902. Enforcing pay-as-you-go............... 399.42
903. Enforcing deficit targets............. 399.43
904. Reports and orders.................... 399.44
905. Exempt programs and activities........ 399.45
906. General and special sequestration
rules............................. 399.46
907. The baseline.......................... 399.47
907a. Suspension in the event of war or low
growth............................ 399.47a
907b. Modification of Presidential order.... 399.47b
907c. Flexibility among defense programs,
projects, and activities.......... 399.47c
907d. Special reconciliation process........ 399.47d
[[Page 222]]
908. [Repealed]............................ 399.48
909. [Repealed]............................ 399.48a
subchapter ii.--operational review
921. Transferred........................... 399.49
922. Judicial review....................... 399.49a
Chapter 22.--John C. Stennis Center for Public Service
Training and Development
1101. Congressional findings................ 399.50
1102. Definitions........................... 399.51
1103. Establishment of the John C. Stennis
Center for Public Service Training
and Development................... 399.52
1104. Purposes and authority of the Center.. 399.53
1105. John C. Stennis Center for Public
Service Development Trust Fund.... 399.54
1106. Expenditures and audit of Trust Fund.. 399.55
1107. Executive Director of Center.......... 399.56
1108. Administrative provisions............. 399.57
1109. Authorization for appropriations...... 399.58
1110. Appropriations........................ 399.59
Chapter 23.--Government Employee Rights
1201. Purpose and definitions............... 399.60
1202. Discriminatory practices prohibited... 399.61
1219. [Repealed]............................ 399.62
1220. Coverage of previously exempt State
employees......................... 399.63
Chapter 24.--Congressional Accountability
subchapter i.--general
1301.1 Definitions........................... 399.70-1
1302. Application of laws................... 399.70-2
subchapter ii.--extension of rights and protections
Part A.--Employment Discrimination, Family and Medical
Leave, Fair Labor Standards, Employee Polygraph Protection,
Worker Adjustment and Retraining, Employment and
Reemployment of Veterans, and Intimidation
1311. Rights and protections under title VII
of the Civil Rights Act of 1964,
the Age Discrimination in
Employment Act of 1967, the
Rehabilitation Act of 1973, and
title I of the Americans with
Disabilities Act of 1990.......... 399.71-1
1312. Rights and protections under the
Family and Medical Leave Act of
1993.............................. 399.71-2
1313. Rights and protections under the Fair
Labor Standards Act of 1938....... 399.71-3
1314. Rights and protections under the
Employee Polygraph Protection Act
of 1988........................... 399.71-4
1315. Rights and protections under the
Worker Adjustment and Retraining
Notification Act.................. 399.71-5
1316. Rights and protections relating to
veterans' employment and
reemployment...................... 399.71-6
[[Page 223]]
1316a. Legislative branch appointments....... 399.71-6a
1317. Prohibition of intimidation or
reprisal.......................... 399.71-7
Part B.--Public Services and Accommodations Under the
Americans With Disabilities Act of 1990
1331. Rights and protections under the
Americans with Disabilities Act of
1990 relating to public services
and accommodations; procedures for
remedy of violations.............. 399.72
Part C.--Occupational Safety and Health Act of 1970
1341. Rights and protections under the
Occupational Safety and Health Act
of 1970; procedures for remedy of
violations........................ 399.73-1
Part D.--Labor-Management Relations
1351. Application of chapter 71 of title 5,
United States Code, relating to
Federal service labor-management
relations; procedures for remedy
of violations..................... 399.74-1
Part E.--General
1361. Generally applicable remedies and
limitations....................... 399.75-1
Part F.--Study
1371. Study and recommendations regarding
General Accounting Office,
Government Printing Office, and
Library of Congress............... 399.76-1
subchapter iii.--office of compliance
1381. Establishment of Office of Compliance. 399.77-1
1382. Officers, staff, and other personnel.. 399.77-2
1383. Procedural rules...................... 399.77-3
1384. Substantive regulations............... 399.77-4
1385. Expenses.............................. 399.77-5
subchapter iv.--administrative and judicial dispute-
resolution procedures
1401. Procedure for consideration of alleged
violations........................ 399.78-1
1402. Counseling............................ 399.78-2
1403. Mediation............................. 399.78-3
1404. Election of proceeding................ 399.78-4
1405. Complaint and hearing................. 399.78-5
1406. Appeal to the Board................... 399.78-6
1407. Judicial review of Board decisions and
enforcement....................... 399.78-7
1408. Civil action.......................... 399.78-8
1409. Judicial review of regulations........ 399.78-9
1410. Other judicial review prohibited...... 399.78-10
1411. Effect of failure to issue regulations 399.78-11
1412. Expedited review of certain appeals... 399.78-12
1413. Privileges and immunities............. 399.78-13
1414. Settlement of complaints.............. 399.78-14
[[Page 224]]
1415. Payments.............................. 399.78-15
1416. Confidentiality....................... 399.78-16
subchapter v.--miscellaneous provisions
1431. Exercise of rulemaking powers......... 399.79-1
1432. Political affiliation and place of
residence......................... 399.79-2
1433. Nondiscrimination rules of the House
and Senate........................ 399.79-3
1434. Judicial branch coverage study........ 399.79-4
1435. Savings provisions.................... 399.79-5
1436. Use of frequent flyer miles........... 399.79-6
1437. Sense of Senate regarding adoption of
simplified and streamlined
acquisition procedures for Senate
acquisitions...................... 399.79-7
1438. Severability.......................... 399.79-8
Chapter 25.--Unfunded Mandates Reform
1501. Purposes.............................. 399.80-1
1502. Definitions........................... 399.80-2
1503. Exclusions............................ 399.80-3
1504. Agency assistance..................... 399.80-4
subchapter i.--legislative accountability and reform
1511. Cost of regulations................... 399.81-1
1512. Consideration for Federal funding..... 399.81-2
1513. Impact on local governments........... 399.81-3
1514. Enforcement in the House of
Representatives................... 399.81-4
1515. Exercise of rulemaking powers......... 399.81-5
1516. Authorization of appropriations....... 399.81-6
subchapter ii.--regulatory accountability and reform
1531. Regulatory process.................... 399.83-1
1532. Statements to accompany significant
regulatory actions................ 399.83-2
1533. Small government agency plan.......... 399.83-3
1534. State, local, and tribal government
input............................. 399.83-4
1535. Least burdensome option or explanation
required.......................... 399.83-5
1536. Assistance to the Congressional Budget
Office............................ 399.83-6
1537. Pilot program on small government
flexibility....................... 399.83-7
1538. Annual statements to Congress on
agency compliance................. 399.83-8
subchapter iii.--review of federal mandates
1551. Baseline study of costs and benefits.. 399.85-1
1552. Report on Federal mandates by Advisory
Commission on Intergovernmental
Relations......................... 399.85-2
1553. Special authorities of Advisory
Commission........................ 399.85-3
1554. Annual report to Congress regarding
Federal court rulings............. 399.85-4
1555. Definition............................ 399.85-5
1556. Authorization of appropriations....... 399.85-6
subchapter iv.--judicial review
1571. Judicial review....................... 399.87-1
[[Page 225]]
Chapter 26.--Disclosure of Lobbying Activities
1601. Findings.............................. 399.90-1
1602. Definitions........................... 399.90-2
1603. Registration of lobbyists............. 399.90-3
1604. Reports by registered lobbyists....... 399.90-4
1605. Disclosure and enforcement............ 399.90-5
1606. Penalties............................. 399.90-6
1607. Rules of construction................. 399.90-7
1608. Severability.......................... 399.90-8
1609. Identification of clients and covered
officials......................... 399.90-9
1610. Estimates based on tax reporting
system............................ 399.90-10
1611. Exempt organizations.................. 399.90-11
1612. Sense of the Senate that lobbying
expenses should remain
nondeductible..................... 399.90-12
TITLE 3.--THE PRESIDENT
Chapter 1.--Presidential Elections and Vacancies
1. Time of appointing electors........... 400
2. Failure to make choice on prescribed
day............................... 401
3. Number of electors.................... 402
4. Vacancies in electoral college........ 403
5. Determination of controversy as to
appointment of electors........... 404
6. Credentials of electors; transmission
to Archivist of the United States
and to Congress; public inspection 405
7. Meeting and vote of electors.......... 406
8. Manner of voting...................... 407
9. Certificates of votes for President
and Vice President................ 408
10. Sealing and endorsing certificates.... 409
11. Disposition of certificates........... 410
12. Failure of certificates of electors to
reach President of Senate or
Archivist of the United States;
demand on State for certificate... 411
13. Same; demand on district judge for
certificate....................... 412
14. Forfeiture for messenger's neglect of
duty.............................. 413
15. Counting electoral votes in Congress.. 414
16. Same; seats for officers and Members
of two Houses in joint meeting.... 415
17. Same; limit of debate in each House... 416
18. Same; parliamentary procedure at joint
meeting........................... 417
19. Vacancy in offices of both President
and Vice President; officers
eligible to act................... 418
20. Resignation or refusal of office...... 419
21. Definitions........................... 419.1
Chapter 2.--Office and Compensation of President
101. Commencement of term of office........ 420
104. Salary of the Vice President.......... 421
111. Expense allowance of Vice President... 422
[[Page 226]]
TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
Chapter 4.--The States
113. Residence of Members of Congress for
State income tax laws............. 425
TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES
Chapter 8.--Congressional Review of Agency Rulemaking
801. Congressional review.................. 429.1
802. Congressional disapproval procedure... 429.2
803. Special rule on statutory, regulatory,
and judicial deadlines............ 429.3
804. Definitions........................... 429.4
805. Judicial review....................... 429.5
806. Applicability; severability........... 429.6
807. Exemption for monetary policy......... 429.7
808. Effective date of certain rules....... 429.8
Chapter 29.--Commissions, Oaths, Records, and Reports
subchapter i.--commissions, oaths, and records
2905. Oath; renewal......................... 430
subchapter ii.--reports
2954. Information to committees of Congress
on request........................ 431
Chapter 31.--Authority For Employment
3110. Employment of relatives; restrictions. 431.1
Chapter 33.--Examination, Selection, and Placement
subchapter ii.--oath of office
3333. Employee affidavit; loyalty and
striking against the Government... 432
Chapter 55.--Pay Administration
subchapter i.--general provisions
5503. Recess appointments................... 433
subchapter iv.--dual pay and dual employment
5531. Definitions........................... 433.1
5532. [Repealed]............................ 433.2
5533. Dual pay from more than one position;
limitations; exceptions........... 433.3
Chapter 57.--Travel, Transportation, and Subsistence
5702. Per diem; employees traveling on
official business................. 433.4
5704. Mileage and related allowances........ 433.5
5706. Allowable travel expenses............. 433.6
5708. Effect on other statutes.............. 433.7
5742. Transportation of remains, dependents,
and effects; death occurring away
from official station or abroad... 433.8
[[Page 227]]
Chapter 73.--Suitability, Security, and Conduct
subchapter ii.--employment limitations
7311. Loyalty and striking.................. 434
subchapter iv.--foreign gifts and decorations
7342. Receipt and disposition of foreign
gifts and decorations............. 434.5
Chapter 81.--Compensation For Work
Injuries.......................... 434.6
(Not included. See 5 U.S.C. 8101-8152.)
Chapters 83 and 84.--Retirement....... 435
(Not included. See 5 U.S.C. 8331-8351; 8401-8479.)
Chapter 87.--Life Insurance........... 436
(Not included. See 5 U.S.C. 8701-8716.)
Chapter 89.--Health Insurance......... 437
(Not included. See 5 U.S.C. 8901-8914.)
Appendix 2
Federal Advisory Committee Act........ 438
(Appears in title 5, United States Code, as appendix 2.)
Appendix 4
Financial Disclosure Requirements of Federal Personnel
101. Persons required to file.............. 439.1
102. Contents of reports................... 439.2
103. Filing of reports..................... 439.3
104. Failure to file or filing false
reports........................... 439.4
105. Custody of and public access to
reports........................... 439.5
106. Review of reports..................... 439.6
107. Confidential reports and other
additional requirements........... 439.7
108. Authority of Comptroller General...... 439.8
109. Definitions........................... 439.9
110. Notice of actions taken to comply with
ethics agreements................. 439.10
111. Administration of provisions.......... 439.11
Governmentwide Limitations on Outside Earned Income and
Employment
501. Outside earned income limitation...... 440.1
502. Limitations on outside employment..... 440.2
503. Administration........................ 440.3
504. Civil penalties....................... 440.4
505. Definitions........................... 440.5
TITLE 10.--ARMED FORCES
Chapter 2.--Department of Defense
114. Annual authorization of appropriations 441
[[Page 228]]
115. Personnel strengths: requirement for
annual authorization.............. 441.1
115a. Annual manpower requirements report... 441.1a
116. Annual operations and maintenance
report............................ 441.2
119. Special access programs: congressional
oversight......................... 441.2a
Chapter 9.--Defense Budget Matters
221. Future-years defense program:
submission to Congress;
consistency in budgeting.......... 441.2b
222. Future-years mission budget........... 441.2c
226. Scoring of outlays.................... 441.2d
Chapter 403.--United States Military Academy
4342. Cadets: appointment; numbers,
territorial distribution.......... 441.5
4355. Board of Visitors..................... 442
Chapter 603.--United States Naval Academy
6954. Midshipmen: number.................... 442.5
6956. Midshipmen: nomination and selection
to fill vacancies................. 442.6
6968. Board of Visitors.................... 443
Chapter 903.--United States Air Force Academy
9342. Cadets: appointment; numbers,
territorial distribution.......... 443.5
9355. Board of Visitors..................... 444
Chapter 1013.--Budget Information and Annual Reports to
Congress
10541. National Guard and reserve component
equipment; annual report to
Congress.......................... 445
TITLE 12.--BANKS AND BANKING
Chapter 3.--Federal Reserve System
303. Qualifications and disabilities [of
members of Board of Governors of
Federal Reserve System]........... 445
TITLE 14.--COAST GUARD
Chapter 9.--Coast Guard Academy
194. Annual Board of Visitors.............. 446
TITLE 15.--COMMERCE AND TRADE
Chapter 21.--National Policy on Employment
1022. Economic Report of the President;
coverage; supplementary reports;
reference to congressional joint
committee; percentage rate of
employment; definitions........... 446.5
1024. Joint Economic Committee.............. 447
1025. Same; printing of monthly publication
entitled ``Economic Indicators'';
distribution...................... 448
[[Page 229]]
TITLE 18.--CRIMES AND CRIMINAL PROCEDURE
Chapter 11.--Bribery, Graft, and Conflicts of Interest
201. Bribery of public officials and
witnesses......................... 450
202. Definitions........................... 451
203. Compensation to Members of Congress,
officers, and others in matters
affecting the Government.......... 452
204. Practice in U.S. Claims Court or U.S.
Court of Appeals for the Federal
Circuit........................... 453
205. Activities of officers and employees
in claims against and other
matters affecting the Government.. 454
210. Offer to procure appointive public
office............................ 455
211. Acceptance or solicitation to obtain
appointive public office.......... 456
Chapter 18.--Congressional, Cabinet, and Supreme Court
Assassination, Kidnapping, and Assault
351. Congressional, cabinet, and supreme
court assassination, kidnapping,
and assault; penalties............ 458
Chapter 23.--Contracts
431. Contracts by Members of Congress...... 460
432. Officer or employee contracting with
Member of Congress................ 461
433. Exemptions with respect to certain
contracts......................... 462
Chapter 29.--Elections and Political Activities
594. Intimidation of voters................ 462.1-1
595. Interference by administrative
employees of Federal, State, or
Territorial Governments........... 462.1-2
597. Expenditures to influence voting...... 462.2
598. Coercion by means of relief
appropriations.................... 462.3
599. Promise of appointment by candidate... 462.4
600. Promise of employment or other benefit
for political activity............ 462.5
601. Deprivation of employment or other
benefit for political contribution 462.6
602. Solicitation of political
contributions..................... 462.7
603. Making political contributions........ 462.8
604. Solicitation from persons on relief... 462.9
605. Disclosure of names of persons on
relief............................ 462.10
606. Intimidation to secure political
contributions..................... 462.11
607. Place of solicitation................. 462.12
Chapter 35.--Emblems, Insignia and Names
713. Uses of likenesses of the great seal
of the United States, the seals of
the President and Vice President,
and the seals of the United States
Senate, House of Representatives,
and Congress...................... 462.17
Chapter 37.--Espionage and Censorship
798. Disclosure of classified information.. 462.19
[[Page 230]]
Chapter 73.--Obstruction of Justice
1505. Obstruction of proceedings before
departments, agencies, and
committees........................ 462.20
Chapter 83.--Postal Service
1719. Franking privilege.................... 463
Chapter 93.--Public Officers and Employees
1906. Disclosure of information from a bank
examination report................ 463.5
1913. Lobbying with appropriated moneys..... 464
1918. Disloyalty and asserting the right to
strike against the Government..... 464.1
Part V.--Immunity of Witnesses
6001. Definitions........................... 465.1
6002. Immunity generally.................... 465.2
6005. Congressional proceedings............. 465.3
TITLE 19.--CUSTOMS DUTIES
Chapter 12.--Trade Act of 1974
subchapter i.--negotiating and other authority
Part 5.--Congressional Procedures With Respect to
Presidential Actions
2191. Bills implementing trade agreements on
nontariff barriers and resolutions
approving commercial agreements
with Communist countries.......... 465.4
2192. Resolutions disapproving certain
actions........................... 465.5
2193. Resolutions relating to extension of
waiver authority under section 402
of the Trade Act of 1974.......... 465.6
2194. Special rules relating to
Congressional procedures.......... 465.7
Part 6.--Congressional Liaison and Reports
2211. Congressional advisers for trade
policy and negotiations........... 465.8
2212. Transmission of agreements to Congress 465.9
2213. Reports............................... 465.10
Part 8.--Identification of Market Barriers and Certain
Unfair Trade Actions
2241. Estimates of barriers to market access 465.11
Chapter 17.--Negotiation and Implementation of Trade
Agreements
2903. Implementation of trade agreements.... 465.12
Chapter 22.--Uruguay Round Trade Agreements
3534. Annual report on the WTO.............. 465.13
3535. Review of participation in the WTO.... 465.14
[[Page 231]]
TITLE 20.--EDUCATION
Chapter 3.--Smithsonian Institution
42. Board of Regents; Members............. 470
43. Appointment of regents; terms of
office; vacancies................. 471
TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE
Chapter 7.--International Bureaus, Congresses, Etc.
276. Bureau of Interparliamentary Union;
American group; authorization of
appropriations; disbursements..... 471.5
276a-2. Conference of the Interparliamentary
Union and all other parliamentary
conferences; appointment of
delegates from Senate; Chairman;
Vice Chairman..................... 471.6
276a-3. Executive secretary of American group
of Interparliamentary Union....... 471.7
276a-4. Auditing of accounts of House and
Senate delegations to
Interparliamentary Union; finality
and conclusiveness of certificate
of Chairman....................... 471.8
276c-1. Reports of expenditures by members of
American groups or delegations and
employees; consolidated reports by
Congressional Committees; public
inspection........................ 471.9
276d. Canada-United States
Interparliamentary Group.......... 471.10
276e. Authorizations of appropriations;
disbursements..................... 471.10a
276h. Mexico-United States
Interparliamentary Group.......... 471.11
276i Authorization of appropriations;
disbursements..................... 471.11a
276l. British-American Interparliamentary
Group............................. 471.12
276m. United States Delegation to the
Parliamentary Assembly of the
Conference on Security and
Cooperation in Europe (CSCE)...... 471.13
Chapter 24.--Mutual Security Program
1754. Foreign currencies; availability to
Members and employees of Congress;
authorization requirements;
reports........................... 472
1928a. North Atlantic Treaty Parliamentary
Conference; participation;
appointment of United States Group 472.5
1928b. Authorization of appropriations....... 472.6
TITLE 26.--INTERNAL REVENUE CODE
Subtitle A.--Income Taxes
Chapter 1.--Normal Taxes and Surtaxes
subchapter b.--computation of taxable income
Part II.--Items Specifically Included in Gross Income
84. Transfer of appreciated property to
political organization............ 473
[[Page 232]]
Part VI.--Itemized Deductions for Individuals and
Corporations
162. Trade or business expenses............ 474
subchapter f.--exempt organizations
Part VI.--Political Organizations
527. Political organizations............... 474.5
subchapter n.--tax based on income from sources within or
without the united states
Part II.--Nonresident Aliens and Foreign Corporations
subpart d.--miscellaneous provisions
896. Adjustment of tax on nationals,
residents, and corporations of
certain foreign countries......... 474.13
subchapter p.--capital gains and losses
Part III.--General Rules for Determining Capital Gains and
Losses
1221. Capital asset defined................. 474.15
Subtitle F.--Procedure and Administration
Chapter 61.--Information and Returns
subchapter b.--miscellaneous provisions
6103. Confidentiality and disclosure of
returns and return information.... 475
6104. Publicity of information required from
certain exempt organizations and
certain trusts.................... 475.5
Chapter 78.--Discovery of Liability and Enforcement of Title
subchapter a.--examination and inspection
7608. Authority of internal revenue
enforcement officers.............. 475.6-1
Chapter 79.--Definitions
7701. Definitions........................... 475.7
7701j. Tax treatment of Federal Thrift
Savings Fund...................... 475.8
7701k. Treatment of certain amounts paid to
charity........................... 475.9
Chapter 80.--General Rules
subchapter a.--application of internal revenue laws
7802. Internal Revenue Service Oversight
Board............................. 475.10
7803. Commissioner of Internal Revenue;
other officials................... 475.13
7805. Rules and regulations................. 475.15
Subtitle G.--The Joint Committee on Taxation
Chapter 91.--Organization and Membership of the Joint
Committee
8001. Authorization......................... 476
8002. Membership............................ 476.1
8003. Election of chairman and vice chairman 476.6
8004. Appointment and compensation of staff. 476.7
8005. Payment of expenses................... 476.8
[[Page 233]]
Chapter 92.--Powers and Duties of the Joint Committee
8021. Powers................................ 477
8022. Duties................................ 477.5
8023. Additional powers to obtain data...... 478
Subtitle H.--Financing of Presidential Election Campaigns
Chapter 95.--Presidential Election Campaign Fund
9009. Reports to Congress; regulations...... 478.5
Chapter 96.--Presidential Primary Matching Payment Account
9039. Reports to Congress; regulations...... 478.10
Subtitle I.--Trust Fund Code
Chapter 98.--Trust Fund Code
subchapter b.--general provisions
9602. Management of trust funds............. 478.14
TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE
Chapter 39.--Independent Counsel
(Note: Chapter expired June 30, 1999)
596. Removal of an independent counsel;
termination of office............. 479.1
Chapter 85.--District Courts; Jurisdiction
1365. Senate actions........................ 479.2
Chapter 91.--United States Court of Federal Claims
1492. Congressional reference cases......... 479.3
Chapter 115.--Evidence; Documentary
1736. Congressional Journals................ 480
Chapter 131.--Rules of Courts
2076. Rules of evidence (repealed).......... 480.3
Chapter 165.--United States Court of Federal Claims
Procedure
2509. Congressional reference cases......... 480.5
TITLE 31.--MONEY AND FINANCE
Chapter 7.--General Accounting Office
701. Definitions........................... 481
712. Investigating the use of public money. 481.1
717. Evaluating programs and activities of
the United States Government...... 481.2
718. Availability of draft reports......... 481.3
719. Comptroller General reports........... 481.4
720. Agency reports........................ 481.5
734. Assignments and details to Congress... 481.6
[[Page 234]]
Chapter 11.--The Budget and Fiscal, Budget, and Program
Information
1101. Definitions........................... 482
1102. Fiscal year........................... 482.1
1103. Budget ceiling........................ 483
1104. Budget and appropriations authority of
the President..................... 483.1
1105. Budget contents and submission to
Congress.......................... 484
1106. Supplemental budget estimates and
changes........................... 484.1
1107. Deficiency and supplemental
appropriations.................... 485
1108. Preparation and submission of
appropriations requests to the
President......................... 485.1
1109. Current programs and activities
estimates......................... 486
1110. Year-ahead requests for authorizing
legislation....................... 486.1
1111. Improving economy and efficiency...... 487
1112. Fiscal, budget, and program
information....................... 487.1
1113. Congressional information............. 488
1114. Repealed.............................. 489
Chapter 33.--Depositing, Keeping, and Paying Money
subchapter 2.--payments
3332. Required direct deposit............... 489.1
TITLE 39.--POSTAL SERVICE
Part IV.--Mail Matter
Chapter 32.--Penalty and Franked Mail
3201. Definitions........................... 490
3210. Franked mail transmitted by the Vice
President, Members of Congress,
and congressional officials....... 491
3211. Public documents...................... 492
3212. Congressional Record under frank of
Members of Congress............... 493
3213. Seeds and reports from Department of
Agriculture....................... 494
3215. Lending or permitting use of frank
unlawful.......................... 495
3216. Reimbursement for franked mailings.... 496
3218. Franked mail for survivors of Members
of Congress....................... 496.1
3219. Mailgrams............................. 496.2
3220. Use of official mail in the location
and recovery of missing children.. 496.3
...... Domestic Mail Manual Provisions
Relating to the Congressional
franking privilege................ 497
TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Chapter 2.--Capitol Building and Grounds
161. Title of Superintendent of Capitol
Building and Grounds changed to
Architect of the Capitol.......... 500
162. Architect of the Capitol; powers and
duties............................ 501
[[Page 235]]
162-1. Appointment of Architect of the
Capitol........................... 501.1
162a. Same; compensation.................... 501.2
162b. Same; semiannual report of
expenditures...................... 501.3
163. Same; care and superintendence of
Capitol........................... 502
163a. Same; exterior of Capitol............. 503
163b. Same; delegation of authority......... 504
164a. Same; Assistant Architect of the
Capitol to act in case of absence,
disability, or vacancy............ 505
166. Same; repairs of Capitol.............. 506
...... Extension, reconstruction, and
replacement of central portion of
the Capitol....................... 506.1
Note: Overall plan for satisfying
telecommunications requirements of
legislative branch................ 506.1
Note: Energy management requirements for
Congressional buildings........... 506.1
166a. Omitted...............................
166b-1a. Compensation of employees under
Architect of Capitol; single per
annum gross rates................. 508.1
166b-1b. Same; conversion...................... 508.2
166b-1c. Same; obsolete references in existing
law............................... 508.3
166b-1d. Same; savings provisions.............. 508.4
166b-1e. Same; effect on existing law.......... 508.5
166b-1f. Same; exemptions...................... 508.6
166b-2. Registered nurses compensated under
appropriations for Capitol
Buildings, Senate Office Buildings
and House Office Buildings;
allocation to General Schedule
salary grade...................... 509
166b-3a. Compensation of certain positions in
Office of Architect of Capitol.... 509.1
166b-6. Assignment and reassignment of
personnel by Architect of Capitol
for personal services............. 509.2
168. Heating and ventilating Senate wing... 510
170. Purchase of furniture or carpets for
House or Senate................... 511
174b. Senate Office Buildings; approval of
structural changes by Architect of
Capitol........................... 512
174b-1. Same; additional Senate office
building.......................... 513
...... Extension of additional Senate Office
Building site..................... 513.1
...... Construction of an extension to the
New Senate Office Building........ 513.2
...... Acquisition of property as site for
parking facilities for the United
States Senate..................... 513.3
...... Plans for garage and related
facilities for the United States
Senate............................ 513.4
...... City Post Office Building; leased
property as part of Senate Office
Buildings......................... 513.5
...... Acquisition of property for use as
residential facility for United
States Senate pages............... 513.6
174c. Same; control, care, and supervision.. 514
174d. Same; assignment of space............. 515
174d-1. Same; assignment of space for meetings
of joint committees, conference
committees, etc................... 516
[[Page 236]]
174e. Certification of vouchers by Architect
of Capitol........................ 517
174j-1. Senate Restaurants; management by
Architect of the Capitol; approval
of matters of general policy;
termination....................... 518
174j-2. [Omitted.]............................ 518.1
174j-3. Same; authorization and direction to
effectuate purposes of sections
174j-1 to 174j-7 of this title.... 518.2
174j-4. Special deposit account;
establishment; appropriations;
approval of payments.............. 518.3
174j-5. Same; deposits and disbursements under
special deposit account........... 518.4
174j-6. Same; bond of Architect, Assistant
Architect, and other employees.... 518.5
174j-7. Same; supersedure of prior provisions
for maintenance and operation of
Senate Restaurants................ 518.6
174j-8. Management personnel and miscellaneous
expenses; availability of
appropriations; annual and sick
leave............................. 518.6-1
174j-9. Loans for Senate Restaurants.......... 518.6-2
184a. John W. McCormack Residential Page
School............................ 518.7
...... Acquisition of property as an addition
to the Capitol Grounds............ 518.8
185a. Senate garage; control, supervision,
servicing of official motor
vehicles.......................... 519
186. Transfer of material and equipment to
Architect......................... 520
187. National Statuary Hall................ 521
188. Works of fine arts.................... 522
188a. United States Capitol Preservation
Commission........................ 522a
188a-1. Authority of Commission to accept
gifts and conduct other
transactions relating to works of
fine art and other property....... 522a-1
188a-2. Capitol Preservation Fund............. 522a-2
188a-3. Audits by the Comptroller General..... 522a-3
188a-4. Advisory Boards....................... 522a-4
188a-5. Definition............................ 522a-5
188b. Senate Commission on Art.............. 522b
188b-1. Duties of Commission.................. 522b-1
188b-2. Supervision and maintenance of Old
Senate chamber.................... 522b-2
188b-3. Publication of list of works of art,
historical objects, and exhibits.. 522b-3
188b-4. Authorization of appropriations....... 522b-4
188b-5. Additional authority for Senate
Commission on Art to acquire works
of art, historical objects,
documents, or exhibits............ 522b-5
188b-6. Conservation, restoration,
replication, or replacement of
items in United States Senate
Collection........................ 522b-6
189. Art exhibits.......................... 523
190. Private studio and works of art....... 524
193. Protection of buildings and property.. 525
[[Page 237]]
193a. United States Capitol Grounds; area
comprising; jurisdiction.......... 526
193b. Same; public use...................... 527
193c. Same; obstruction of roads; conveyance
of goods or merchandise........... 528
193d. Same; sale of articles; signs;
solicitation...................... 529
193e. Same; injuries to property............ 530
193f. Same; firearms, dangerous weapons,
explosives, or incendiary devices;
violent entry and disorderly
conduct in the Capitol Grounds and
Buildings; exemption of Government
officials......................... 531
193g. Same; parades or assemblages; display
of flags.......................... 532
193h. Same; prosecution and punishment of
offenses.......................... 533
193i. Same; assistance to authorities by
Capitol employees................. 534
193j. Same; suspension of prohibitions
against use of grounds............ 535
193k. Same; power of Capitol Police Board to
suspend prohibitions.............. 536
193l. Same; concerts on grounds............. 537
193m. Same; definitions..................... 538
193m-1. Audit for private organizations
conducting activities or
performing services in or on U.S.
Capitol Building or grounds....... 538.1
206. Capitol Police; appointment, Chief of
Capitol Police.................... 539
206c. Same; emergency duty overtime pay from
funds disbursed by Secretary of
the Senate; compensatory time off
in place of additional pay;
election, accrual and transfer of
time off; rules and regulations... 539.1
207. Same; payment......................... 540
207a. Unified payroll administration for
Capitol Police.................... 540a
208. Same; suspension of members........... 541
209. Same; pay of members under suspension. 542
210. Same; uniform, belts and arms......... 543
211. Same; uniforms; at whose expense...... 544
212. Same; wearing uniform on duty......... 545
212a. Policing of Capitol buildings and
grounds; powers of Capitol Police;
arrests by Capitol Police for
crimes of violence; arrests by
District of Columbia Police....... 546
212a-1. Capitol grounds and Library of
Congress grounds; detail of Police 546.1
212a-2. Protection of Members of Congress,
officers of Congress, and members
of their families................. 546.2
212a-3. Law enforcement authority of Capitol
Police oversight.................. 547
212b. Regulation of traffic by Capitol
Police Board...................... 547.1
213a. [Omitted.]............................ 548
214. Protection of grounds................. 549
214a. [Omitted.]............................ 549a
[[Page 238]]
214b. Designation of Capitol grounds as play
area for children of Members and
employees of Senate or House of
Representatives................... 549b
214c. Senate Employee Child Care Center..... 549c
214d. Child care center employee benefits... 549d
215. Supervision of Botanical Garden....... 550
216. Superintendent, etc., of Botanical
Garden and greenhouses............ 551
216a. Restriction on use of appropriation
for Botanical Garden.............. 552
223. Capital grounds shuttle service;
purchase, etc., of vehicles....... 553
Chapter 18.--National Visitor Center Facilities
Part A.--National Visitor Center
801. National Visitor Center; designation;
parking facility; authorization of
agreements and leases for use of
Union Station..................... 554
subchapter iii.--capitol visitor center
831. Capitol educational and information
center and information and
distribution stations; operation
agreements........................ 556
subchapter iv.--capitol guide service
851. Capitol Guide Service................. 558
Chapter 21.--National Capital Memorials and Commemorative
Works
1001. Purposes.............................. 559.1
1002. Definitions........................... 559.2
1003. Congressional authorization of
commemorative works............... 559.3
1004. National Capital Memorial Commission.. 559.4
1005. Availability of map depicting Area I
and Area II....................... 559.5
1006. Specific conditions applicable to
Areas I and II.................... 559.6
1007. Site and design approval.............. 559.7
1008. Criteria for issuance of construction
permit............................ 559.8
1009. Temporary site design................. 559.9
1010. Miscellaneous provisions.............. 559.10
Chapter 23.--Judiciary Office Building Development
1201. Findings and purposes................. 559.11
1202. Construction of building.............. 559.12
1203. Lease of building by Architect of the
Capitol........................... 559.13
1204. Structural and mechanical care and
security.......................... 559.14
1205. Allocation of space................... 559.15
1206. Commission for judiciary office
building.......................... 559.16
1207. Funding............................... 559.17
1208. Definitions........................... 559.18
[[Page 239]]
TITLE 41.--PUBLIC CONTRACTS
Chapter 1.--General Provisions
6a-1. Architect of the Capitol, exception
from advertisement requirement.... 560
6a-2. Architect of the Capitol, authority
for personal services contracts
with legal entities............... 560.1
22. Interest of Member of Congress........ 561
TITLE 42.--THE PUBLIC HEALTH AND WELFARE
Chapter 126.--Equal Opportunity for Individuals with
Disabilities
12209. Instrumentalities of the Congress..... 565
TITLE 44.--PUBLIC PRINTING AND DOCUMENTS
Chapter 1.--Joint Committee on Printing
101. Joint Committee on Printing:
membership........................ 600
102. Joint Committee on Printing:
succession; powers during recess.. 601
103. Joint Committee on Printing: remedial
powers............................ 602
Chapter 3.--Government Printing Office
301. Public Printer: appointment........... 603
302. Deputy Public Printer: appointment;
duties............................ 604
303. Public Printer and Deputy Public
Printer: pay...................... 605
304. Public Printer: vacancy in office..... 606
305. Public Printer: employees; pay........ 607
Chapter 5.--Production and Procurement of Printing and
Binding
501. Government printing, binding, and
blank-book work to be done at
Government Printing Office........ 608
502. Procurement of printing, binding, and
blank-book work by Public Printer. 609
506. Time for printing documents or reports
which include illustrations or
maps.............................. 610
507. Orders for printing to be acted upon
within one year................... 611
508. Annual estimates of quantity of paper
required for public printing and
binding........................... 612
Chapter 7.--Congressional Printing and Binding
701. ``Usual number'' of documents and
reports; distribution of House and
Senate documents and reports;
binding; reports on private bills;
number of copies printed;
distribution...................... 613
702. Extra copies of documents and reports. 614
703. Printing extra copies................. 615
704. Reprinting bills, laws, and reports
from committees not exceeding
fifty pages....................... 616
705. Duplicate orders to print............. 617
[[Page 240]]
706. Bills and resolutions: number and
distribution...................... 618
707. Bills and resolutions: style and form. 619
708. Bills and resolutions: binding sets
for Congress...................... 620
709. Public and private laws, postal
conventions, and treaties......... 621
711. Printing Acts, joint resolutions, and
treaties.......................... 622
713. Journals of Houses of Congress........ 623
714. Printing documents for Congress in two
or more editions: printing of full
number and allotment of full quota 624
715. Senate and House documents and reports
for Department of State........... 625
716. Printing of documents not provided for
by law............................ 626
717. Appropriation chargeable for printing
of document or report by order of
Congress.......................... 627
718. Lapse of authority to print........... 628
719. Classification and numbering of
publications ordered printed by
Congress; designation of
publications of departments;
printing of committee hearings.... 629
720. Senate and House Manuals.............. 630
721. Congressional Directory............... 631
722. Congressional Directory: sale......... 632
723. Memorial addresses: preparation;
distribution...................... 633
724. Memorial addresses: illustrations..... 634
725. Statement of appropriations; ``usual
number''.......................... 635
726. Printing for committees of Congress... 636
727. Committee reports: indexing and
binding........................... 637
728. United States Statutes at Large:
distribution...................... 638
730. Distribution of documents to Members
of Congress....................... 639
731. Allotments of public documents printed
after expiration of terms of
Members of Congress; rights of
retiring Members to documents..... 640
732. Time for distribution of documents by
Members of Congress extended...... 641
733. Documents and reports ordered by
Members of Congress; franks and
envelopes for Members of Congress. 642
734. Stationery and blank books for
Congress.......................... 643
735. Binding for Senators.................. 644
736. Binding at expense of Members of
Congress.......................... 645
737. Binding for Senate library............ 646
738. Binding of publications for
distribution to libraries......... 647
739. Senate and House document rooms;
superintendents................... 648
740. Senate Service Department and House
Publications Distribution Service;
superintendents................... 649
741. Disposition of documents stored at
Capitol........................... 650
Chapter 9.--Congressional Record
901. Congressional Record: arrangement,
style, contents, and indexes...... 651
[[Page 241]]
902. Congressional Record: indexes......... 652
903. Congressional Record: daily and
permanent forms................... 653
904. Congressional Record: maps; diagrams;
illustrations..................... 654
905. Congressional Record: additional
insertions........................ 655
906. Congressional Record: gratuitous
copies; delivery.................. 656
907. Congressional Record: extracts for
Members of Congress; mailing
envelopes......................... 657
908. Congressional Record: payment for
printing extracts or other
documents......................... 658
910. Congressional Record: subscriptions;
sale of current, individual
numbers, and bound sets; postage
rate.............................. 659
Chapter 11.--Executive and Judiciary Printing and Binding
1104. Restrictions on use of illustrations.. 660
Chapter 13.--Particular Reports and Documents
1301. Agriculture, Department of: report of
Secretary......................... 661
1326. Librarian of Congress: reports........ 661.1
1339. Printing of the President's Message... 662
Chapter 17.--Distribution and Sale of Public Documents
1705. Printing additional copies for sale to
public; regulations............... 663
1706. Printing and sale of extra copies of
documents......................... 664
1710. Index of documents: number and
distribution...................... 665
1715. Publications for department or officer
or for congressional committees... 666
1718. Distribution of Government
publications to the Library of
Congress.......................... 667
1719. International exchange of Government
publications...................... 668
Chapter 19.--Depository Library Program
1901. Definition of Government publication.. 669
1902. Availability of Government
publications through
Superintendent of Documents; lists
of publications not ordered from
Government Printing Office........ 670
1903. Distribution of publications to
depositories; notice to Government
components; cost of printing and
binding........................... 671
1904. Classified list of Government
publications for selection by
depositories...................... 672
1905. Distribution to depositories;
designation of additional
libraries; justification;
authorization for certain
designations...................... 673
1906. Land-grant colleges constituted
depositories...................... 674
1909. Requirements of depository libraries;
reports on conditions;
investigations; termination;
replacement....................... 675
1910. Designations of replacement
depositories; limitations on
numbers; conditions............... 676
[[Page 242]]
1912. Regional depositories; designation;
functions; disposal of
publications...................... 677
1914. Implementation of depository library
program by Public Printer......... 678
1915. Highest State appellate court
libraries as depository libraries. 678.1
1916. Designation of libraries of accredited
law schools as depository
libraries......................... 678.2
Chapter 21.--National Archives and Records Administration
2112. Presidential archival records......... 679
2118. Records of Congress................... 679.1
Chapter 33.--Disposal of Records
3303a. Examination by Archivist of lists and
schedules of records lacking
preservation value; disposal of
records........................... 680
Chapter 35.--Coordination of Federal Information Policy
3501. Purposes.............................. 681
3503. Office of Information and Regulatory
Affairs........................... 682
3505. Assignment of tasks and deadlines..... 683
3514. Responsiveness to Congress............ 684
1 u.s.c.--general provisions
[[Page 243]]
[201]
____________________________________________________________
GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
SENATE
Extracts from the United States Code \1\
\1\ Since some provisions of the most recently enacted
statutes may receive slightly different editorial treatment
in the codification process, and since a few stylistic
changes have been made in this Manual to achieve more
convenient adaptation to Senate needs, some pro forma
deviations from the exact format of the United States Code
may be noted.
[Data collected through 106th Congress, 1st Session]
____________________________________________________________
TITLE I.--GENERAL PROVISIONS
Chapter 2.--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT;
REPEALS; SEALING OF INSTRUMENTS
201
201 Sec. 112. Statutes at large; contents; admissibility in
evidence.
The Archivist of the United States shall cause to be
compiled, edited, indexed, and published, the United States
Statutes at Large, which shall contain all the laws and
concurrent resolutions enacted during each regular session
of Congress; all proclamations by the President in the
numbered series issued since the date of the adjournment of
the regular session of Congress next preceding; and also any
amendments to the Constitution of the United States proposed
or ratified pursuant to article V thereof since that date,
together with the certificate of the Archivist of the United
States issued in compliance with the provision contained in
section 106b of this title. In the event of an extra session
of Congress, the Archivist of the United States shall cause
all the laws and concurrent resolutions enacted during said
extra session to be consolidated with, and published as part
of, the contents of the volume for the next regular session.
The United States Statutes at Large shall be legal evidence
of laws, concurrent resolutions, treaties, international
agreements other than treaties, proclamations by the
President, and proposed or ratified amendments to the
Constitution of the United States therein contained, in all
the courts of the United States, the several States, and the
Territories and insular possessions of the United States.
(July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch.
1001, Sec. 1, 64 Stat. 979; Oct. 31, 1951, ch. 655, Sec. 3,
65 Stat. 710; Oct. 19, 1984, Pub. L. 98-497, Title I,
Sec. 107(d), 98 Stat. 2291.)
[[Page 244]]
201.5
201.5 Sec. 112b. United States international agreements;
transmission to Congress.
(a) The Secretary of State shall transmit to the
Congress the text of any international agreement (including
the text of any oral international agreement, which
agreement shall be reduced to writing), other than a treaty,
to which the United States is a party as soon as practicable
after such agreement has entered into force with respect to
the United States but in no event later than sixty days
thereafter. However, any such agreement the immediate public
disclosure of which would, in the opinion of the President,
be prejudicial to the national security of the United States
shall not be so transmitted to the Congress but shall be
transmitted to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives under an appropriate injunction of secrecy
to be removed only upon due notice from the President. Any
department or agency of the United States Government which
enters into any international agreement on behalf of the
United States shall transmit to the Department of State the
text of such agreement not later than twenty days after such
agreement has been signed.
(b) Not later than March 1, 1979, and at yearly
intervals thereafter, the President shall, under his own
signature, transmit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report with respect to each
international agreement which, during the preceding year,
was transmitted to the Congress after the expiration of the
60-day period referred to in the first sentence of
subsection (a), describing fully and completely the reasons
for the late transmittal.
(c) Notwithstanding any other provision of law, an
international agreement may not be signed or otherwise
concluded on behalf of the United States without prior
consultation with the Secretary of State. Such consultation
may encompass a class of agreements rather than a particular
agreement.
(d) The Secretary of State shall determine for and
within the executive branch whether an arrangement
constitutes an international agreement within the meaning of
this section.
(e) The President shall, through the Secretary of State,
promulgate such rules and regulations as may be necessary to
carry out this section. (Aug. 22, 1972, Pub. L. 92-403,
Sec. 1, 86 Stat. 619; June 15, 1977, Pub. L. 95-45, Sec. 5,
91 Stat. 224; Oct. 7, 1978, Pub. L. 95-426, Title VII,
Sec. 708, 92 Stat. 993; Apr. 30, 1994, Pub. L. 103-236,
Sec. 138, 108 Stat. 397; Nov. 2, 1994, Pub. L. 103-437,
Sec. 1, 108 Stat. 4581.)
Chapter 3.--CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS;
DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS
202
202 Sec. 211. Copies [of Code of Laws] to Members of Congress.
In addition to quotas provided for by section 210 of
this title there shall be printed, published, and
distributed of the Code of Laws relating to the District of
Columbia with tables, index and other ancillaries, suitably
bound and with thumb inserts and other convenient devices to
distinguish the parts, and of the supplements to both codes
as provided for by sections 202, 203 of this title, ten
copies of each for each
[[Page 245]]
Member of the Senate * * * for his use and distribution, and
in addition for the * * * Committee on the Judiciary of the
Senate a number of bound copies of each equal to ten times
the number of members of such committee[s], and one bound
copy of each for the use of each committee of the Senate * *
* (July 30, 1947, ch. 388, 61 Stat. 640.)
203
203 Sec. 212. Additional distribution at each new Congress.
In addition the Superintendent of Documents shall, at
the beginning of the first session of each Congress, supply
to each Senator * * * in such Congress, who may in writing
apply for the same, one copy each of the Code of Laws of the
United States, the Code of Laws relating to the District of
Columbia, and the latest supplement to each code: Provided,
That such applicant shall certify in his written application
for the same that the volume or volumes for which he applies
is intended for his personal use exclusively: And provided
further, That no Senator * * * during his term of service
shall receive under this section more than one copy each of
the volumes enumerated herein. (July 30, 1947, ch. 388, 61
Stat. 640.)
[[Page 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
[[Page 247]]
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
[[Page 248]]
(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--
[[Page 249]]
(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
[[Page 250]]
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
[[Page 251]]
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
[[Page 252]]
``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.)
[[Page 603]]
TITLE 3.--THE PRESIDENT
Chapter 1.--PRESIDENTIAL ELECTIONS AND VACANCIES
400
400 Sec. 1. Time of appointing electors.
The electors of President and Vice President shall be
appointed, in each State, on the Tuesday next after the
first Monday in November, in every fourth year succeeding
every election of a President and Vice President. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 672.)
401
401 Sec. 2. Failure to make choice on prescribed day.
Whenever any State has held an election for the purpose
of choosing electors, and has failed to make a choice on the
day prescribed by law, the electors may be appointed on a
subsequent day in such a manner as the legislature of such
State may direct. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
672.)
402
402 Sec. 3. Number of electors.
The number of electors shall be equal to the number of
Senators and Representatives to which the several States are
by law entitled at the time when the President and Vice
President to be chosen come into office; except, that where
no apportionment of Representatives has been made after any
enumeration, at the time of choosing electors, the number of
electors shall be according to the then existing
apportionment of Senators and Representatives. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 672.)
403
403 Sec. 4. Vacancies in electoral college.
Each State may, by law, provide for the filling of any
vacancies which may occur in its college of electors when
such college meets to give its electoral vote. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 673.)
404
404 Sec. 5. Determination of controversy as to appointment of
electors.
If any State shall have provided, by laws enacted prior
to the day fixed for the appointment of the electors, for
its final determination of any controversy or contest
concerning the appointment of all or any of the electors of
such State, by judicial or other methods or procedures, and
such determination shall have been made at least six days
before the time fixed for the meeting of the electors, such
determination made pursuant to such law so existing on said
day, and made at least six days prior to said time of
meeting of the electors, shall be conclusive, and shall
govern in the counting of the electoral votes as provided in
the Constitution, and as hereinafter regulated, so far as
the ascertainment of the electors appointed by such State is
concerned. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 673.)
405
405 Sec. 6. Credentials of electors; transmission to Archivist
of the United States and to Congress; public inspection.
It shall be the duty of the executive of each State, as
soon as practicable after the conclusion of the appointment
of the electors in such State by the final ascertainment,
under and in pursuance of the laws
[[Page 604]]
of such State providing for such ascertainment, to
communicate by registered mail under the seal of the State
to the Archivist of the United States, a certificate of such
ascertainment of the electors appointed, setting forth the
names of such electors and the canvass or other
ascertainment under the laws of such State of the number of
votes given or cast for each person for whose appointment
any and all votes have been given or cast; and it shall also
thereupon be the duty of the executive of each State to
deliver to the electors of such State, on or before the day
on which they are required by section 7 of this title to
meet, six duplicate-originals of the same certificate under
the seal of the State; and if there shall have been any
final determination in a State in the manner provided for by
law of a controversy or contest concerning the appointment
of all or any of the electors of such State, it shall be the
duty of the executive of such State, as soon as practicable
after such determination, to communicate under the seal of
the State to the Archivist of the United States, a
certificate of such determination in form and manner as the
same shall have been made; and the certificate or
certificates so received by the Archivist of the United
States, shall be preserved by him for one year and shall be
a part of the public records of his office and shall be open
to public inspection; and the Archivist of the United
States, at the first meeting of Congress thereafter shall
transmit to the two Houses of Congress copies in full of
each and every such certificate so received at the National
Archives and Records Administration. (June 25, 1948, ch.
644, 62 Stat. 673; Oct. 31, 1951, ch. 655, Sec. 6, 65 Stat.
711; Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1),
(2)(A), 98 Stat. 2291.)
406
406 Sec. 7. Meeting and vote of electors.
The electors of President and Vice President of each
State shall meet and give their votes on the first Monday
after the second Wednesday in December next following their
appointment at such place in each State as the legislature
of such State shall direct. (June 25, 1948, ch. 644, Sec. 1,
62 Stat. 673.)
407
407 Sec. 8. Manner of voting.
The electors shall vote for President and Vice
President, respectively, in the manner directed by the
Constitution. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
674.)
408
408 Sec. 9. Certificates of votes for President and Vice
President.
The electors shall make and sign six certificates of all
the votes given by them, each of which certificates shall
contain two distinct lists, one of the votes for President
and the other of the votes for Vice President, and shall
annex to each of the certificates one of the lists of the
electors which shall have been furnished to them by
direction of the executive of the State. (June 25, 1948, ch.
644, Sec. 1, 62 Stat. 674.)
409
409 Sec. 10. Sealing and endorsing certificates.
The electors shall seal up the certificates so made by
them, and certify upon each that the lists of all the votes
of such States given for President, and of all the votes
given for Vice President, are contained therein. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 674.)
[[Page 605]]
410
410 Sec. 11. Disposition of certificates.
The electors shall dispose of the certificates so made
by them and the lists attached thereto in the following
manner:
First. They shall forthwith forward by registered mail
one of the same to the President of the Senate at the seat
of government.
Second. Two of the same shall be delivered to the
secretary of state of the State, one of which shall be held
subject to the order of the President of the Senate, the
other to be preserved by him for one year and shall be a
part of the public records of his office and shall be open
to public inspection.
Third. On the day thereafter they shall forward by
registered mail two of such certificates and lists to the
Archivist of the United States at the seat of government,
one of which shall be held subject to the order of the
President of the Senate. The other shall be preserved by the
Archivist of the United States for one year and shall be a
part of the public records of his office and shall be open
to public inspection.
Fourth. They shall forthwith cause the other of the
certificates and lists to be delivered to the judge of the
district in which the electors shall have assembled. (Oct.
31, 1951, ch. 655, Sec. 7, 65 Stat. 712; Oct. 19, 1984, Pub.
L. 98-497, Title I, Sec. 107(e)(1), 98 Stat. 2291.)
411
411 Sec. 12. Failure of certificates of electors to reach
President of Senate or Archivist of the United States;
demand on State for certificate.
When no certificate of vote and list mentioned in
sections 9 and 11 of this title from any State shall have
been received by the President of the Senate or by the
Archivist of the United States by the fourth Wednesday in
December, after the meeting of the electors shall have been
held, the President of the Senate or, if he be absent from
the seat of government, the Archivist of the United States
shall request, by the most expeditious method available, the
secretary of state of the State to send up the certificate
and list lodged with him by the electors of such State; and
it shall be his duty upon receipt of such request
immediately to transmit same by registered mail to the
President of the Senate at the seat of government. (Oct. 31,
1951, ch. 655, Sec. 8, 65 Stat. 712; Oct. 19, 1984, Pub. L.
98-497, Title I, Sec. 107(e)(1), (2)(B), 98 Stat. 2291.)
412
412 Sec. 13. Same; demand on district judge for certificate.
When no certificates of votes from any State shall have
been received at the seat of government on the fourth
Wednesday in December, after the meeting of the electors
shall have been held, the President of the Senate or, if he
be absent from the seat of government, the Archivist of the
United States shall send a special messenger to the district
judge in whose custody one certificate of votes from the
State has been lodged, and such judge shall forthwith
transmit that list by the hand of such messenger to the seat
of government. (Oct. 31, 1951, ch. 655, Sec. 9, 65 Stat.
712; Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1),
98 Stat. 2291.)
413
413 Sec. 14. Forfeiture for messenger's neglect of duty.
Every person who, having been appointed, pursuant to
section 13 of this title, to deliver the certificates of the
votes of the electors to the President of the Senate, and
having accepted such appointment,
[[Page 606]]
shall neglect to perform the services required from him,
shall forfeit the sum of $1,000. (June 25, 1948, ch. 644,
Sec. 1, 62 Stat. 675.)
414
414 Sec. 15. Counting electoral votes in Congress.
Congress shall be in session on the sixth day of January
succeeding every meeting of the electors. The Senate and
House of Representatives shall meet in the Hall of the House
of Representatives at the hour of 1 o'clock in the afternoon
on that day, and the President of the Senate shall be their
presiding officer. Two tellers shall be previously appointed
on the part of the Senate and two on the part of the House
of Representatives, to whom shall be handed, as they are
opened by the President of the Senate, all the certificates
and papers purporting to be certificates of the electoral
votes, which certificates and papers shall be opened,
presented, and acted upon in the alphabetical order of the
States, beginning with the letter A; and said tellers,
having then read the same in the presence and hearing of the
two Houses, shall make a list of the votes as they shall
appear from the said certificates; and the votes having been
ascertained and counted according to the rules in this
subchapter provided, the result of the same shall be
delivered to the President of the Senate, who shall
thereupon announce the state of the vote, which announcement
shall be deemed a sufficient declaration of the persons, if
any, elected President and Vice President of the United
States, and, together with a list of the votes, be entered
on the Journals of the two Houses. Upon such reading of any
such certificate or paper, the President of the Senate shall
call for objections, if any. Every objection shall be made
in writing, and shall state clearly and concisely, and
without argument, the ground thereof, and shall be signed by
at least one Senator and one Member of the House of
Representatives before the same shall be received. When all
objections so made to any vote or paper from a State shall
have been received and read, the Senate shall thereupon
withdraw, and such objections shall be submitted to the
Senate for its decision; and the Speaker of the House of
Representatives shall, in like manner, submit such
objections to the House of Representatives for its decision;
and no electoral vote or votes from any State which shall
have been regularly given by electors whose appointment has
been lawfully certified to according to section 6 of this
title from which but one return has been received shall be
rejected, but the two Houses concurrently may reject the
vote or votes when they agree that such vote or votes have
not been so regularly given by electors whose appointment
has been so certified. If more than one return or paper
purporting to be a return from a State shall have been
received by the President of the Senate, those votes, and
those only, shall be counted which shall have been regularly
given by the electors who are shown by the determination
mentioned in section 5 of this title to have been appointed,
if the determination in said section provided for shall have
been made, or by such successors or substitutes, in case of
a vacancy in the board of electors so ascertained, as have
been appointed to fill such vacancy in the mode provided by
the laws of the State; but in case there shall arise the
question which of two or more of such State authorities
determining what electors have been appointed, as mentioned
in section 5 of this title, is the lawful tribunal of such
State, the votes regularly given of those electors, and
those only, of such State shall be counted whose title as
electors the two Houses, acting separately, shall
concurrently
[[Page 607]]
decide is supported by the decision of such State so
authorized by its law; and in such case of more than one
return or paper purporting to be a return from a State, if
there shall have been no such determination of the question
in the State aforesaid, then those votes, and those only,
shall be counted which the two Houses shall concurrently
decide were cast by lawful electors appointed in accordance
with the laws of the State, unless the two Houses, acting
separately, shall concurrently decide such votes not to be
the lawful votes of the legally appointed electors of such
State. But if the two Houses shall disagree in respect of
the counting of such votes, then, and in that case, the
votes of the electors whose appointment shall have been
certified by the executive of the State, under the seal
thereof, shall be counted. When the two Houses have voted,
they shall immediately again meet, and the presiding officer
shall then announce the decision of the questions submitted.
No votes or papers from any other State shall be acted upon
until the objections previously made to the votes or papers
from any State shall have been finally disposed of. (June
25, 1948, ch. 644, Sec. 1, 62 Stat. 675.)
415
415 Sec. 16. Same; seats for officers and Members of two Houses
in joint meeting.
At such joint meeting of the two Houses seats shall be
provided as follows: For the President of the Senate, the
Speaker's chair; for the Speaker, immediately upon his left;
the Senators, in the body of the Hall upon the right of the
presiding officer; for the Representatives, in the body of
the Hall not provided for the Senators; for the tellers,
Secretary of the Senate, and Clerk of the House of
Representatives, at the Clerk's desk; for the other officers
of the two Houses, in front of the Clerk's desk and upon
each side of the Speaker's platform. Such joint meeting
shall not be dissolved until the count of electoral votes
shall be completed and the result declared; and no recess
shall be taken unless a question shall have arisen in regard
to counting any such votes, or otherwise under this
subchapter, in which case it shall be competent for either
House, acting separately, in the manner hereinbefore
provided, to direct a recess of such House not beyond the
next calendar day, Sunday excepted, at the hour of 10
o'clock in the forenoon. But if the counting of the
electoral votes and the declaration of the result shall not
have been completed before the fifth calendar day next after
such first meeting of the two Houses, no further or other
recess shall be taken by either House. (June 25, 1948, ch.
644, Sec. 1, 62 Stat. 676.)
416
416 Sec. 17. Same; limit of debate in each House.
When the two Houses separate to decide upon an objection
that may have been made to the counting of any electoral
vote or votes from any State, or other question arising in
the matter, each Senator and Representative may speak to
such objection or question five minutes, and not more than
once; but after such debate shall have lasted two hours it
shall be the duty of the presiding officer of each House to
put the main question without further debate. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 676.)
[[Page 608]]
417
417 Sec. 18. Same; parliamentary procedure at joint meeting.
While the two Houses shall be in meeting as provided in
this chapter, the President of the Senate shall have power
to preserve order; and no debate shall be allowed and no
question shall be put by the presiding officer except to
either House on a motion to withdraw. (Sept. 3, 1954, ch.
1263, Sec. 3, 68 Stat. 1227.)
418
418 Sec. 19. Vacancy in offices of both President and Vice
President; officers eligible to act.
418.1
418.1 (a)(1) If, by reason of death, resignation, removal from
office, inability, or failure to qualify, there is neither a
President nor Vice President to discharge the powers and
duties of the office of President, then the Speaker of the
House of Representatives shall, upon his resignation as
Speaker and as Representative in Congress, act as President.
(2) The same rule shall apply in the case of the death,
resignation, removal from office, or inability of an
individual acting as President under this subsection.
418.2
418.2 (b) If, at the time when under subsection (a) of this
section a Speaker is to begin the discharge of the powers
and duties of the office of President, there is no Speaker,
or the Speaker fails to qualify as Acting President, then
the President pro tempore of the Senate shall, upon his
resignation as President pro tempore and as Senator, act as
President.
418.3
418.3 (c) An individual acting as President under subsection
(a) or subsection (b) of this section shall continue to act
until the expiration of the then current Presidential term,
except that--
(1) if his discharge of the powers and
duties of the office is founded in whole or in
part on the failure of both the President-elect
and the Vice-President-elect to qualify, then he
shall act only until a President or Vice
President qualifies; and
(2) if his discharge of the powers and
duties of the office is founded in whole or in
part on the inability of the President or Vice
President, then he shall act only until the
removal of the disability of one of such
individuals.
418.4
418.4 (d)(1) If, by reason of death, resignation, removal from
office, inability, or failure to qualify, there is no
President pro tempore to act as President under subsection
(b) of this section, then the officer of the United States
who is highest on the following list, and who is not under
disability to discharge the powers and duties of the office
of President shall act as President: Secretary of State,
Secretary of the Treasury, Secretary of Defense, Attorney
General, Secretary of the Interior, Secretary of
Agriculture, Secretary of Commerce, Secretary of Labor,
Secretary of Health and Human Services, Secretary of Housing
and Urban Development, Secretary of Transportation,
Secretary of Energy, Secretary of Education, Secretary of
Veterans' Affairs.
(2) An individual acting as President under this
subsection shall continue to do so until the expiration of
the then current Presidential term, but not after a
qualified and prior-entitled individual is able to act,
except that the removal of the disability of an individual
higher on the list contained in paragraph (1) of this
subsection or the ability to qualify on the part of an
individual higher on such list shall not terminate his
service.
[[Page 609]]
(3) The taking of the oath of office by an individual
specified in the list in paragraph (1) of this subsection
shall be held to constitute his resignation from the office
by virtue of the holding of which he qualifies to act as
President.
418.5
418.5 (e) Subsections (a), (b), and (d) of this section shall
apply only to such officers as are eligible to the office of
President under the Constitution. Subsection (d) of this
section shall apply only to officers appointed, by and with
the advice and consent of the Senate, prior to the time of
the death, resignation, removal from office, inability, or
failure to qualify, of the President pro tempore, and only
to officers not under impeachment by the House of
Representatives at the time the powers and duties of the
office of President devolve upon them.
418.6
418.6 (f) During the period that any individual acts as
President under this section, his compensation shall be at
the rate then provided by law in the case of the President.
(June 25, 1948, ch. 644, Sec. 1, 62 Stat. 677; Sept. 9,
1965, Pub. L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15,
1966, Pub. L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12,
1970, Pub. L. 91-375, Sec. 6(b), 84 Stat. 775; Aug. 4, 1977,
Pub. L. 95-91, Title VII, Sec. 709(g), 91 Stat. 609; Oct.
17, 1979, Pub. L. 96-88, Title V, Sec. 508(a), 93 Stat. 692;
Oct. 25, 1988, Pub. L. 100-527, Sec. 13(a), 102 Stat. 2643.)
419
419 Sec. 20. Resignation or refusal of office.
The only evidence of a refusal to accept, or of a
resignation of the office of President or Vice President,
shall be an instrument in writing, declaring the same, and
subscribed by the person refusing to accept or resigning, as
the case may be, and delivered into the office of the
Secretary of State. (June 25, 1948, ch. 644, Sec. 1, 62
Stat. 678.)
419.1
419.1 Sec. 21. Definitions.
As used in this chapter the term--
(a) ``State'' includes the District of
Columbia.
(b) ``executives of each State'' includes
the Board of Commissioners of the District of
Columbia. (Oct. 4, 1961, Pub. L. 87-389,
Sec. 2(a), 75 Stat. 820.)
Chapter 2.--OFFICE AND COMPENSATION OF PRESIDENT
420
420 Sec. 101. Commencement of term of office.
The term of four years for which a President and Vice
President shall be elected, shall, in all cases, commence on
the 20th day of January next succeeding the day on which the
votes of the electors have been given. (June 25, 1948, ch.
644, Sec. 1, 62 Stat. 678.)
421
421 Sec. 104. Salary of the Vice President.
(a) The per annum rate of salary of the Vice President
of the United States shall be the rate determined for such
position under chapter 11 of title 2, as adjusted under this
section. Subject to subsection (b), effective at the
beginning of the first month in which an adjustment takes
effect under section 5303 of title 5 in the rates of pay
under the General Schedule, the salary of the Vice President
shall be adjusted by an amount, rounded to the nearest
multiple of $100 (or if midway between multiples of $100, to
the nearest higher multiple of $100), equal to the
percentage of such per annum rate which corresponds to
[[Page 610]]
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 the second and third sentences of subsection
(a) in any calendar year (before rounding) exceed the
percentage adjustment taking effect in such calendar year
under section 5303 of title 5 in the rates of pay under the
General Schedule. (June 25, 1948, ch. 644, 62 Stat. 678;
Jan. 19, 1949, ch. 2, Sec. 1(b), 63 Stat. 4; Mar. 2, 1955,
ch. 9, Sec. 4(c), 69 Stat. 11; Pub. L. 88-426, Title III,
Sec. 304(a), Aug. 14, 1964, 78 Stat. 422; Pub. L. 91-67,
Sec. 1, Sept. 15, 1969, 83 Stat. 106; Pub. L. 94-82, Title
II, Sec. 203, Aug. 9, 1975, 89 Stat. 420; Pub. L. 97-257,
Title I, Sec. 105(b), Sept. 10, 1982, 96 Stat. 849; Pub. L.
101-194, Title VII, Sec. 704(a)(2)(A), Nov. 30, 1989, 103
Stat. 1769; Pub. L. 101-509, Title V, Sec. 529 (Title I,
Sec. 101(b)(4)(I)), Nov. 5, 1990, 104 Stat. 1427, 1440; Pub.
L. 103-356, Title I, Sec. 101(2), Oct. 13, 1994, 108 Stat.
3410.)
422
422 Sec. 111. Expense allowance of Vice President.
There shall be paid to the Vice President in equal
monthly installments an expense allowance of $10,000 per
annum to assist in defraying expenses relating to or
resulting from the discharge of his official duties, for
which no accounting, other than for income tax purposes,
shall be made by him. (Jan. 19, 1949 ch. 2, Sec. 1(c), 63
Stat. 4; Oct. 20, 1951, ch. 521, Sec. 619(b), 65 Stat. 570.)
[[Page 611]]
TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
Chapter 4.--THE STATES
425
425 Sec. 113. Residence of Members of Congress for State income
tax laws.
(a) No State, or political subdivision thereof, in which
a Member of Congress maintains a place of abode for purposes
of attending sessions of Congress may, for purposes of any
income tax (as defined in section 110(c) of this title)
levied by such State or political subdivision thereof--
(1) treat such Member as a resident or
domiciliary of such State or political
subdivision thereof; or
(2) treat any compensation paid by the
United States to such Member as income for
services performed within, or from sources
within, such State or political subdivision
thereof,
unless such Member represents such State or a district in
such State.
(b) For purposes of subsection (a)--
(1) the term ``Member of Congress'' includes
the delegates from the District of Columbia,
Guam, and the Virgin Islands, and the Resident
Commissioner from Puerto Rico; and
(2) the term ``State'' includes the District
of Columbia.
(Dec. 22, 1987, Pub. L. 100-202, Sec. 106, 101 Stat. 1329-
433.)
[[Page 612]]
TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES
Chapter 8.--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
429.1
429.1 Sec. 801. Congressional review.
(a)(1)(A) Before a rule can take effect, the Federal
agency promulgating such rule shall submit to each House of
the Congress and the Comptroller General a report
containing--
(i) a copy of the rule;
(ii) a concise general statement relating to
the rule, including whether it is a major rule;
and
(iii) the proposed effective date of the
rule.
(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule
shall submit to the Comptroller General and make available
to each House of Congress--
(i) a complete copy of the cost-benefit
analysis of the rule, if any;
(ii) the agency's actions relevant to
sections 603, 604, 605, 607, and 609;
(iii) the agency's actions relevant to
sections 202, 203, 204, and 205 of the Unfunded
Mandates Reform Act of 1995; and
(iv) any other relevant information or
requirements under any other Act and any
relevant Executive orders.
(C) Upon receipt of a report submitted under
subparagraph (A), each House shall provide copies of the
report to the chairman and ranking member of each standing
committee with jurisdiction under the rules of the House of
Representatives or the Senate to report a bill to amend the
provision of law under which the rule is issued.
(2)(A) The Comptroller General shall provide a report on
each major rule to the committees of jurisdiction in each
House of the Congress by the end of 15 calendar days after
the submission or publication date as provided in section
802(b)(2). The report of the Comptroller General shall
include an assessment of the agency's compliance with
procedural steps required by paragraph (1)(B).
(B) Federal agencies shall cooperate with the
Comptroller General by providing information relevant to the
Comptroller General's report under subparagraph (A).
(3) A major rule relating to a report submitted under
paragraph (1) shall take effect on the latest of--
(A) the later of the date occurring 60 days
after the date on which--
(i) the Congress receives the report
submitted under paragraph (1); or
(ii) the rule is published in the
Federal Register, if so published;
[[Page 613]]
(B) if the Congress passes a joint
resolution of disapproval described in section
802 relating to the rule, and the President
signs a veto of such resolution, the earlier
date--
(i) on which either House of Congress
votes and fails to override the veto of the
President; or
(ii) occurring 30 session days after the
date on which the Congress received the veto
and objections of the President; or
(C) the date of rule would have otherwise
taken effect, if not for this section (unless a
joint resolution of disapproval under section
802 is enacted).
(4) Except for a major rule, a rule shall take effect as
otherwise provided by law after submission to Congress under
paragraph (1).
(5) Notwithstanding paragraph (3), the effective date of
a rule shall not be delayed by operation of this chapter
beyond the date on which either House of Congress votes to
reject a joint resolution of disapproval under section 802.
(b)(1) A rule shall not take effect (or continue), if
the Congress enacts a joint resolution of disapproval,
described under section 802, of the rule.
(2) A rule that does not take effect (or does not
continue) under paragraph (1) may not be reissued in
substantially the same form, and a new rule that is
substantially the same as such a rule may not be issued,
unless the reissued or new rule is specifically authorized
by a law enacted after the date of the joint resolution
disapproving the original rule.
(c)(1) Notwithstanding any other provision of this
section (except subject to paragraph (3)), a rule that would
not take effect by reason of subsection (a)(3) may take
effect, if the President makes a determination under
paragraph (2) and submits written notice of such
determination to the Congress.
(2) Paragraph (1) applies to a determination made by the
President by Executive order that the rule should take
effect because such rule is--
(A) necessary because of an imminent threat
to health or safety or other emergency;
(B) necessary for the enforcement of
criminal laws;
(C) necessary for national security; or
(D) issued pursuant to any statute
implementing an international trade agreement.
(3) An exercise by the President of the authority under
this subsection shall have no effect on the procedures under
section 802 or the effect of a joint resolution of
disapproval under this section.
(d)(1) In addition to the opportunity for review
otherwise provided under this chapter, in the case of any
rule for which a report was submitted in accordance with
subsection (a)(1)(A) during the period beginning on the date
occurring--
(A) in the case of the Senate; 60 session
days, or
(B) in the case of the House of
Representatives; 60 legislative days,
before the date the Congress adjourns a session of Congress
through the date on which the same or succeeding Congress
first convenes its next session, section 802 shall apply to
such rule in the succeeding session of Congress.
[[Page 614]]
(2)(A) In applying section 802 for purposes of such
additional review, a rule described under paragraph (1)
shall be treated as though--
(i) such rule were published in the Federal
Register (as a rule that shall take effect) on--
(I) in the case of the Senate, the 15th
session day, or
(II) in the case of the House of
Representatives, the 15th legislative day,
after the succeeding session of Congress
first convenes; and
(ii) a report on such rule were submitted to
Congress under subsection (a)(1) on such date.
(B) Nothing in this paragraph shall be construed to
affect the requirement under subsection (a)(1) that a report
shall be submitted to Congress before a rule can take
effect.
(3) A rule described under paragraph (1) shall take
effect as otherwise provided by law (including other
subsections of this section).
(e)(1) For purposes of this subsection, section 802
shall also apply to any major rule promulgated between March
1, 1996, and the date of the enactment of this chapter.
(2) In applying section 802 for purposes of
Congressional review, a rule described under paragraph (1)
shall be treated as though--
(A) such rule were published in the Federal
Register on the date of enactment of this
chapter; and
(B) a report on such rule were submitted to
Congress under subsection (a)(1) on such date.
(3) The effectiveness of a rule described under
paragraph (1) shall be as otherwise provided by law, unless
the rule is made of no force or effect under section 802.
(f) Any rule that takes effect and later is made of no
force or effect by enactment of a joint resolution under
section 802 shall be treated as though such rule had never
taken effect.
(g) If the Congress does not enact a joint resolution of
disapproval under section 802 respecting a rule, no court or
agency may infer any intent of the Congress from any action
or inaction of the Congress with regard to such rule,
related statute, or joint resolution of disapproval.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 868.)
429.2
429.2 Sec. 802. Congressional disapproval procedure.
(a) For purposes of this section, the term ``joint
resolution'' means only a joint resolution introduced in the
period beginning on the date on which the report referred to
in section 801(a)(1)(A) is received by Congress and ending
60 days thereafter (excluding days either House of Congress
is adjourned for more than 3 days during a session of
Congress), the matter after the resolving clause of which is
as follows: ``That Congress disapproves the rule submitted
by the __________ relating to __________, and such rule
shall have no force or effect.'' (The blank spaces being
appropriately filled in).
(b)(1) A joint resolution described in subsection (a)
shall be referred to the committees in each House of
Congress with jurisdiction.
(2) For purposes of this section, the term ``submission
or publication date'' means the later of the date on which--
(A) the Congress receives the report
submitted under section 801(a)(1); or
(B) the rule is published in the Federal
Register, if so published.
[[Page 615]]
(c) In the Senate, if the committee to which is referred
a joint resolution described in subsection (a) has not
reported such joint resolution (or an identical joint
resolution) at the end of 20 calendar days after the
submission or publication date defined under subsection
(b)(2), such committee may be discharged from further
consideration of such joint resolution upon a petition
supported in writing by 30 Members of the Senate, and such
joint resolution shall be placed on the calendar.
(d)(1) In the Senate, when the committee to which a
joint resolution is referred has reported, or when a
committee is discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection
(a), it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to)
for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to,
the joint resolution shall remain the unfinished business of
the Senate until disposed of.
(2) In the Senate, debate on the joint resolution, and
on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which
shall be divided equally between those favoring and those
opposing the joint resolution. A motion further to limit
debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
joint resolution is not in order.
(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
Senate, the vote on final passage of the joint resolution
shall occur.
(4) 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 (a)
shall be decided without debate.
(e) In the Senate the procedure specified in subsection
(c) or (d) shall not apply to the consideration of a joint
resolution respecting a rule--
(1) after the expiration of the 60 session
days beginning with the applicable submission or
publication date, or
(2) if the report under section 801(a)(1)(A)
was submitted during the period referred to in
section 801(d)(1), after the expiration of the
60 session days beginning on the 15th session
day after the succeeding session of Congress
first convenes.
(f) If, before the passage by one House of a joint
resolution of that House described in subsection (a), that
House receives from the other House a joint resolution
described in subsection (a), then the following procedures
shall apply:
(1) The joint resolution of the other House
shall not be referred to a committee.
(2) With respect to a joint resolution
described in subsection (a) of the House
receiving the joint resolution--
[[Page 616]]
(A) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
(B) the vote on final passage shall be
on the joint resolution of the other House.
(g) This section is enacted by Congress--
(1) as an exercise of the rulemaking power
of the Senate and House of Representatives,
respectively, and as such it is deemed a part of
the rules of each House, respectively, but
applicable only with respect to the procedure to
be followed in that House in the case of a joint
resolution described in subsection (a), and it
supersedes other rules only to the extent that
it is inconsistent with such rules; and
(2) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 871.)
429.3
429.3 Sec. 803. Special rule on statutory, regulatory, and
judicial deadlines.
(a) In the case of any deadline for, relating to, or
involving any rule which does not take effect (or the
effectiveness of which is terminated) because of enactment
of a joint resolution under section 802, that deadline is
extended until the date 1 year after the date of enactment
of the joint resolution. Nothing in this subsection shall be
construed to affect a deadline merely by reason of the
postponement of a rule's effective date under section
801(a).
(b) The term ``deadline'' means any date certain for
fulfilling any obligation or exercising any authority
established by or under any Federal statute or regulation,
or by or under any court order implementing any Federal
statute or regulation.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
429.4
429.4 Sec. 804. Definitions.
For purposes of this chapter--
(1) The term ``Federal agency'' means any
agency as that term is defined in section
551(1).
(2) The term ``major rule'' means any rule
that the Administrator of the Office of
Information and Regulatory Affairs of the Office
of Management and Budget finds has resulted in
or is likely to result in--
(A) an annual effect on the economy of
$100,000,000 or more;
(B) a major increase in costs or prices
for consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
(C) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability
of United States-based enterprises to
compete with foreign-based enterprises in
domestic and export markets.
The term does not include any rule promulgated under the
Telecommunications Act of 1996 and the amendments made by
that Act.
(3) The term ``rule'' has the meaning given
such term in section 551, except that such term
does not include--
[[Page 617]]
(A) any rule of particular
applicability, including a rule that
approves or prescribes for the future rates,
wages, prices, services, or allowances
therefor, corporate or financial structures,
reorganizations, mergers, or acquisitions
thereof, or accounting practices or
disclosures bearing on any of the foregoing;
thereof, or accounting practices or
disclosures bearing on any of the foregoing;
(B) any rule relating to agency
management or personnel; or
(C) any rule of agency organization,
procedure, or practice that does not
substantially affect the rights or
obligations of non-agency parties.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
429.5
429.5 Sec. 805. Judicial review.
No determination, finding, action, or omission under
this chapter shall be subject to judicial review.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
429.6
429.6 Sec. 806. Applicability; severability.
(a) This chapter shall apply notwithstanding any other
provisions of law.
(b) If any provision of this chapter or the application
of any provision of this chapter to any person or
circumstance, is held invalid, the application of such
provision to other persons or circumstances, and the
remainder of this chapter, shall not be affected thereby.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
429.7
429.7 Sec. 807. Exemption for monetary policy.
Nothing in this chapter shall apply to rules that
concern monetary policy proposed or implemented by the Board
of Governors of the Federal Reserve System or the Federal
Open Market Committee.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 874.)
429.8
429.8 Sec. 808. Effective date of certain rules.
Notwithstanding section 801--
(1) any rule that establishes, modifies,
opens, closes, or conducts a regulatory program
for a commercial, recreational, or subsistence
activity related to hunting, fishing, or
camping, or
(2) any rule which an agency for good cause
finds (and incorporates the finding and a brief
statement of reasons therefor in the rule
issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to
the public interest,
shall take effect at such time as the Federal agency
promulgating the rule determines.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 874.)
[[Page 618]]
Chapter 29.--COMMISSIONS, OATHS, RECORDS, AND REPORTS
Subchapter I.--Commissions, Oaths, and Records
430
430 Sec. 2905. Oath; renewal.\1\
\1\ For text of oath to be taken by employees of the
Senate and House of Representatives, see section 3331 of
title 5, United States Code (not included herein).
* * * * * * *
(b) An individual who, on appointment, as an employee of
a House of Congress, subscribed to the oath of office
required by section 3331 of this title is not required to
renew the oath so long as his service as an employee of that
House of Congress is continuous. (Sept. 6, 1966, Pub. L. 89-
554, 80 Stat. 412.)
Subchapter II.--Reports
431
431 Sec. 2954. Information to committees of Congress on request.
An Executive agency, on request of the Committee on
Government Operations of the House of Representatives, or of
any seven members thereof, or on request of the Committee on
Governmental Affairs of the Senate, or any five members
thereof, shall submit any information requested of it
relating to any matter within the jurisdiction of the
committee. (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 413;
Nov. 2, 1994, Pub. L. 103-437, Sec. 3(b), 108 Stat. 4581.)
Chapter 31.--AUTHORITY FOR EMPLOYMENT
431.1
431.1 Sec. 3110. Employment of relatives; restrictions.
(a) For the purpose of this section--
(1) ``agency'' means--
(A) an Executive agency;
(B) an office, agency, or other
establishment in the legislative branch;
(C) an office, agency, or other
establishment in the judicial branch; and
(D) the government of the District of
Columbia;
(2) ``public official'' means an officer
(including the President and a Member of
Congress), a member of the uniformed service,
and employee and any other individual, in whom
is vested the authority by law, rule, or
regulation, or to whom the authority has been
delegated, to appoint, employ, promote, or
advance individuals, or to recommend individuals
for appointment, employment, promotion, or
advancement, in connection with employment in an
agency; and
(3) ``relative'' means, with respect to a
public official, an individual who is related to
the public official as father, mother, son,
daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, or half sister.
(b) A public official may not appoint, employ, promote,
advance, or advocate for appointment, employment, promotion,
or advancement, in or to a civilian position in the agency
in which he is serving or over
[[Page 619]]
which he exercises jurisdiction or control any individual
who is a relative of the public official. An individual may
not be appointed, employed, promoted, or advanced in or to a
civilian position in an agency if such appointment,
employment, promotion, or advancement has been advocated by
a public official, serving in or exercising jurisdiction or
control over the agency, who is a relative of the
individual.
(c) An individual appointed, employed, promoted, or
advanced in violation of this section is not entitled to
pay, and money may not be paid from the Treasury as pay to
an individual so appointed, employed, promoted, or advanced.
(d) The Office of Personnel Management may prescribe
regulations authorizing the temporary employment, in the
event of emergencies resulting from natural disasters or
similar unforeseen events or circumstances, of individuals
whose employment would otherwise be prohibited by this
section.
(e) This section shall not be construed to prohibit the
appointment of an individual who is a preference eligible in
any case in which the passing over of that individual on a
certificate of eligibles furnished under section 3317(a) of
this title will result in the selection for appointment of
an individual who is not a preference eligible. (Dec. 16,
1967, Pub. L. 90-206, Sec. 221(a), 81 Stat. 640; Oct. 13,
1978, Pub. L. 95-454, Sec. 906(a)(2), 92 Stat. 1224.)
Chapter 33.--EXAMINATION, SELECTION, AND PLACEMENT
Subchapter II.--Oath of Office
432
432 Sec. 3333. Employee affidavit; loyalty and striking against
the Government.
(a) Except as provided by subsection (b) of this
section, an individual who accepts office or employment in
the Government of the United States or in the government of
the District of Columbia shall execute an affidavit within
60 days after accepting the office or employment that his
acceptance and holding of the office or employment does not
or will not violate section 7311 of this title. The
affidavit is prima facie evidence that the acceptance and
holding of office or employment by the affiant does not or
will not violate section 7311 of this title.
(b) An affidavit is not required from an individual
employed by the Government of the United States or the
government of the District of Columbia for less than 60 days
for sudden emergency work involving the loss of human life
or the destruction of property. This subsection does not
relieve an individual from liability for violation of
section 7311 of this title. (Sept. 6, 1966, Pub. L. 89-554,
80 Stat. 424.)
Chapter 55.--PAY ADMINISTRATION
Subchapter I.--General Provisions
433
433 Sec. 5503. Recess appointments.\1\
(a) Payment for services may not be made from the
Treasury of the United States to an individual appointed
during a recess of the Senate
[[Page 620]]
to fill a vacancy in an existing office, if the vacancy
existed while the Senate was in session and was by law
required to be filled by and with the advice and consent of
the Senate, until the appointee has been confirmed by the
Senate. This subsection does not apply--
\1\ For proceedings on nominations see rule XXXI of the
Standing Rules of the Senate (Senate Manual section 31).
(1) if the vacancy arose within 30 days
before the end of the session of the Senate;
(2) if, at the end of the session, a
nomination for the office, other than the
nomination of an individual appointed during the
preceding recess of the Senate, was pending
before the Senate for its advice and consent; or
(3) if a nomination for the office was
rejected by the Senate within 30 days before the
end of the session and an individual other than
the one whose nomination was rejected thereafter
receives a recess appointment.
(b) A nomination to fill a vacancy referred to by
paragraph (1), (2), or (3) of subsection (a) of this section
shall be submitted to the Senate not later than 40 days
after the beginning of the next session of the Senate.
(Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 475.)
Subchapter IV.--Dual Pay and Dual Employment
433.1
433.1 Sec. 5531. Definitions.
For the purpose of sections 5532 and 5533 of this
title--
(1) ``member'' has the meaning given such term by
section 101(23) of title 37;
(2) ``position'' means a civilian office or position
(including a temporary, part-time, or intermittent
position), appointive or elective, in the legislative,
executive, or judicial branch of the Government of the
United States (including a Government corporation and a
nonappropriated fund instrumentality under the jurisdiction
of the armed forces) or in the government of the District of
Columbia;
(3) ``retired or retainer pay'' means retired pay, as
defined in section 8311(3) of this title, determined without
regard to subparagraphs (B) through (D) of such section
8311(3); except that such term does not include an annuity
payable to an eligible beneficiary of a member or former
member of a uniformed service under chapter 73 of title 10;
(4) ``agency in the legislative branch'' means the
General Accounting Office, the Government Printing Office,
the Library of Congress, the Office of Technology
Assessment, the Office of the Architect of the Capitol, the
United States Botanic Garden, and the Congressional Budget
Office;
(5) ``employee of the House of Representatives'' means a
congressional employee whose pay is disbursed by the Chief
Administrative Officer of the House of Representatives;
(6) ``employee of the Senate'' means a congressional
employee whose pay is disbursed by the Secretary of the
Senate; and
(7) ``congressional employee'' has the meaning given
that term by section 2107 of this title, excluding an
employee of an agency in the legislative branch. (Dec. 5,
1991; Pub. L. 102-290; 105 Stat. 1391; Pub. L. 104-186,
Title II, Sec. 215(6), Aug. 20, 1996, 110 Stat. 1745.)
[[Page 621]]
433.2
433.2 Sec. 5532. Repealed. Pub. L. 106-65, Title VI,
Sec. 651(a)(1), Oct. 5, 1999, 113 Stat. 664.
* * * * * * *
433.3
433.3 Sec. 5533. Dual pay from more than one position;
limitations; exceptions.
* * * * * * *
(c)(1) Unless otherwise authorized by law and except as
otherwise provided by paragraph (2) or (4) of this
subsection, appropriated funds are not available for payment
to an individual of pay from more than one position if the
pay of one of the positions is paid by the Secretary of the
Senate or the Chief Administrative Officer of the House of
Representatives, or one of the positions is under the Office
of the Architect of the Capitol, and if the aggregate gross
pay from the positions exceeds $7,724 a year ($10,540,\1\ in
the case of pay disbursed by the Secretary of the Senate).
\1\ Effective January 1, 2000, for individuals whose pay
is disbursed by the Secretary of the Senate, the figure
is ``$25,362''. (Dec. 18, 1998, Order of the President
pro tempore, pursuant to Act Jan. 8, 1971, Pub. L. 91-
656, Sec. 4, 84 Stat. 1952.)
(2) Notwithstanding paragraph (1) of this subsection,
appropriated funds are not available for payment to an
individual of pay from more than one position, for each of
which the pay is disbursed by the Chief Administrative
Officer of the House of Representatives, if the aggregate
gross pay from those positions exceeds the maximum per annum
gross rate of pay authorized to be paid to an employee out
of the clerk hire allowance of a Member of the House.
(3) For the purposes of this subsection, ``gross pay''
means the annual rate of pay (or equivalent thereof in the
case of an individual paid on other than an annual basis)
received by an individual.
(4) Paragraph (1) of this subsection does not apply to
pay on a when-actually-employed basis received from more
than one consultant or expert position if the pay is not
received for the same day. (Sept. 6, 1966, Pub. L. 89-554,
80 Stat. 483; July 28, 1967, Pub. L. 90-57, Sec. 105(h), 81
Stat. 143; Dec. 16, 1967, Pub. L. 90-206, Sec. 214(o), 81
Stat. 637; June 12, 1968, Order of President pro tempore,
Cong. Rec. Vol. 114, p. S7074 (June 12, 1968, daily ed.),
pursuant to Act Dec. 16, 1967, Pub. L. 90-206, Sec. 214(o),
81 Stat. 637; Oct. 26, 1970, Pub. L. 91-510, Sec. 477, 84
Stat. 1195; Nov. 1, 1973, Pub. L. 93-145, Sec. 101, 87 Stat.
532; Oct. 1, 1976, Pub. L. 94-440, Sec. 103, 90 Stat. 1443;
Pub. L. 95-454, Title IX, Sec. 906(a)(2), Oct. 13, 1978, 92
Stat. 1224; Pub. L. 96-70, Title III, Sec. 3302(e)(8), Sept.
27, 1979, 93 Stat. 498; Pub. L. 104-186, Title II,
Sec. 215(7), Aug. 20, 1996, 110 Stat. 1745.)
Chapter 57.--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
433.4
433.4 Sec. 5702. Per diem; employees traveling on official
business.
(a)(1) Under regulations prescribed pursuant to section
5707 of this title, an employee when traveling on official
business away from the employee's designated post of duty,
or away from the employee's home or regular place of
business (if the employee is described in section 5703 of
this title), is entitled to any one of the following:
[[Page 622]]
(A) a per diem allowance at a rate not to
exceed that established by the Administrator of
General Services for travel within the
continental United States, and by the President
or his designee for travel outside the
continental United States;
(B) reimbursement for the actual and
necessary expenses of official travel not to
exceed an amount established by the
Administrator for travel within the continental
United States or an amount established by the
President or his designee for travel outside the
continental United States; or
(C) a combination of payments described in
subparagraphs (A) and (B) of this paragraph.
(2) Any per diem allowance or maximum amount of
reimbursement shall be established to the extent feasible,
by locality.
(3) For travel consuming less than a full day, the
payment prescribed by regulation shall be allocated in such
manner as the Administrator may prescribe.
(b)(1) Under regulations prescribed under section 5707
of this title, an employee who is described in subsection
(a) of this section and who abandons the travel assignment
prior to its completion--
(A) because of an incapacitating illness or
injury which is not due to the employee's own
misconduct is entitled to reimbursement for
expenses of transportation to the employee's
designated post of duty, or home or regular
place of business, as the case may be, and to
payments pursuant to subsection (a) of this
section until that location is reached; or
(B) because of a personal emergency
situation (such as serious illness, injury, or
death of a member of the employee's family, or
an emergency situation such as fire, flood, or
act of God), may be allowed, with the approval
of an appropriate official of the agency
concerned, reimbursement for expenses of
transportation to the employee's designated post
of duty, or home or regular place of business,
as the case may be, and payments pursuant to
subsection (a) of this section until that
location is reached.
(2)(A) Under regulations prescribed pursuant to section
5707 of this title, an employee who is described in
subsection (a) of this section and who, with the approval of
an appropriate official of the agency concerned, interrupts
the travel assignment prior to its completion for a reason
specified in subparagraph (A) or (B) of paragraph (1) of
this subsection, may be allowed (subject to the limitation
provided in subparagraph (B) of this paragraph)--
(i) reimbursement for expenses of
transportation to the location where necessary
medical services are provided or the emergency
situation exists,
(ii) payments pursuant to subsection (a) of
this section until that location is reached, and
(iii) such reimbursement and payments for
return to such assignment.
(B) The reimbursement which an employee may be allowed
pursuant to subparagraph (A) of this paragraph shall be the
employee's actual costs of transportation to the location
where necessary medical services are provided or the
emergency exists, and return to assignment from such
location, less the costs of transportation which the
employee would have incurred had such travel begun and ended
at the employee's des
[[Page 623]]
ignated post of duty or home or regular place of business,
as the case may be. The payments which an employee may be
allowed pursuant to subparagraph (A) of this paragraph shall
be based on the additional time (if any) which was required
for the employee's transportation as a consequence of the
transportation's having begun and ended at a location on the
travel assignment (rather than at the employee's designated
post of duty, or home or regular place of business, as the
case may be).
(3) Subject to the limitations contained in regulations
prescribed pursuant to section 5707 of this title, an
employee who is described in subsection (a) of this section
and who interrupts the travel assignment prior to its
completion because of an incapacitating illness or injury
which is not due to the employee's own misconduct is
entitled to payments pursuant to subsection (a) of this
section at the location where the interruption occurred.
(c) This section does not apply to a justice or judge,
except to the extent provided by section 456 of title 28.
(Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 498; Nov. 10, 1969,
Pub. L. 91-114, Sec. 1, 83 Stat. 190; May 19, 1975, Pub. L.
94-22, Sec. 3, 89 Stat. 84; Aug. 14, 1979, Pub. L. 96-54,
Sec. 2(a)(36), 93 Stat. 383; Sept. 10, 1980, Pub. L. 96-346,
Sec. 1, 94 Stat. 1148; Pub. L. 99-234, Sec. 102, Jan. 2,
1986, 99 Stat. 1756; Pub. L. 102-378, Sec. 2(47), Oct. 2,
1992, 106 Stat. 1353.)
433.5
433.5 Sec. 5704. Mileage and related allowances.
(a)(1) Under regulations prescribed under section 5707
of this title, an employee who is engaged on official
business for the Government is entitled to a rate per mile
established by the Administrator of General Services,
instead of the actual expenses of transportation, for the
use of a privately owned automobile when that mode of
transportation is authorized or approved as more
advantageous to the Government. In any year in which the
Internal Revenue Service establishes a single standard
mileage rate for optional use by taxpayers in computing the
deductible costs of operating their automobiles for business
purposes, the rate per mile established by the Administrator
shall not exceed the single standard mileage rate
established by the Internal Revenue Service.
(2) Under regulations prescribed under section 5707 of
this title, an employee who is engaged on official business
for the Government is entitled to a rate per mile
established by the Administrator of General Services,
instead of the actual expenses of transportation, for the
use of privately owned airplane or a privately owned
motorcycle when that mode of transportation is authorized or
approved as more advantageous to the Government.
(b) A determination that travel by a privately owned
vehicle is more advantageous to the Government is not
required under subsection (a) of this section when payment
on a mileage basis is limited to the cost of travel by
common carrier including per diem.
(c) Notwithstanding the provisions of subsections (a)
and (b) of this section, in any case in which an employee
who is engaged on official business for the Government
chooses to use a privately owned vehicle in lieu of a
Government vehicle, payment on a mileage basis is limited to
the cost of travel by a Government vehicle.
(d) In addition to the rate per mile authorized under
subsection (a) of this section, the employee may be
reimbursed for--
[[Page 624]]
(1) parking fees;
(2) ferry fees;
(3) bridge, road, and tunnel costs; and
(4) airplane landing and tie-down fees.
(Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 499; May 19, 1975,
Pub. L. 94-22, Sec. 5, 89 Stat. 85; Sept. 10, 1980, Pub. L.
96-346, Sec. 2, 94 Stat. 1148; Sept. 30, 1994, Pub. L. 103-
329, Title VI, Sec. 634(a), 108 Stat. 2428.)
433.6
433.6 Sec. 5706. Allowable travel expenses.
Except as otherwise permitted by this subchapter or by
statutes relating to members of the uniformed services, only
actual and necessary travel expenses may be allowed to an
individual holding employment or appointment under the
United States. (Sept. 6, 1966, Pub. L. 89-554, 80 Stat.
500.)
433.7
433.7 Sec. 5708. Effect on other statutes.
This subchapter does not modify or repeal--
* * * * * * *
(2) any statute providing for mileage
allowances for Members of Congress;
(3) any statute fixing or permitting
rates higher than the maximum rates
established under this subchapter; or
(4) any appropriation statute item for
examination of estimates in the field.
(Sept. 6, 1966, Pub. L. 89-554, 80 Stat.
500.)
433.8
433.8 Sec. 5742. Transportation of remains, dependents, and
effects; death occurring away from official station or
abroad.
(a) For the purpose of this section, ``agency'' means--
* * * * * * *
(3) an agency in the legislative branch; and
. . . .
(b) When an employee dies, the head of the agency
concerned, under the regulations prescribed by the President
and, except as otherwise provided by law, may pay from
appropriations available for the activity in which the
employee was engaged--
(1) the expense of preparing and
transporting the remains to the home or official
station of the employee, or such other place
appropriate for interment as is determined by
the head of the agency concerned, if death
occurred while the employee was in a travel
status away from his official station in the
United States or while performing official
duties outside the United States or in transit
thereto or therefrom; and
(2) the expense of transporting his
dependents, including expenses of packing,
crating, draying, and transporting household
effects and other personal property to his
former home or such other place as is determined
by the head of the agency concerned, if death
occurred while the employee was performing
official duties outside the United States or in
transit thereto or therefrom. (Sept. 6, 1966,
Pub. L. 89-554, 80 Stat. 507.)
[[Page 625]]
Chapter 73.--SUITABILITY, SECURITY, AND CONDUCT
Subchapter II.--Employment Limitations
434
434 Sec. 7311. Loyalty and striking.
An individual may not accept or hold a position in the
Government of the United States or the government of the
District of Columbia if he--
(1) advocates the overthrow of our
constitutional form of government;
(2) is a member of an organization that he
knows advocates the overthrow of our
constitutional form of government;
(3) participates in a strike, or asserts the
right to strike, against the Government of the
United States or the government of the District
of Columbia; or
(4) is a member of an organization of
employees of the Government of the United States
or of individuals employed by the government of
the District of Columbia that he knows asserts
the right to strike against the Government of
the United States or the government of the
District of Columbia. (Sept. 6, 1966, Pub. L.
89-554, 80 Stat. 524.)
Subchapter IV.--Foreign Gifts and Decorations
434.5
434.5 Sec. 7342. Receipt and disposition of foreign gifts and
decorations.
(a) For the purpose of this section--
(1) ``employee'' means--
(A) an employee as defined by section
2105 of this title and an officer or
employee of the United States Postal Service
or of the Postal Rate Commission;
(B) an expert or consultant who is under
contract under section 3109 of this title
with the United States or any agency,
department, or establishment thereof,
including, in the case of an organization
performing services under such section, any
individual involved in the performance of
such services;
(C) an individual employed by, or
occupying an office or position in, the
government of a territory or possession of
the United States or the government of the
District of Columbia;
(D) a member of a uniformed service;
(E) the President and the Vice
President;
(F) a Member of Congress as defined by
section 2106 of this title (except the Vice
President) and any Delegate to the Congress;
and
(G) the spouse of an individual
described in subparagraphs (A) through (F)
(unless such individual and his or her
spouse are separated) or a dependent (within
the meaning of section 152 of the Internal
Revenue Code of 1986) of such an individual,
other than a spouse or dependent who is an
employee under subparagraphs (A) through
(F);
(2) ``foreign government'' means--
(A) any unit of foreign governmental
authority, including any foreign national,
State, local, and municipal government;
[[Page 626]]
(B) any international or multinational
organization whose membership is composed of
any unit of foreign government described in
subparagraph (A); and
(C) any agent or representative of any
such unit or such organization, while acting
as such;
(3) ``gift'' means a tangible or intangible
present (other than a decoration) tendered by,
or received from, a foreign government;
(4) ``decoration'' means an order, device,
medal, badge, insignia, emblem, or award
tendered by, or received from, a foreign
government;
(5) ``minimal value'' means a retail value
in the United States at the time of acceptance
of $100 or less, except that--
(A) on January 1, 1981, and at 3-year
intervals thereafter, ``minimal value''
shall be redefined in regulations prescribed
by the Administrator of General Services, in
consultation with the Secretary of State, to
reflect changes in the consumer price index
for the immediately preceding 3-year period;
and
(B) regulations of an employing agency
may define ``minimal value'' for its
employees to be less than the value
established under this paragraph; and
(6) ``employing agency'' means--
(A) the Committee on Standards of
Official Conduct of the House of
Representatives, for Members and employees
of the House of Representatives, except that
those responsibilities specified in
subsections (c)(2)(A), (e)(1), and (g)(2)(B)
shall be carried out by the Clerk of the
House;
(B) the Select Committee on Ethics of
the Senate, for Senators and employees of
the Senate, except that those
responsibilities (other than
responsibilities involving approval of the
employing agency) specified in subsections
(c)(2), (d), and (g)(2)(B) shall be carried
out by the Secretary of the Senate;
(C) the Administrative Office of the
United States Courts, for judges and
judicial branch employees; and
(D) the department, agency, office, or
other entity in which an employee is
employed, for other legislative branch
employees and for all executive branch
employees.
(b) An employee may not--
(1) request or otherwise encourage the
tender of a gift or decoration; or
(2) accept a gift or decoration, other than
in accordance with the provisions of subsections
(c) and (d).
(c)(1) The Congress consents to--
(A) the accepting and retaining by an
employee of a gift of minimal value tendered and
received as a souvenir or mark of courtesy; and
(B) the accepting by an employee of a gift
of more than minimal value when such gift is in
the nature of an educational scholarship or
medical treatment or when it appears that to
refuse the gift would likely cause offense or
embarrassment or otherwise adversely affect the
foreign relations of the United States, except
that--
(i) a tangible gift of more than minimal
value is deemed to have been accepted on
behalf of the United States and, upon
acceptance, shall become the property of the
United States; and
[[Page 627]]
(ii) an employee may accept gifts of
travel or expenses for travel taking place
entirely outside the United States (such as
transportation, food, and lodging) of more
than minimal value if such acceptance is
appropriate, consistent with the interests
of the United States, and permitted by the
employing agency and any regulations which
may be prescribed by the employing agency.
(2) Within 60 days after accepting a tangible gift of
more than minimal value (other than a gift described in
paragraph (1)(B)(ii)), an employee shall--
(A) deposit the gift for disposal with his
or her employing agency; or
(B) subject to the approval of the employing
agency, deposit the gift with that agency for
official use.
Within 30 days after terminating the official use of a gift
under subparagraph (B), the employing agency shall forward
the gift to the Administrator of General Services in
accordance with subsection (e)(1) or provide for its
disposal in accordance with subsection (e)(2).
(3) When an employee deposits a gift of more than
minimal value for disposal or for official use pursuant to
paragraph (2), or within 30 days after accepting travel or
travel expenses as provided in paragraph (1)(B)(ii) unless
such travel or travel expenses are accepted in accordance
with specific instructions of his or her employing agency,
the employee shall file a statement with his or her
employing agency or its delegate containing the information
prescribed in subsection (f) for that gift.
(d) The Congress consents to the accepting, retaining,
and wearing by an employee of a decoration tendered in
recognition of active field service in time of combat
operations or awarded for other outstanding or unusually
meritorious performance, subject to the approval of the
employing agency of such employee. Without this approval,
the decoration is deemed to have been accepted on behalf of
the United States, shall become the property of the United
States, and shall be deposited by the employee, within sixty
days of acceptance, with the employing agency for official
use, for forwarding to the Administrator of General Services
for disposal in accordance with subsection (e)(1), or for
disposal in accordance with subsection (e)(2).
(e)(1) Except as provided in paragraph (2), gifts and
decorations that have been deposited with an employing
agency for disposal shall be (A) returned to the donor, or
(B) forwarded to the Administrator of General Services for
transfer, donation, or other disposal in accordance with the
provisions of the Federal Property and Administrative
Services Act of 1949. However, no gift or decoration that
has been deposited for disposal may be sold without the
approval of the Secretary of State, upon a determination
that the sale will not adversely affect the foreign
relations of the United States. Gifts and decorations may be
sold by negotiated sale.
(2) Gifts and decorations received by a Senator or an
employee of the Senate that are deposited with the Secretary
of the Senate for disposal, or are deposited for an official
use which has terminated, shall be disposed of by the
Commission on Arts and Antiquities of the United States
Senate. Any such gift or decoration may be returned by the
Commission to the donor or may be transferred or donated by
the Com
[[Page 628]]
mission, subject to such terms and conditions as it may
prescribe, (A) to an agency or instrumentality of (i) the
United States, (ii) a State, territory, or possession of the
United States, or a political subdivision of the foregoing,
or (iii) the District of Columbia, or (B) to an organization
described in section 501(c)(3) of the Internal Revenue Code
of 1986 which is exempt from taxation under section 501(a)
of such Code. Any such gift or decoration not disposed of as
provided in the preceding sentence shall be forwarded to the
Administrator of General Services for disposal in accordance
with paragraph (1). If the Administrator does not dispose of
such gift or decoration within one year, he shall, at the
request of the Commission, return it to the Commission and
the Commission may dispose of such gift or decoration in
such manner as it considers proper, except that such gift or
decoration may be sold only with the approval of the
Secretary of State upon a determination that the sale will
not adversely affect the foreign relations of the United
States.
(f)(1) Not later than January 31 of each year, each
employing agency or its delegate shall compile a listing of
all statements filed during the preceding year by the
employees of that agency pursuant to subsection (c)(3) and
shall transmit such listing to the Secretary of State who
shall publish a comprehensive listing of all such statements
in the Federal Register.
(2) Such listings shall include for each tangible gift
reported--
(A) the name and position of the employee;
(B) a brief description of the gift and the
circumstances justifying acceptance;
(C) the identity, if known, of the foreign
government and the name and position of the
individual who presented the gift;
(D) the date of acceptance of the gift;
(E) the estimated value in the United States
of the gift at the time of acceptance; and
(F) disposition or current location of the
gift.
(3) Such listings shall include for each gift of travel
or travel expenses--
(A) the name and position of the employee;
(B) a brief description of the gift and the
circumstances justifying acceptance; and
(C) the identity, if known, of the foreign
government and the name and position of the
individual who presented the gift.
(4) In transmitting such listings for the Central
Intelligence Agency, the Director of Central Intelligence
may delete the information described in subparagraphs (A)
and (C) of paragraphs (2) and (3) if the Director certifies
in writing to the Secretary of State that the publication of
such information could adversely affect United States
intelligence sources.
(g)(1) Each employing agency shall prescribe such
regulations as may be necessary to carry out the purpose of
this section. For all employing agencies in the executive
branch, such regulations shall be prescribed pursuant to
guidance provided by the Secretary of State. These
regulations shall be implemented by each employing agency
for its employees.
(2) Each employing agency shall--
(A) report to the Attorney General cases in
which there is reason to believe that an
employee has violated this section;
[[Page 629]]
(B) establish a procedure for obtaining an
appraisal; when necessary, of the value of
gifts; and
(C) take any other actions necessary to
carry out the purpose of this section.
(h) The Attorney General may bring a civil action in any
district court of the United States against any employee who
knowingly solicits or accepts a gift from a foreign
government not consented to by this section or who fails to
deposit or report such gift as required by this section. The
court in which such action is brought may assess a penalty
against such employee in any amount not to exceed the retail
value of the gift improperly solicited or received plus
$5,000.
(i) The President shall direct all Chiefs of a United
States Diplomatic Mission to inform their host governments
that it is a general policy of the United States Government
to prohibit United States Government employees from
receiving gifts or decorations of more than minimal value.
(j) Nothing in this section shall be construed to
derogate any regulation prescribed by any employing agency
which provides for more stringent limitations on the receipt
of gifts and decorations by its employees.
(k) The provisions of this section do not apply to
grants and other forms of assistance to which section 108A
of the Mutual Educational and Cultural Exchange Act of 1961
applies. (Sept. 11, 1967, Pub. L. 90-83, Sec. 1(45)(C), 81
Stat. 208; Aug. 17, 1977, Pub. L. 95-105, Sec. 515, 91 Stat.
862; Oct. 7, 1978, Pub. L. 95-426, Sec. 712(a)-(c), 92 Stat.
994; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
Chapter 81.--COMPENSATION FOR WORK INJURIES
434.6
434.6 Secs. 8101--8162.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to compensation for work injuries sustained by employees of
the Congress, reference only is made here to those
provisions. See sections 8101 of title 5, United States
Code.
Chapters 83 and 84.--RETIREMENT
435
435 Secs. 8331-8351, Secs. 8041-8479, and sections 201-208 of
the Federal Employees' Retirement Contribution Temporary
Adjustment Act of 1983.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to retirement benefits of Members and employees of Congress,
reference only is made here to those provisions. See
subchapter III of chapter 83 of title 5, United States Code,
and chapter 84 of such title (as added by the Federal
Employees' Retirement System Act of 1986; Pub. L. 99-335,
100 Stat. 514).
Chapter 87.--LIFE INSURANCE
436
436 Secs. 8701-8716.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to group life insurance for Members and employees of
Congress, reference only is made here to those provisions.
See sections 8701-8716 of title 5, United States Code.
[[Page 630]]
Chapter 89.--HEALTH INSURANCE
437
437 Secs. 8901-8914.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to health benefits of Members and employees of Congress,
reference only is made here to those provisions. See
sections 8901-8914 of title 5, United States Code.
APPENDIX 2
438
438 Federal Advisory Committee Act
(Oct. 6, 1972, Pub. L. 92-463, 86 Stat. 770; Sept. 13, 1976,
Pub. L. 94-409, Sec. 5(c), 90 Stat. 1247; Dec. 12, 1980,
Pub. L. 96-523, Sec. 2, 94 Stat. 3040; Dec. 21, 1982, Pub.
L. 97-375, Sec. 201(c), 96 Stat. 1822; 1977 Reorg. Plan No.
1, Sec. 5F, Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634).
definitions
Sec. 3. For the purpose of this Act--
(1) The term ``Administrator'' means the
Administrator of General Services.
(2) The term ``advisory committee'' means
any committee, board, commission, council,
conference, panel, task force, or other similar
group, or any subcommittee or other subgroup
thereof (hereafter in this paragraph referred to
as ``committee''), which is--
(A) established by statute or
reorganization plan, or
(B) established or utilized by the
President, or
(C) established or utilized by one or
more agencies,
in the interest of obtaining advice or
recommendations for the President or one or more
agencies or officers of the Federal Government,
except that such term excludes (i) any committee
that is composed wholly of full-time, or permanent
part-time, officers or employees of the Federal
Government, and (ii) any committee that is created
by the National Academy of Sciences or the National
Academy of Public Administration.
(3) The term ``agency'' has the same meaning
as in section 551(1) of title 5, United States
Code.
(4) The term ``Presidential advisory
committee'' means an advisory committee which
advises the President.
applicability
Sec. 4. (a) The provisions of this Act or of any rule,
order, or regulation promulgated under this Act shall apply
to each advisory committee except to the extent that any Act
of Congress establishing any such advisory committee
specifically provides otherwise.
(b) Nothing in this Act shall be construed to apply to
any advisory committee established or utilized by--
(1) the Central Intelligence Agency; or
(2) the Federal Reserve System.
(c) Nothing in this Act shall be construed to apply to
any local civic group whose primary function is that of
rendering a public service with respect to a Federal
program, or any State or local committee, council, board,
commission, or similar group established to advise or make
recommendations to State or local officials or agencies.
[[Page 631]]
responsibilities of congressional committees
Sec. 5. (a) In the exercise of its legislative review
functions, each standing committee of the Senate and the
House of Representatives shall make a continuing review of
the activities of each advisory committee under its
jurisdiction to determine whether such advisory committee
should be abolished or merged with any other advisory
committee, whether the responsibilities of such advisory
committee should be revised, and whether such advisory
committee performs a necessary function not already being
performed. Each such standing committee shall take
appropriate action to obtain the enactment of legislation
necessary to carry out the purpose of this subsection.
(b) In considering legislation establishing, or
authorizing the establishment of any advisory committee,
each standing committee of the Senate and of the House of
Representatives shall determine, and report such
determination to the Senate or to the House of
Representatives, as the case may be, whether the functions
of the proposed advisory committee are being or could be
performed by one or more agencies or by an advisory
committee already in existence, or by enlarging the mandate
of an existing advisory committee. Any such legislation
shall--
(1) contain a clearly defined purpose for
the advisory committee;
(2) require the membership of the advisory
committee to be fairly balanced in terms of the
points of view represented and the functions to
be performed by the advisory committee;
(3) contain appropriate provisions to assure
that the advice and recommendations of the
advisory committee will not be inappropriately
influenced by the appointing authority or by any
special interest, but will instead be the result
of the advisory committee's independent
judgement;
(4) contain provisions dealing with
authorization of appropriations, the date for
submission of reports (if any), the duration of
the advisory committee, and the publication of
reports and other materials, to the extent that
the standing committee determines the provisions
of section 10 of this Act to be inadequate; and
(5) contain provisions which will assure
that the advisory committee will have adequate
staff (either supplied by an agency or employed
by it), will be provided adequate quarters, and
will have funds available to meet its other
necessary expenses.
(c) To the extent they are applicable, the guidelines
set out in subsection (b) of this section shall be followed
by the President, agency heads, or other Federal officials
in creating an advisory committee.
* * * * * * *
establishment and purpose of advisory committees
Sec. 9. (a) No advisory committee shall be established
unless such establishment is--
(1) specifically authorized by statute or by
the President; or
(2) determined as a matter of formal record,
by the head of the agency involved after
consultation with the Administrator, with timely
notice published in the Federal Register, to be
in the public interest in connection with the
performance of duties imposed on that agency by
law.
(b) Unless otherwise specifically provided by statute or
Presidential directive, advisory committees shall be
utilized solely for advisory func
[[Page 632]]
tions. Determinations of action to be taken and policy to be
expressed with respect to matters upon which an advisory
committee reports or makes recommendations shall be made
solely by the President or an officer of the Federal
Government.
(c) No advisory committee shall meet or take any action
until an advisory committee charter has been filed with (1)
the Administrator, in the case of Presidential advisory
committees, or (2) with the head of the agency to whom any
advisory committee reports and with the standing committees
of the Senate and of the House of Representatives having
legislative jurisdiction of such agency. Such charter shall
contain the following information:
(A) the committee's official designation;
(B) the committee's objectives and the scope
of its activity;
(C) the period of time necessary for the
committee to carry out its purposes;
(D) the agency or official to whom the
committee reports;
(E) the agency responsible for providing the
necessary support for the committee;
(F) a description of the duties for which
the committee is responsible, and, if such
duties are not solely advisory, a specification
of the authority for such functions;
(G) the estimated annual operating costs in
dollars and man-years for such committee;
(H) the estimated number and frequency of
committee meetings;
(I) the committee's termination date, if
less than two years from the date of the
committee's establishment; and
(J) the date the charter is filed.
A copy of any such charter shall also be furnished to the
Library of Congress.
* * * * * * *
(Oct. 6, 1972, Pub. L. 92-463, 86 Stat. 770; 1997 Reorg.
Plan No. 1 Sec. 5F; 91 Stat. 1634.)
APPENDIX 4
439
439 Financial Disclosure Requirements of Federal Personnel
439.1
439.1 Sec. 101. Persons required to file.
(a) Within thirty days of assuming the position of an
officer or employee described in subsection (f), an
individual shall file a report containing the information
described in section 102(b) unless the individual has left
another position described in subsection (f) within thirty
days prior to assuming such new position or has already
filed a report under this title with respect to nomination
for the new position or as a candidate for the position.
(b)(1) Within five days of the transmittal by the
President to the Senate of the nomination of an individual
(other than an individual nominated for appointment to a
position as a Foreign Service Officer or a grade or rank in
the uniformed services for which the pay grade prescribed by
section 201 of title 37, United States Code, is O-6 or
below) to a position, appointment to which requires the
advice and consent of the Senate, such individual shall file
a report containing the information described in section
102(b). Such individual shall, not later than the date of
the first hearing to consider the nomination
[[Page 633]]
of such individual, make current the report filed pursuant
to this paragraph by filing the information required by
section 102(a)(1)(A) with respect to income and honoraria
received as of the date which occurs five days before the
date of such hearing. Nothing in this Act shall prevent any
congressional committee from requesting, as a condition of
confirmation, any additional financial information from any
Presidential nominee whose nomination has been referred to
that committee.
(2) An individual whom the President or the President-
elect has publicly announced he intends to nominate to a
position may file the report required by paragraph (1) at
any time after that public announcement, but not later than
is required under the first sentence of such paragraph.
(c) Within thirty days of becoming a candidate as
defined in section 301 of the Federal Campaign Act of 1971,
in a calendar year for nomination or election to the office
of President, Vice President, or Member of Congress, or on
or before May 15 of that calendar year, whichever is later,
but in no event later than 30 days before the election, and
on or before May 15 of each successive year an individual
continues to be a candidate, an individual other than an
incumbent President, Vice President, or Member of Congress
shall file a report containing the information described in
section 102(b). Notwithstanding the preceding sentence, in
any calendar year in which an individual continues to be a
candidate for any office but all elections for such office
relating to such candidacy were held in prior calendar
years, such individual need not file a report unless he
becomes a candidate for another vacancy in that office or
another office during that year.
(d) Any individual who is an officer or employee
described in subsection (f) during any calendar year and
performs the duties of his position or office for a period
in excess of sixty days in that calendar year shall file on
or before May 15 of the succeeding year a report containing
the information described in section 102(a).
(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day after
termination of employment in such position, file a report
containing the information described in section 102(a)
covering the preceding calendar year if the report required
by subsection (d) has not been filed and covering the
portion of the calendar year in which such termination
occurs up to the date the individual left such office or
position, unless such individual has accepted employment in
another position described in subsection (f).
(f) The officers and employees referred to in
subsections (a), (d), and (e) are--
(1) the President;
(2) the Vice President;
(3) each officer or employee in the
executive branch, including a special Government
employee as defined in section 202 of title 18,
United States Code, who occupies a position
classified above GS-15 of the General Schedule
or, in the case of positions not under the
General Schedule, for which the rate of basic
pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15
of the General Schedule; each member of a
uniformed service whose pay grade is at or in
excess of O-7 under section 201 of title 37,
United States Code; and each officer or employee
in any other position determined by the Director
of the Office of Government Ethics to be of
equal classification;
[[Page 634]]
(4) each employee appointed pursuant to
section 3105 of title 5, United States Code;
(5) any employee not described in paragraph
(3) who is in a position in the executive branch
which is excepted from the competitive service
by reason of being of a confidential or
policymaking character, except that the Director
of the Office of Government Ethics may, by
regulation, exclude from the application of this
paragraph any individual, or group of
individuals, who are in such positions, but only
in cases in which the Director determines such
exclusion would not affect adversely the
integrity of the Government or the public's
confidence in the integrity of the Government;
(6) the Postmaster General, the Deputy
Postmaster General, each Governor of the Board
of Governors of the United States Postal Service
and each officer or employee of the United
States Postal Service or Postal Rate Commission
who occupies a position for which the rate of
basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable
for GS-15 of the General Schedule;
(7) the Director of the Office of Government
Ethics and each designated agency ethics
official;
(8) any civilian employee not described in
paragraph (3), employed in the Executive Office
of the President (other than a special
government employee) who holds a commission of
appointment from the President;
(9) a Member of Congress as defined under
section 109(12);
(10) an officer or employee of the Congress
as defined under section 109(13);
(11) a judicial officer as defined under
section 109(10); and
(12) a judicial employee as defined under
section 109(8).
(g)(1) Reasonable extensions of time for filing any
report may be granted under procedures prescribed by the
supervising ethics office for each branch, but the total of
such extensions shall not exceed ninety days.
(2)(A) In the case of an individual who is serving in
the Armed Forces, or serving in support of the Armed Forces,
in an area while that area is designated by the President by
Executive order as a combat zone for purposes of section 112
of the Internal Revenue Code of 1986, the date for the
filing of any report shall be extended so that the date is
180 days after the later of--
(i) the last day of the individual's service
in such area during such designated period; or
(ii) the last day of the individual's
hospitalization as a result of injury received
or disease contracted while serving in such
area.
(B) The Office of Government Ethics, in consultation
with the Secretary of Defense, may prescribe procedures
under this paragraph.
(h) The provisions of subsections (a), (b), and (e)
shall not apply to an individual who, as determined by the
designated agency ethics official or Secretary concerned (or
in the case of a Presidential appointee under subsection
(b), the Director of the Office of Government Ethics), the
congressional ethics committees, or the Judicial Conference,
is not reasonably expected to perform the duties of his
office or position for more than sixty days in a calendar
year, except that if such individual performs the duties of
his office or position for more than sixty days in a
calendar year--
[[Page 635]]
(1) the report required by subsections (a)
and (b) shall be filed within fifteen days of
the sixtieth day, and
(2) the report required by subsection (e)
shall be filed as provided in such subsection.
(i) The supervising ethics office for each branch may
grant a publicly available request for a waiver of any
reporting requirement under this section for an individual
who is expected to perform or has performed the duties of
his office or position less than one hundred and thirty days
in a calendar year, but only if the supervising ethics
office determines that--
(1) such individual is not a full-time
employee of the Government,
(2) such individual is able to provide
services specially needed by the Government,
(3) it is unlikely that the individual's
outside employment or financial interests will
create a conflict of interest, and
(4) public financial disclosure by such
individual is not necessary in the
circumstances.
(Pub. L. 95-521, Title I, Sec. 101, Oct. 26, 1978, 92 Stat.
1824; Pub. L. 96-19, Secs. 2(a)(1), (b), (c)(1), 4(b)(1),
(d)-(f), 5, June 13, 1979, 93 Stat. 37, 38, 40; Pub. L. 101-
194, Title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1725; Pub.
L. 101-280, Sec. 3(1), (2), May 4, 1990, 104 Stat. 152; Pub.
L. 102-25, Title VI, Sec. 605(a), Apr. 6, 1991, 105 Stat.
110; Pub. L. 102-378, Sec. 4(a)(1), Oct. 2, 1992, 106 Stat.
1356.)
439.2
439.2 Sec. 102. Contents of reports.
(a) Each report filed pursuant to section 101 (d) and
(e) shall include a full and complete statement with respect
to the following:
(1)(A) The source, type, and amount or value
of income (other than income referred to in
subparagraph (B)) from any source (other than
from current employment by the United States
Government), and the source, date, and amount of
honoraria from any source, received during the
preceding calendar year, aggregating $200 or
more in value and, effective January 1, 1991,
the source, date, and amount of payments made to
charitable organizations in lieu of honoraria,
and the reporting individual shall
simultaneously file with the applicable
supervising ethics office, on a confidential
basis, a corresponding list of recipients of all
such payments, together with the dates and
amounts of such payments.
(B) The source and type of income which
consists of dividends, rents, interest, and
capital gains, received during the preceding
calendar year which exceeds $200 in amount or
value, and an indication of which of the
following categories the amount or value of such
item of income is within:
(i) not more than $1,000,
(ii) greater than $1,000 but not more
than $2,500,
(iii) greater than $2,500 but not more
than $5,000,
(iv) greater than $5,000 but not more
than $15,000,
(v) greater than $15,000 but not more
than $50,000,
(vi) greater than $50,000 but not more
than $100,000,
(vii) greater than $100,000 but not more
than $1,000,000,
(viii) greater than $1,000,000 but not
more than $5,000,000, or
(ix) greater than $5,000,000.
[[Page 636]]
(2)(A) The identity of the source, a brief
description, and the value of all gifts
aggregating more than the minimal value as
established by section 7342(a)(5) of title 5,
United States Code, or $250, whichever is
greater, received from any source other than a
relative of the reporting individual during the
preceding calendar year, except that any food,
lodging, or entertainment received as personal
hospitality of an individual need not be
reported, and any gift with a fair market value
of $100 or less, as adjusted at the same time
and by the same percentage as the minimal value
is adjusted, need not be aggregated for purposes
of this subparagraph.
(B) The identity of the source and a brief
description (including a travel itinerary,
dates, and nature of expenses provided) of
reimbursements received from any source
aggregating more than the minimal value as
established by section 7342(a)(5) of title 5,
United States Code, or $250, whichever is
greater and received during the preceding
calendar year.
(C) In an unusual case, a gift need not be
aggregated under subparagraph (A) if a publicly
available request for a waiver is granted.
(3) The identity and category of value of
any interest in property held during the
preceding calendar year in a trade or business,
or for investment or the production of income,
which has a fair market value which exceeds
$1,000 as of the close of the preceding calendar
year, excluding any personal liability owed to
the reporting individual by a spouse, or by a
parent, brother, sister, or child of the
reporting individual or of the reporting
individual's spouse, or any deposits aggregating
$5,000 or less in a personal savings account.
For purposes of this paragraph, a personal
savings account shall include any certificate of
deposit or any other form of deposit in a bank,
savings and loan association, credit union, or
similar financial institution.
(4) The identity and category of value of
the total liabilities owed to any creditor other
than a spouse, or a parent, brother, sister, or
child of the reporting individual or of the
reporting individual's spouse which exceed
$10,000 at any time during the preceding
calendar year, excluding--
(A) any mortgage secured by real
property which is a personal residence of
the reporting individual or his spouse; and
(B) any loan secured by a personal motor
vehicle, household furniture, or appliances,
which loan does not exceed the purchase
price of the item which secures it.
With respect to revolving charge accounts, only
those with an outstanding liability which exceeds
$10,000 as of the close of the preceding calendar
year need be reported under this paragraph.
(5) Except as provided in this paragraph, a
brief description, the date, and category of
value of any purchase, sale or exchange during
the preceding calendar year which exceeds
$1,000--
(A) in real property, other than
property used solely as a personal residence
of the reporting individual or his spouse;
or
(B) in stocks, bonds, commodities
futures, and other forms of securities.
[[Page 637]]
Reporting is not required under this paragraph of
any transaction solely by and between the reporting
individual, his spouse, or dependent children.
(6)(A) The identity of all positions held on
or before the date of filing during the current
calendar year (and, for the first report filed
by an individual, during the two-year period
preceding such calendar year) as an officer,
director, trustee, partner, proprietor,
representative, employee, or consultant of any
corporation, company, firm, partnership, or
other business enterprise, any nonprofit
organization, any labor organization, or any
educational or other institution other than the
United States. This subparagraph shall not
require the reporting of positions held in any
religious, social, fraternal, or political
entity and positions solely of an honorary
nature.
(B) If any person, other than the United
States Government, paid a nonelected reporting
individual compensation in excess of $5,000 in
any of the two calendar years prior to the
calendar year during which the individual files
his first report under this title, the
individual shall include in the report--
(i) the identity of each source of such
compensation; and
(ii) a brief description of the nature
of the duties performed or services rendered
by the reporting individual for each such
source.
The preceding sentence shall not require any
individual to include in such report any information
which is considered confidential as a result of a
privileged relationship, established by law, between
such individual and any person nor shall it require
an individual to report any information with respect
to any person for whom services were provided by any
firm or association of which such individual was a
member, partner, or employee unless such individual
was directly involved in the provision of such
services.
(7) A description of the date, parties to,
and terms of any agreement or arrangement with
respect to (A) future employment; (B) a leave of
absence during the period of the reporting
individual's Government service; (C)
continuation of payments by a former employer
other than the United States Government; and (D)
continuing participation in an employee welfare
or benefit plan maintained by a former employer.
(8) The category of the total cash value of
any interest of the reporting individual in a
qualified blind trust, unless the trust
instrument was executed prior to July 24, 1995
and precludes the beneficiary from receiving
information on the total cash value of any
interest in the qualified blind trust.
(b)(1) Each report filed pursuant to subsections (a),
(b), and (c) of section 101 shall include a full and
complete statement with respect to the information required
by--
(A) paragraph (1) of subsection (a) for the
year of filing and the preceding calendar year.
(B) paragraphs (3) and (4) of subsection (a)
as of the date specified in the report but which
is less than thirty-one days before the filing
date, and
(C) paragraphs (6) and (7) of subsection (a)
as of the filing date but for periods described
in such paragraphs.
[[Page 638]]
(2)(A) In lieu of filling out one or more schedules of a
financial disclosure form, an individual may supply the
required information in an alternative format, pursuant to
either rules adopted by the supervising ethics office for
the branch in which such individual serves or pursuant to a
specific written determination by such office for a
reporting individual.
(B) In lieu of indicating the category of amount or
value of any item contained in any report filed under this
title, a reporting individual may indicate the exact dollar
amount of such item.
(c) In the case of any individual described in section
101(e), any reference to the preceding calendar year shall
be considered also to include that part of the calendar year
of filing up to the date of the termination of employment.
(d)(1) The categories for reporting the amount or value
of the items covered in paragraphs (3), (4), and (5) of
subsection (a) are as follows:
(A) not more than $15,000;
(B) greater than $15,000 but not more than
$50,000;
(C) greater than $50,000 but not more than
$100,000;
(D) greater than $100,000 but not more than
$250,000;
(E) greater than $250,000 but not more than
$500,000;
(F) greater than $500,000 but not more than
$1,000,000;
(G) greater than $1,000,000 but not more
than $5,000,000;
(H) greater than $5,000,000 but not more
than $25,000,000;
(I) greater than $25,000,000 but not more
than $50,000,000; and
(J) greater than $50,000,000.
(2) For the purposes of paragraph (3) of subsection (a)
if the current value of an interest in real property (or an
interest in a real estate partnership) is not ascertainable
without an appraisal, an individual may list (A) the date of
purchase and the purchase price of the interest in the real
property, or (B) the assessed value of the real property for
tax purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is
computed at less than 100 percent of such market value, but
such individual shall include in his report a full and
complete description of the method used to determine such
assessed value, instead of specifying a category of value
pursuant to paragraph (1) of this subsection. If the current
value of any other item required to be reported under
paragraph (3) of subsection (a) is not ascertainable without
an appraisal, such individual may list the book value of a
corporation whose stock is not publicly traded, the net
worth of a business partnership, the equity value of an
individually owned business, or with respect to other
holdings, any recognized indication of value, but such
individual shall include in his report a full and complete
description of the method used in determining such value. In
lieu of any value referred to in the preceding sentence, an
individual may list the assessed value of the item for tax
purposes, adjusted to reflect the market value of the item
used for the assessment if the assessed value is computed at
less than 100 percent of such market value, but a full and
complete description of the method used in determining such
assessed value shall be included in the report.
(e)(1) Except as provided in the last sentence of this
paragraph, each report required by section 101 shall also
contain information listed in paragraphs (1) through (5) of
subsection (a) of this section respecting the spouse or
dependent child of the reporting individual as follows:
[[Page 639]]
(A) The source of items of earned income
earned by a spouse from any person which exceeds
$1,000 and the source and amount of any
honoraria received by a spouse, except that,
with respect to earned income (other than
honoraria), if the spouse is self-employed in
business or a profession, only the nature of
such business or profession need be reported.
(B) All information required to be reported
in subsection (a)(1)(B) with respect to income
derived by a spouse or dependent child from any
asset held by the spouse or dependent child and
reported pursuant to subsection (a)(3).
(C) In the case of any gifts received by a
spouse or dependent child which are not received
totally independent of the relationship of the
spouse or dependent child to the reporting
individual, the identity of the source and a
brief description of gifts of transportation,
lodging, food, or entertainment and a brief
description and the value of other gifts.
(D) In the case of any reimbursements
received by a spouse or dependent child which
are not received totally independent of the
relationship of the spouse or dependent child to
the reporting individual, the identity of the
source and a brief description of each such
reimbursement.
(E) In the case of items described in
paragraphs (3) through (5) of subsection (a),
all information required to be reported under
these paragraphs other than items (i) which the
reporting individual certifies represent the
spouse's or dependent child's sole financial
interest or responsibility and which the
reporting individual has no knowledge of, (ii)
which are not in any way, past or present,
derived from the income, assets, or activities
of the reporting individual, and (iii) from
which the reporting individual neither derives,
nor expects to derive, any financial or economic
benefit.
(F) For purposes of this section, categories
with amounts or values greater than $1,000,000
set forth in sections 102(a)(1)(B) and 102(d)(1)
shall apply to the income, assets, or
liabilities of spouses and dependent children
only if the income, assets, or liabilities are
held jointly with the reporting individual. All
other income, assets, or liabilities of the
spouse or dependent children required to be
reported under this section in an amount or
value greater than $1,000,000 shall be
categorized only as an amount or value greater
than $1,000,000.
Reports required by subsections (a), (b), and (c) of section
101 shall, with respect to the spouse and dependent child of
the reporting individual, only contain information listed in
paragraphs (1), (3), and (4) of subsection (a), as specified
in this paragraph.
(2) No report shall be required with respect to a spouse
living separate and apart from the reporting individual with
the intention of terminating the marriage or providing for
permanent separation; or with respect to any income or
obligations of an individual arising from the dissolution of
his marriage or the permanent separation from his spouse.
(f)(1) Except as provided in paragraph (2), each
reporting individual shall report the information required
to be reported pursuant to subsections (a), (b), and (c) of
this section with respect to the holdings of and the income
from a trust or other financial arrangement from which
income is received by, or with respect to which a beneficial
inter
[[Page 640]]
est in principal or income is held by, such individual, his
spouse, or any dependent child.
(2) A reporting individual need not report the holdings
of or the source of income from any of the holdings of--
(A) any qualified blind trust (as defined in
paragraph (3));
(B) a trust--
(i) which was not created directly by
such individual, his spouse, or any
dependent child, and
(ii) the holdings or sources of income
of which such individual, his spouse, and
any dependent child have no knowledge of; or
(C) an entity described under the provisions
of paragraph (8), but such individual shall
report the category of the amount of income
received by him, his spouse, or any dependent
child from the trust or other entity under
subsection (a)(1)(B) of this section.
(3) For purposes of this subsection, the term
``qualified blind trust'' includes any trust in which a
reporting individual, his spouse, or any minor or dependent
child has a beneficial interest in the principal or income,
and which meets the following requirements:
(A)(i) The trustee of the trust and any
other entity designated in the trust instrument
to perform fiduciary duties is a financial
institution, an attorney, a certified public
accountant, a broker, or an investment advisor
who--
(I) is independent of and not associated
with any interested party so that the
trustee or other person cannot be controlled
or influenced in the administration of the
trust by any interested party;
(II) is not and has not been an employee
of or affiliated with any interested party
and is not a partner of, or involved in any
joint venture or other investment with, any
interested party; and
(III) is not a relative of any
interested party.
(ii) Any officer or employee of a trustee or
other entity who is involved in the management
or control of the trust--
(I) is independent of and not associated
with any interested party so that such
officer or employee cannot be controlled or
influenced in the administration of the
trust by any interested party;
(II) is not a partner of, or involved in
any joint venture or other investment with,
any interested party; and
(III) is not a relative of any
interested party.
(B) Any asset transferred to the trust by an
interested party is free of any restriction with
respect to its transfer or sale unless such
restriction is expressly approved by the
supervising ethics office of the reporting
individual.
(C) The trust instrument which establishes
the trust provides that--
(i) except to the extent provided in
subparagraph (B) of this paragraph, the
trustee in the exercise of his authority and
discretion to manage and control the assets
of the trust shall not consult or notify any
interested party;
(ii) the trust shall not contain any
asset the holding of which by an interested
party is prohibited by any law or
regulation;
[[Page 641]]
(iii) the trustee shall promptly notify
the reporting individual and his supervising
ethics office when the holdings of any
particular asset transferred to the trust by
any interested party are disposed of or when
the value of such holding is less than
$1,000;
(iv) the trust tax return shall be
prepared by the trustee or his designee, and
such return and any information relating
thereto (other than the trust income
summarized in appropriate categories
necessary to complete an interested party's
tax return), shall not be disclosed to any
interested party;
(v) an interested party shall not
receive any report on the holdings and
sources of income of the trust, except a
report at the end of each calendar quarter
with respect to the total cash value of the
interest of the interested party in the
trust or the net income or loss of the trust
or any reports necessary to enable the
interested party to complete an individual
tax return required by law or to provide the
information required by subsection (a)(1) of
this section, but such report shall not
identify any asset or holding;
(vi) except for communications which
solely consist of requests for distributions
of cash or other unspecified assets of the
trust, there shall be no direct or indirect
communication between the trustee and an
interested party with respect to the trust
unless such communication is in writing and
unless it relates only (I) to the general
financial interest and needs of the
interested party (including, but not limited
to, an interest in maximizing income or
long-term capital gain), (II) to the
notification of the trustee of a law or
regulation subsequently applicable to the
reporting individual which prohibits the
interested party from holding an asset,
which notification directs that the asset
not be held by the trust, or (III) to
directions to the trustee to sell all of an
asset initially placed in the trust by an
interested party which in the determination
of the reporting individual creates a
conflict of interest or the appearance
thereof due to the subsequent assumption of
duties by the reporting individual (but
nothing herein shall require any such
direction); and
(vii) the interested parties shall make
no effort to obtain information with respect
to the holdings of the trust, including
obtaining a copy of any trust tax return
filed or any information relating thereto
except as otherwise provided in this
subsection.
(D) The proposed trust instrument and the
proposed trustee is approved by the reporting
individual's supervising ethics office.
(E) For purposes of this subsection,
``interested party'' means a reporting
individual, his spouse, and any minor or
dependent child; ``broker'' has the meaning set
forth in section 3(a)(4) of the Securities and
Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
``investment adviser'' includes any investment
adviser who, as determined under regulations
prescribed by the supervising ethics office, is
generally involved in his role as such an
adviser in the management or control of trusts.
(F) Any trust qualified by a supervising
ethics office before the effective date of title
II of the Ethics Reform Act of 1989 shall
continue to be governed by the law and
regulations in effect immediately before such
effective date.
[[Page 642]]
(4)(A) An asset placed in a trust by an interested party
shall be considered a financial interest of the reporting
individual, for the purposes of any applicable conflict of
interest statutes, regulations, or rules of the Federal
Government (including section 208 of title 18, United States
Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed
of, or has a value of less than $1,000.
(B)(i) The provisions of subparagraph (A) shall not
apply with respect to a trust created for the benefit of a
reporting individual, or the spouse, dependent child, or
minor child of such a person, if the supervising ethics
office for such reporting individual finds that--
(I) the assets placed in the trust consist
of a well-diversified portfolio of readily
marketable securities;
(II) none of the assets consist of
securities of entities having substantial
activities in the area of the reporting
individual's primary area of responsibility;
(III) the trust instrument prohibits the
trustee, notwithstanding the provisions of
paragraph (3)(C) (iii) and (iv) of this
subsection, from making public or informing any
interested party of the sale of any securities;
(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph
(3)(C)(v) of this subsection, to prepare on
behalf of any interested party the personal
income tax returns and similar returns which may
contain information relating to the trust; and
(V) except as otherwise provided in this
paragraph, the trust instrument provides (or in
the case of a trust established prior to the
effective date of this Act which by its terms
does not permit amendment, the trustee, the
reporting individual, and any other interested
party agree in writing) that the trust shall be
administered in accordance with the requirements
of this subsection and the trustee of such trust
meets the requirements of paragraph (3)(A).
(ii) In any instance covered by subparagraph (B) in
which the reporting individual is an individual whose
nomination is being considered by a congressional committee,
the reporting individual shall inform the congressional
committee considering his nomination before or during the
period of such individual's confirmation hearing of his
intention to comply with this paragraph.
(5)(A) The reporting individual shall, within thirty
days after a qualified blind trust is approved by his
supervising ethics office, file with such office a copy of--
(i) the executed trust instrument of such
trust (other than those provisions which relate
to the testamentary disposition of the trust
assets), and
(ii) a list of the assets which were
transferred to such trust, including the
category of value of each asset as determined
under subsection (d) of this section.
This subparagraph shall not apply with respect to a trust
meeting the requirements for being considered a qualified
blind trust under paragraph (7) of this subsection.
(B) The reporting individual shall, within thirty days
of transferring an asset (other than cash) to a previously
established qualified blind trust, notify his supervising
ethics office of the identity of each such
[[Page 643]]
asset and the category of value of each asset as determined
under subsection (d) of this section.
(C) Within thirty days of the dissolution of a qualified
blind trust, a reporting individual shall--
(i) notify his supervising ethics office of
such dissolution, and
(ii) file with such office a copy of a list
of the assets of the trust at the time of such
dissolution and the category of value under
subsection (d) of this section of each such
asset.
(D) Documents filed under subparagraphs (A), (B), and
(C) of this paragraph and the lists provided by the trustee
of assets placed in the trust by an interested party which
have been sold shall be made available to the public in the
same manner as a report is made available under section 105
and the provisions of that section shall apply with respect
to such documents and lists.
(E) A copy of each written communication with respect to
the trust under paragraph (3)(C)(vi) shall be filed by the
person initiating the communication with the reporting
individual's supervising ethics office within five days of
the date of the communication.
(6)(A) A trustee of a qualified blind trust shall not
knowingly and willfully, or negligently, (i) disclose any
information to an interested party with respect to such
trust that may not be disclosed under paragraph (3) of this
subsection; (ii) acquire any holding the ownership of which
is prohibited by the trust instrument; (iii) solicit advice
from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this
subsection or the trust agreement; or (iv) fail to file any
document required by this subsection.
(B) A reporting individual shall not knowingly and
willfully, or negligently, (i) solicit or receive any
information with respect to a qualified blind trust of which
he is an interested party that may not be disclosed under
paragraph (3)(C) of this subsection; or (ii) fail to file
any document required by this subsection.
(C)(i) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who knowingly and willfully violates the
provisions of subparagraph (A) or (B) of this paragraph. The
court in which such action is brought may assess against
such individual a civil penalty in any amount not to exceed
$10,000.
(ii) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who negligently violates the provisions of
subparagraph (A) or (B) of this paragraph. The court in
which such action is brought may assess against such
individual a civil penalty in any amount not to exceed
$5,000.
(7) Any trust may be considered to be a qualified blind
trust if--
(A) the trust instrument is amended to
comply with the requirements of paragraph (3)
or, in the case of a trust instrument which does
not by its terms permit amendment, the trustee,
the reporting individual, and any other
interested party agree in writing that the trust
shall be administered in accordance with the
requirements of this subsection and the trustee
of such trust meets the requirements of
paragraph (3)(A); except that in the case of any
interested party who is a dependent child, a
parent or guardian of such child may execute the
agreement referred to in this subparagraph;
(B) a copy of the trust instrument (except
testamentary provisions) and a copy of the
agreement referred to in subparagraph (A), and
[[Page 644]]
a list of the assets held by the trust at the
time of approval by the supervising ethics
office, including the category of value of each
asset as determined under subsection (d) of this
section, are filed with such office and made
available to the public as provided under
paragraph (5)(D) of this subsection; and
(C) the supervising ethics office determines
that approval of the trust arrangement as a
qualified blind trust is in the particular case
appropriate to assure compliance with applicable
laws and regulations.
(8) A reporting individual shall not be required to
report the financial interest held by a widely held
investment fund (whether such fund is a mutual fund,
regulated investment company, pension or deferred
compensation plan, or other investment fund), if--
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are widely
diversified; and
(B) the reporting individual neither
exercises control over nor has the ability to
exercise control over the financial interests
held by the fund.
(g) Political campaign funds, including campaign
receipts and expenditures, need not be included in any
report filed pursuant to this title.
(h) A report filed pursuant to subsection (a), (d), or
(e) of section 101 need not contain the information
described in subparagraphs (A), (B), and (C) of subsection
(a)(2) with respect to gifts and reimbursements received in
a period when the reporting individual was not an officer or
employee of the Federal Government.
(i) a reporting individual shall not be required under
this title to report--
(1) financial interests in or income derived
from--
(A) any retirement system under title 5,
United States Code (including the Thrift
Savings Plan under subchapter III of chapter
84 of such title); or
(B) any other retirement system
maintained by the United States for officers
or employees of the United States, including
the President, or for members of the
uniformed services; or
(2) benefits received under the Social
Security Act.
(Pub. L. 95-521, Title I, Sec. 102, Oct. 26, 1978, 92 Stat.
1825; Pub. L. 96-19, Secs. 3(a)(1), (b), 6(a), 7(a)-(d)(1),
(f), 9(b), (c)(1), (j), June 13, 1979, 93 Stat. 39-43; Pub.
L. 97-51, Sec. 130(b), Oct. 1, 1981, 95 Stat. 966; Pub. L.
98-150, Sec. 10, Nov. 11, 1983, 97 Stat. 962; Pub. L. 101-
194, Title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1727; Pub.
L. 101-280, Sec. 3(3), May 4, 1990, 104 Stat. 152; Pub. L.
102-90, Title III, Sec. 314(a), Aug. 14, 1991, 105 Stat.
469; Pub. L. 104-65, Secs. 20, 22(a), (b), Dec. 19, 1995,
109 Stat. 704, 705.)
439.3
439.3 Sec. 103. Filing of reports.
(a) Except as otherwise provided in this section, the
reports required under this title shall be filed by the
reporting individual with the designated agency ethics
official at the agency by which he is employed (or in the
case of an individual described in section 101(e), was
employed) or in which he will serve. The date any report is
received (and the date of receipt of any supplemental
report) shall be noted on such report by such official.
(b) The President, the Vice President, and independent
counsel and persons appointed by independent counsel under
chapter 40 of title 28,
[[Page 645]]
United States Code, shall file reports required under this
title with the Director of the Office of Government Ethics.
(c) Copies of the reports required to be filed under
this title by the Postmaster General, the Deputy Postmaster
General, the Governors of the Board of Governors of the
United States Postal Service, designated agency ethics
officials, employees described in section 105(a)(2) (A) or
(B), 106(a)(1) (A) or (B), or 107 (a)(1)(A) or (b)(1)(A)(i),
of title 3, United States Code, candidates for the office of
President or Vice President and officers and employees in
(and nominees to) offices or positions which require
confirmation by the Senate or by both Houses of Congress
other than individuals nominated to be judicial officers and
those referred to in subsection (f) shall be transmitted to
the Director of the Office of Government Ethics. The
Director shall forward a copy of the report of each nominee
to the congressional committee considering the nomination.
(d) Reports required to be filed under this title by the
Director of the Office of Government Ethics shall be filed
in the Office of Government Ethics and, immediately after
being filed, shall be made available to the public in
accordance with this title.
(e) Each individual identified in section 101(c) who is
a candidate for nomination or election to the Office of
President or Vice President shall file the reports required
by this title with the Federal Election Commission.
(f) Reports required of members of the uniformed
services shall be filed with the Secretary concerned.
(g) Each supervising ethics office shall develop and
make available forms for reporting the information required
by this title.
(h)(1) The reports required under this title shall be
filed by a reporting individual with--
(A)(i)(I) the Clerk of the House of
Representatives, in the case of a Representative
in Congress, a Delegate to Congress, the
Resident Commissioner from Puerto Rico, an
officer or employee of the Congress whose
compensation is disbursed by the Chief
Administrative Officer of the House of
Representatives, an officer or employee of the
Architect of the Capitol, the United States
Botanic Garden, the Congressional Budget Office,
the Government Printing Office, the Library of
Congress, or the Copyright Royalty Tribunal
(including any individual terminating service,
under section 101(e), in any office or position
referred to in this subclause), or an individual
described in section 101(c) who is a candidate
for nomination or election as a Representative
in Congress, a Delegate to Congress, or the
Resident Commissioner from Puerto Rico; and
(II) the Secretary of the Senate, in the
case of a Senator, an officer or employee of the
Congress whose compensation is disbursed by the
Secretary of the Senate, an officer or employee
of the General Accounting Office, the Office of
Technology Assessment, or the Office of the
Attending Physician (including any individual
terminating service, under section 101(e), in
any office or position referred to in this
subclause), or an individual described in
section 101(c) who is a candidate for nomination
or election as a Senator; and
(ii) in the case of an officer or employee
of the Congress as described under section
101(f)(10) who is employed by an agency or
[[Page 646]]
commission established in the legislative branch
after the date of the enactment of the Ethics
Reform Act of 1989--
(I) the Secretary of the Senate or the
Clerk of the House of Representatives, as
the case may be, as designated in the
statute establishing such agency or
commission; or
(II) if such statute does not designate
such committee, the Secretary of the Senate
for agencies and commissions established in
even numbered calendar years, and the Clerk
of the House of Representatives for agencies
and commissions established in odd numbered
calendar years; and
(B) the Judicial Conference with regard to a
judicial officer or employee described under
paragraphs (11) and (12) of section 101(f)
(including individuals terminating service in
such office or position under section 101(e) or
immediately preceding service in such office or
position).
(2) The date any report is received (and the date of
receipt of any supplemental report) shall be noted on such
report by such committee.
(i) A copy of each report filed under this title by a
Member or an individual who is a candidate for the office of
Member shall be sent by the Clerk of the House of
Representatives or Secretary of the Senate, as the case may
be, to the appropriate State officer designated under
section 316(a) of the Federal Election Campaign Act of 1971
of the State represented by the Member or in which the
individual is a candidate, as the case may be, within the
30-day period beginning on the day the report is filed with
the Clerk or Secretary.
(j)(1) A copy of each report filed under this title with
the Clerk of the House of Representatives shall be sent by
the Clerk to the Committee on Standards of Official Conduct
of the House of Representatives within the 7-day period
beginning on the day the report is filed.
(2) A copy of each report filed under this title with
the Secretary of the Senate shall be sent by the Secretary
to the Select Committee on Ethics of the Senate within the
7-day period beginning on the day the report is filed.
(k) In carrying out their responsibilities under this
title with respect to candidates for office, the Clerk of
the House of Representatives and the Secretary of the Senate
shall avail themselves of the assistance of the Federal
Election Commission. The Commission shall make available to
the Clerk and the Secretary on a regular basis a complete
list of names and addresses of all candidates registered
with the Commission, and shall cooperate and coordinate its
candidate information and notification program with the
Clerk and the Secretary to the greatest extent possible.
(Pub. L. 95-521, Title I, Sec. 103, Oct. 26, 1978, 92 Stat.
1831; Pub. L. 96-19, Secs. 4(b)(2), 9(a), June 13, 1979, 93
Stat. 40, 42; Pub. L. 101-194, Title II, Sec. 202, Nov. 30,
1989, 103 Stat. 1736; Pub. L. 101-280, Sec. 3(1), (4), May
4, 1990, 104 Stat. 152, 153; Pub. L. 102-90, Title III,
Sec. 313(1), Aug. 14, 1991, 105 Stat. 469; Pub. L. 104-186,
Title II, Sec. 216(1), Aug. 20, 1996, 110 Stat. 1747.)
439.4
439.4 Sec. 104. Failure to file or filing false reports.
(a) The Attorney General may bring a civil action in any
appropriate United States district court against any
individual who knowingly and willfully falsifies or who
knowingly and willfully fails to file or report any
information that such individual is required to report
pursuant to section 102. The court in which such action is
brought may assess
[[Page 647]]
against such individual a civil penalty in any amount, not
to exceed $10,000.
(b) The head of each agency, each Secretary concerned,
the Director of the Office of Government Ethics, each
congressional ethics committee, or the Judicial Conference,
as the case may be, shall refer to the Attorney General the
name of any individual which such official or committee has
reasonable cause to believe has willfully failed to file a
report or has willfully falsified or willfully failed to
file information required to be reported. Whenever the
Judicial Conference refers a name to the Attorney General
under this subsection, the Judicial Conference also shall
notify the judicial council of the circuit in which the
named individual serves of the referral.
(c) The President, the Vice President, the Secretary
concerned, the head of each agency, the Office of Personnel
Management, a congressional ethics committee, and the
Judicial Conference, may take any appropriate personnel or
other action in accordance with applicable law or regulation
against any individual failing to file a report or
falsifying or failing to report information required to be
reported.
(d)(1) Any individual who files a report required to be
filed under this title more than 30 days after the later
of--
(A) the date such report is required to be
filed pursuant to the provisions of this title
and the rules and regulations promulgated
thereunder; or
(B) if a filing extension is granted to such
individual under section 101(g), the last day of
the filing extension period,
shall, at the direction of and pursuant to regulations
issued by the supervising ethics office, pay a filing fee of
$200. All such fees shall be deposited in the miscellaneous
receipts of the Treasury. The authority under this paragraph
to direct the payment of a filing fee may be delegated by
the supervising ethics office in the executive branch to
other agencies in the executive branch.
(2) The supervising ethics office may waive the filing
fee under this subsection in extraordinary circumstances.
(Pub. L. 95-521, Title I, Sec. 104, Oct. 26, 1978, 92 Stat.
1832; Pub. L. 96-19, Sec. 8(a), June 13, 1979, 93 Stat. 41;
Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103
Stat. 1737; Pub. L. 101-280, Sec. 3(1), (5), May 4, 1990,
104 Stat. 152, 154; Pub. L. 101-650, Title IV, Sec. 405,
Dec. 1, 1990, 104 Stat. 5124.)
439.5
439.5 Sec. 105. Custody of and public access to reports.
(a) Each agency, each supervising ethics office in the
executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall make
available to the public, in accordance with subsection (b),
each report filed under this title with such agency or
office or with the Clerk or the Secretary of the Senate,
except that--
(1) this section does not require public
availability of a report filed by any individual
in the Central Intelligence Agency, the Defense
Intelligence Agency, the National Imagery and
Mapping Agency, or the National Security Agency,
or any individual engaged in intelligence
activities in any agency of the United States,
if the President finds or has found that, due to
the nature of the office or position occupied by
such individual, public disclosure of such
report would be revealing the identity of the
individual or other sensitive information,
compromise the national interest of the United
States; and such individuals may be authorized,
notwithstanding
[[Page 648]]
section 104(a), to file such additional reports
as are necessary to protect their identity from
public disclosure if the President first finds
or has found that such filing is necessary in
the national interest; and
(2) any report filed by an independent
counsel whose identity has not been disclosed by
the division of the court under chapter 40 of
title 28, United States Code, and any report
filed by any person appointed by that
independent counsel under such chapter, shall
not be made available to the public under this
title.
(b)(1) Except as provided in the second sentence of this
subsection, each agency, each supervising ethics office in
the executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall,
within thirty days after any report is received under this
title by such agency or office or by the Clerk or the
Secretary of the Senate, as the case may be, permit
inspection of such report by or furnish a copy of such
report to any person requesting such inspection or copy.
With respect to any report required to be filed by May 15 of
any year, such report shall be made available for public
inspection within 30 calendar days after May 15 of such year
or within 30 days of the date of filing of such a report for
which an extension is granted pursuant to section 101(g).
The agency, office, Clerk, or Secretary of the Senate, as
the case may be, may require a reasonable fee to be paid in
any amount which is found necessary to recover the cost of
reproduction or mailing of such report excluding any salary
of any employee involved in such reproduction or mailing. A
copy of such report may be furnished without charge or at a
reduced charge if it is determined that waiver or reduction
of the fee is in the public interest.
(3)(A) This section does not require the immediate and
unconditional availability of reports filed by an individual
described in section 109(8) or 109(10) of this Act if a
finding is made by the Judicial Conference, in consultation
with United States Marshall Service, that revealing personal
and sensitive information could endanger that individual.
(B) A report may be redacted pursuant to this paragraph
only--
(i) to the extent necessary to protect the
individual who filed the report; and
(ii) for as long as the danger to such
individual exists.
(C) The Administrative Office of the United States
Courts shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate an annual
report with respect to the operation of this paragraph
including--
(i) the total number of reports redacted
pursuant to this paragraph;
(ii) the total number of individuals whose
reports have been redacted pursuant to this
paragraph; and
(iii) the types of threats against
individuals whose reports are redacted, if
appropriate.
(D) The Judicial Conference, in consultation with the
Department of Justice, shall issue regulations setting forth
the circumstances under which redaction is appropriate under
this paragraph and the procedures for redaction.
(E) This paragraph shall expire on December 31, 2001,
and apply to filings through calendar year 2001.
[[Page 649]]
(2) Notwithstanding paragraph (1), a report may not be
made available under this section to any person nor may any
copy thereof be provided under this section to any person
except upon a written application by such person stating--
(A) that person's name, occupation and
address;
(B) the name and address of any other person
or organization on whose behalf the inspection
or copy is requested; and
(C) that such person is aware of the
prohibitions on the obtaining or use of the
report.
Any such application shall be made available to the public
throughout the period during which the report is made
available to the public.
(c)(1) It shall be unlawful for any person to obtain or
use a report--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than
by news and communications media for
dissemination to the general public;
(C) for determining or establishing the
credit rating of any individual; or
(D) for use, directly or indirectly, in the
solicitation of money for any political,
charitable, or other purpose.
(2) The Attorney General may bring a civil action
against any person who obtains or uses a report for any
purpose prohibited in paragraph (1) of this subsection. The
court in which such action is brought may assess against
such person a penalty in any amount not to exceed $10,000.
Such remedy shall be in addition to any other remedy
available under statutory or common law.
(d) Any report filed with or transmitted to an agency or
supervising ethics office or to the Clerk of the House of
Representatives or the Secretary of the Senate pursuant to
this title shall be retained by such agency or office or by
the Clerk or the Secretary of the Senate, as the case may
be. Such report shall be made available to the public for a
period of six years after receipt of the report. After such
six-year period the report shall be destroyed unless needed
in an ongoing investigation, except that in the case of an
individual who filed the report pursuant to section 101(b)
and was not subsequently confirmed by the Senate, or who
filed the report pursuant to section 101(c) and was not
subsequently elected, such report shall be destroyed one
year after the individual either is no longer under
consideration by the Senate or is no longer a candidate for
nomination or election to the Office of President, Vice
President, or as a Member of Congress, unless needed in an
ongoing investigation. (Pub. L. 95-521, Title I, Sec. 105,
Oct. 26, 1978, 92 Stat. 1833; Pub. L. 101-194, Title II,
Sec. 202, Nov. 30, 1989, 103 Stat. 1737; Pub. L. 101-280,
Sec. 3(6), May 4, 1990, 104 Stat. 154; Pub. L. 102-90, Title
III, Sec. 313(2), Aug. 14, 1991, 105 Stat. 469; Pub. L. 103-
359, Title V, Sec. 501(m), Oct. 14, 1994, 108 Stat. 3430;
Pub. L. 104-201, Div. A, Title XI, Sec. 1122(b)(2), Sept.
23, 1996, 110 Stat. 2687; Pub. L. 105-318, Sec. 7, Oct. 30,
1998, 112 Stat. 3011.)
439.6
439.6 Sec. 106. Review of reports.
(a)(1) Each designated agency ethics official or
Secretary concerned shall make provisions to ensure that
each report filed with him under this title is reviewed
within sixty days after the date of such filing, except that
the Director of the Office of Government Ethics shall review
only those reports required to be transmitted to him under
this title within sixty days after the date of transmittal.
[[Page 650]]
(2) Each congressional ethics committee and the Judicial
Conference shall make provisions to ensure that each report
filed under this title is reviewed within sixty days after
the date of such filing.
(b)(1) If after reviewing any report under subsection
(a), the Director of the Office of Government Ethics, the
Secretary concerned, the designated agency ethics official,
a person designated by the congressional ethics committee,
or a person designated by the Judicial Conference, as the
case may be, is of the opinion that on the basis of
information contained in such report the individual
submitting such report is in compliance with applicable laws
and regulations, he shall state such opinion on the report,
and shall sign such report.
(2) If the Director of the Office of Government Ethics,
the Secretary concerned, the designated agency ethics
official, a person designated by the congressional ethics
committee, or a person designated by the Judicial
Conference, after reviewing any report under subsection
(a)--
(A) believes additional information is
required to be submitted, he shall notify the
individual submitting such report what
additional information is required and the time
by which it must be submitted, or
(B) is of the opinion, on the basis of
information submitted, that the individual is
not in compliance with applicable laws and
regulations, he shall notify the individual,
afford a reasonable opportunity for a written or
oral response, and after consideration of such
response, reach an opinion as to whether or not,
on the basis of information submitted, the
individual is in compliance with such laws and
regulations.
(3) If the Director of the Office of Government Ethics,
the Secretary concerned, the designated agency ethics
official, a person designated by a congressional ethics
committee, or a person designated by the Judicial
Conference, reaches an opinion under paragraph (2)(B) that
an individual is not in compliance with applicable laws and
regulations, the official or committee shall notify the
individual of that opinion and, after an opportunity for
personal consultation (if practicable), determine and notify
the individual of which steps, if any, would in the opinion
of such official or committee be appropriate for assuring
compliance with such laws and regulations and the date by
which such steps should be taken. Such steps may include, as
appropriate--
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under section
208(b) of title 18, United States Code, or
(E) voluntary request for transfer,
reassignment, limitation of duties, or
resignation.
The use of any such steps shall be in accordance with such
rules or regulations as the supervising ethics office may
prescribe.
(4) If steps for assuring compliance with applicable
laws and regulations are not taken by the date set under
paragraph (3) by an individual in a position in the
executive branch (other than in the Foreign Service or the
uniformed services), appointment to which requires the
advice and consent of the Senate, the matter shall be
referred to the President for appropriate action.
[[Page 651]]
(5) If steps for assuring compliance with applicable
laws and regulations are not taken by the date set under
paragraph (3) by a member of the Foreign Service or the
uniformed services, the Secretary concerned shall take
appropriate action.
(6) If steps for assuring compliance with applicable
laws and regulations are not taken by the date set under
paragraph (3) by any other officer or employee, the matter
shall be referred to the head of the appropriate agency, the
congressional ethics committee, or the Judicial Conference,
for appropriate action; except that in the case of the
Postmaster General or Deputy Postmaster General, the
Director of the Office of Government Ethics shall recommend
to the Governors of the Board of Governors of the United
States Postal Service the action to be taken.
(7) Each supervising ethics office may render advisory
opinions interpreting this title within its respective
jurisdiction. Notwithstanding any other provision of law,
the individual to whom a public advisory opinion is rendered
in accordance with this paragraph, and any other individual
covered by this title who is involved in a fact situation
which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and
findings of such advisory opinion shall not, as a result of
such act, be subject to any penalty or sanction provided by
this title. (Pub. L. 95-521, Title I, Sec. 106, Oct. 26,
1978, 92 Stat. 1833; Pub. L. 101-194, Title II, Sec. 202,
Nov. 30, 1989, 103 Stat. 1739; Pub. L. 101-280, Sec. 3(1),
(7), May 4, 1990, 104 Stat. 152, 155.)
439.7
439.7 Sec. 107. Confidential reports and other additional
requirements.
(a)(1) Each supervising ethics office may require
officers and employees under its jurisdiction (including
special Government employees as defined in section 202 of
title 18, United States Code) to file confidential financial
disclosure reports, in such form as the supervising ethics
office may prescribe. The information required to be
reported under this subsection by the officers and employees
of any department or agency shall be set forth in rules or
regulations prescribed by the supervising ethics office, and
may be less extensive than otherwise required by this title,
or more extensive when determined by the supervising ethics
office to be necessary and appropriate in light of sections
202 through 209 of title 18, United States Code, regulations
promulgated thereunder, or the authorized activities of such
officers or employees. Any individual required to file a
report pursuant to section 101 shall not be required to file
a confidential report pursuant to this subsection, except
with respect to information which is more extensive than
information otherwise required by this title. Subsections
(a), (b), and (d) of section 105 shall not apply with
respect to any such report.
(2) Any information required to be provided by an
individual under this subsection shall be confidential and
shall not be disclosed to the public.
(3) Nothing in this subsection exempts any individual
otherwise covered by the requirement to file a public
financial disclosure report under this title from such
requirement.
(b) The provisions of this title requiring the reporting
of information shall supersede any general requirement under
any other provision of law or regulation with respect to the
reporting of information required for purposes of preventing
conflicts of interest or apparent conflicts of interest.
Such provisions of this title shall not supersede the
requirements of section 7342 of title 5, United States Code.
[[Page 652]]
(c) Nothing in this Act requiring reporting of
information shall be deemed to authorize the receipt of
income, gifts, or reimbursements; the holding of assets,
liabilities, or positions; or the participation in
transactions that are prohibited by law, Executive order,
rule, or regulation. (Pub. L. 95-521, Title I, Sec. 107,
Oct. 26, 1978, 92 Stat. 1834; Pub. L. 96-19, Sec. 9(d), (g),
June 13, 1979, 93 Stat. 42, 43; Pub. L. 101-194, Title II,
Sec. 202 Nov. 30, 1989, 103 Stat. 1740.)
439.8
439.8 Sec. 108. Authority of Comptroller General.
(a) The Comptroller General shall have access to
financial disclosure reports filed under this title for the
purposes of carrying out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly
thereafter, the Comptroller General shall conduct a study to
determine whether the provisions of this title are being
carried out effectively. (Pub. L. 95-521, Title I, Sec. 108,
Oct. 26, 1978, 92 Stat. 1835; Pub. L. 96-19, Sec. 9(t), June
13, 1979, 93 Stat. 44; Pub. L. 101-194, Title II, Sec. 202,
Nov. 30, 1989, 103 Stat. 1741.)
439.9
439.9 Sec. 109. Definitions.
For the purposes of this title, the term--
(1) ``congressional ethics committees''
means the Select Committee on Ethics of the
Senate and the Committee on Standards of
Official Conduct of the House of
Representatives;
(2) ``dependent child'' means, when used
with respect to any reporting individual, any
individual who is a son, daughter, stepson, or
stepdaughter and who--
(A) is unmarried and under age 21 and is
living in the household of such reporting
individual; or
(B) is a dependent of such reporting
individual within the meaning of section 152
of the Internal Revenue Code of 1986;
(3) ``designated agency ethics official''
means an officer or employee who is designated
to administer the provisions of this title
within an agency;
(4) ``executive branch'' includes each
Executive agency (as defined in section 105 of
title 5, United States Code), other than the
General Accounting Office, and any other entity
or administrative unit in the executive branch;
(5) ``gift'' means a payment, advance,
forbearance, rendering, or deposit of money, or
any thing of value, unless consideration of
equal or greater value is received by the donor,
but does not include--
(A) bequest and other forms of
inheritance;
(B) suitable mementos of a function
honoring the reporting individual;
(C) food, lodging, transportation, and
entertainment provided by a foreign
government within a foreign country or by
the United States Government, the District
of Columbia, or a State or local government
or political subdivision thereof;
(D) food and beverages which are not
consumed in connection with a gift of
overnight lodging;
(E) communications to the offices of a
reporting individual, including
subscriptions to newspapers and periodicals;
or
[[Page 653]]
(F) consumable products provided by
home-State businesses to the offices of a
reporting individual who is an elected
official, if those products are intended for
consumption by persons other than such
reporting individual;
(6) ``honoraria'' has the meaning given such
term in section 505 of this Act;
(7) ``income'' means all income from
whatever source derived, including but not
limited to the following items: compensation for
services, including fees, commissions, and
similar items; gross income derived from
business (and net income if the individual
elects to include it); gains derived from
dealings in property; interest; rents;
royalties; dividends; annuities; income from
life insurance and endowment contracts;
pensions; income from discharge of indebtedness;
distributive share of partnership income; and
income from an interest in an estate or trust;
(8) ``judicial employee'' means any employee
of the judicial branch of the Government, of the
United States Sentencing Commission, of the Tax
Court, of the Claims Court, of the Court of
Appeals for Veterans Claims, or of the United
States Court of Appeals for the Armed Forces,
who is not a judicial officer and who is
authorized to perform adjudicatory functions
with respect to proceedings in the judicial
branch, or who occupies a position for which the
rate of basic pay is equal to or greater than
120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(9) ``Judicial Conference'' means the
Judicial Conference of the United States;
(10) ``judicial officer'' means the Chief
Justice of the United States, the Associate
Justices of the Supreme Court, and the judges of
the United States courts of appeals, United
States district courts, including the district
courts in Guam, the Northern Mariana Islands,
and the Virgin Islands, Court of Appeals for the
Federal Circuit, Court of International Trade,
Tax Court, Claims Court, Court of Appeals for
Veterans Claims, United States Court of Appeals
for the Armed Forces, and any court created by
Act of Congress, the judges of which are
entitled to hold office during good behavior;
(11) ``legislative branch'' includes--
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the General Accounting Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment;
and
(I) any other agency, entity, office, or
commission established in the legislative
branch;
(12) ``Member of Congress'' means a United
States Senator, a Representative in Congress, a
Delegate to Congress, or the Resident
Commissioner from Puerto Rico;
(13) ``officer or employee of the Congress''
means--
(A) any individual described under
subparagraph (B), other than a Member of
Congress or the Vice President, whose com
[[Page 654]]
pensation is disbursed by the Secretary of
the Senate or the Chief Administrative
Officer of the House of Representatives;
(B)(i) each officer or employee of the
legislative branch who, for at least 60
days, occupies a position for which the rate
of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
and
(ii) at least one principal assistant
designated for purposes of this paragraph by
each Member who does not have an employee
who occupies a position for which the rate
of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(14) ``personal hospitality of any
individual'' means hospitality extended for a
nonbusiness purpose by an individual, not a
corporation or organization, at the personal
residence of that individual or his family or on
property or facilities owned by that individual
or his family;
(15) ``reimbursement'' means any payment or
other thing of value received by the reporting
individual, other than gifts, to cover travel-
related expenses of such individual other than
those which are--
(A) provided by the United States
Government, the District of Columbia, or a
State or local government or political
subdivision thereof;
(B) required to be reported by the
reporting individual under section 7342 of
title 5, United States Code; or
(C) required to be reported under
section 304 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434);
(16) ``relative'' means an individual who is
related to the reporting individual, as father,
mother, son, daughter, brother, sister, uncle,
aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather,
grandmother, grandson, granddaughter, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, or who is
the grandfather or grandmother of the spouse of
the reporting individual, and shall be deemed to
include the fiance or fiancee of the reporting
individual;
(17) ``Secretary concerned'' has the meaning
set forth in section 101(a)(9) of title 10,
United States Code, and, in addition, means--
(A) the Secretary of Commerce, with
respect to matters concerning the National
Oceanic and Atmospheric Administration;
(B) the Secretary of Health and Human
Services, with respect to matters concerning
the Public Health Service; and
(C) the Secretary of State, with respect
to matters concerning the Foreign Service;
(18) ``supervising ethics office'' means--
(A) the Select Committee on Ethics of
the Senate, for Senators, officers and
employees of the Senate, and other officers
or employees of the legislative branch
required to file financial disclosure
reports with the Secretary of the Senate
pursuant to section 103(h) of this title;
(B) the Committee on Standards of
Official Conduct of the House of
Representatives, for Members, officers and
employees
[[Page 655]]
of the House of Representatives and other
officers or employees of the legislative
branch required to file financial disclosure
reports with the Clerk of the House of
Representatives pursuant to section 103(h)
of this title;
(C) the Judicial Conference for judicial
officers and judicial employees; and
(D) the Office of Government Ethics for
all executive branch officers and employees;
and
(19) ``value'' means a good faith estimate
of the dollar value if the exact value is
neither known nor easily obtainable by the
reporting individual.
(Pub. L. 95-521, Title I, Sec. 109, Oct. 26, 1978, 92 Stat.
1836; Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989,
103 Stat. 1724; Pub. L. 101-280, Sec. 3(1), (8), May 4,
1990, 104 Stat. 152, 155; Pub. L. 102-378, Sec. 4(a)(2),
Oct. 2, 1992, 106 Stat. 1357; Pub. L. 102-572, Title IX,
Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-
160, Div. A, Title XI, Sec. 1182(d)(3), Nov. 30, 1993, 107
Stat. 1773; Pub. L. 103-337, Div. A, Title IX,
Sec. 924(d)(3), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104-
186, Title II, Sec. 216(2), Aug. 20, 1996, 110 Stat. 1747.)
439.10
439.10 Sec. 110. Notice of actions taken to comply with ethics
agreements.
(a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office
of Government Ethics, a Senate confirmation committee, a
congressional ethics committee, or the Judicial Conference,
to take any action to comply with this Act or any other law
or regulation governing conflicts of interest of, or
establishing standards of conduct applicable with respect
to, officers or employees of the Government, that individual
shall notify in writing the designated agency ethics
official, the Office of Government Ethics, the appropriate
committee of the Senate, the congressional ethics committee,
or the Judicial Conference, as the case may be, of any
action taken by the individual pursuant to that agreement.
Such notification shall be made not later than the date
specified in the agreement by which action by the individual
must be taken, or not later than three months after the date
of the agreement, if no date for action is so specified.
(b) If an agreement described in subsection (a) requires
that the individual recuse himself or herself from
particular categories of agency or other official action,
the individual shall reduce to writing those subjects
regarding which the recusal agreement will apply and the
process by which it will be determined whether the
individual must recuse himself or herself in a specific
instance. An individual shall be considered to have complied
with the requirements of subsection (a) with respect to such
recusal agreement if such individual files a copy of the
document setting forth the information described in the
preceding sentence with such individual's designated agency
ethics official or the appropriate supervising ethics office
within the time prescribed in the last sentence of
subsection (a). (Pub. L. 101-194, Title II, Sec. 202, Nov.
30, 1989, 103 Stat. 1744, amended Pub. L. 101-280,
Sec. 3(1), May 4, 1990, 104 Stat. 152.)
439.11
439.11 Sec. 111. Administration of provisions.
The provisions of this title shall be administered by--
(1) The Director of the Office of Government
Ethics, the designated agency ethics official,
or the Secretary concerned, as appropriate,
[[Page 656]]
with regard to officers and employees described
in paragraphs (1) through (8) of section 101(f);
(2) the Select Committee on Ethics of the
Senate and the Committee on Standards of
Official Conduct of the House of
Representatives, as appropriate, with regard to
officers and employees described in paragraphs
(9) and (10) of section 101(f); and
(3) the Judicial Conference in the case of
an officer or employee described in paragraphs
(11) and (12) of section 101(f).
The Judicial Conference may delegate any authority it has
under this title to an ethics committee established by the
Judicial Conference. (Pub. L. 95-521, Title I, Sec. 111, as
added Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989,
103 Stat. 1744, amended Pub. L. 101-280, Sec. 3(1), (9), May
4, 1990, 104 Stat. 152, 157.)
[Sec. 112. Repealed.] (Pub.L. 101-280, Sec. 3(10)(A), May 4,
1990, 104 Stat. 157.)
440
440 Governmentwide Limitations on Outside Earned Income and
Employment
440.1
440.1 Sec. 501. Outside earned income limitation.
(a) Outside earned income limitation.--
(1) Except as provided by paragraph (2), a
Member or an officer or employee who is a
noncareer officer or employee and who occupies a
position classified above GS-15 of the General
Schedule, or in the case of positions not under
the General Schedule, for which the rate of work
pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15
of the General Schedule, may not in any calendar
year have outside earned income attributable to
such calendar year which exceeds 15 percent of
the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title
5, United States Code, as of January 1 of such
calendar year.
(2) In the case of any individual who during
a calendar year becomes a Member or an officer
or employee who is a noncareer officer or
employee and who occupies a position classified
above GS-15 of the General Schedule, or in the
case of positions not under the General
Schedule, for which the rate of work pay is
equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of
the General Schedule, such individual may not
have outside earned income attributable to the
portion of that calendar year which occurs after
such individual becomes a Member or such an
officer or employee which exceeds 15 percent of
the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title
5, United States Code, as of January 1 of such
calendar year multiplied by a fraction the
numerator of which is the number of days such
individual is a Member or such officer or
employee during such calendar year and the
denominator of which is 365.
(b) Honoraria prohibition.--An individual may not
receive any honorarium while that individual is a Member,
officer or employee.
(c) Treatment of charitable contributions.--Any
honorarium which, except for subsection (b), might be paid
to a Member, officer or employee, but which is paid instead
on behalf of such Member, officer or employee to a
charitable organization, shall be deemed not to be
[[Page 657]]
received by such Member, officer or employee. No such
payment shall exceed $2,000 or be made to a charitable
organization from which such individual or a parent,
sibling, spouse, child, or dependent relative of such
individual derives any financial benefit. (Pub. L. 95-521,
Title V, Oct. 26, 1978, 92 Stat. 1864, as amended Pub. L.
101-194, Title VI Sec. 601(a), Nov. 30, 1989, 103 Stat.
1760; Pub. L. 101-280, Sec. 7(a), May 4, 1990, 104 Stat.
161; Pub. L. 102-378, Sec. 4(b)(1), (2), Oct. 2, 1992, 106
Stat. 1357.)
440.2
440.2 Sec. 502. Limitations on outside employment.
(a) Limitations.--A Member or an officer or employee who
is a noncareer officer or employee and who occupies a
position classified above GS-15 of the General Schedule, or
in the case of positions not under the General Schedule, for
which the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for GS-15
of the General Schedule, shall not--
(1) receive compensation for affiliating
with or being employed by a firm, partnership,
association, corporation, or other entity which
provides professional services involving a
fiduciary relationship;
(2) permit that Member's, officer's or
employee's name to be used by any such firm,
partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a
profession which involves a fiduciary
relationship;
(4) serve for compensation as an officer or
member of the board of any association,
corporation, or other entity; or
(5) receive compensation for teaching,
without the prior notification and approval of
the appropriate entity referred to in section
503.
(b) Teaching compensation of justices and judges retired
from regular active service.--For purposes of the limitation
under section 501(a), any compensation for teaching approved
under subsection (a)(5) of this section shall not be treated
as outside earned income--
(1) when received by a justice of the United
States retired from regular active service under
section 371(b) of title 28, United States Code;
(2) when received by a judge of the United
States retired from regular active service under
section 371(b) of title 28, United States Code,
for teaching performed during any calendar year
for which such judge has met the requirements of
subsection (f) of section 371 of title 28,
United States Code, as certified in accordance
with such subsection; or
(3) when received by a justice or judge of
the United States retired from regular active
service under section 372(a) of title 28, United
States Code.
(Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
amended Pub. L. 101-194, Title VI Sec. 601(a), Nov. 30,
1989, 103 Stat. 1760; Pub. L. 101-280, Sec. 7(a)(1),(b), May
4, 1990, 104 Stat. 161; Pub. L. 101-650, Title III,
Sec. 319, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-198,
Sec. 6, Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102-378,
Sec. 4(b) (1), (2), Oct. 2, 1992, 106 Stat. 1357.)
440.3
440.3 Sec. 503. Administration.
This title shall be subject to the rules and regulations
of--
[[Page 658]]
(1) and administered by--
(A) the Committee on Standards of
Official Conduct of the House of
Representatives, with respect to Members,
officers, and employees of the House of
Representatives; and
(B) in the case of Senators and
legislative branch officers and employees
other than those officers and employees
specified in subparagraph (A), the committee
to which reports filed by such officers and
employees under title I are transmitted
under such title, except that the authority
of this section may be delegated by such
committee with respect to such officer and
employees;
(2) the Office of Government Ethics and
administered by designated agency ethics
officials with respect to officers and employees
of the executive branch; and
(3) and administered by the Judicial
Conference of the United States (or such other
agency as it may designate) with respect to
officers and employees of the judicial branch.
(Pub. L. 95-521, Title V, Oct. 26, 1978, 92
Stat. 1864, as amended Pub. L. 101-194, Title
VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761;
Pub. L. 101-280, Sec. 7(c), May 4, 1990, 104
Stat. 161; Pub. L. 102-90, Title I,
Sec. 6(b)(1), Aug. 14, 1991, 105 Stat. 450.)
440.4
440.4 Sec. 504. Civil penalties.
(a) Civil action.--The Attorney General may bring a
civil action in any appropriate United States district court
against any individual who violates any provision of section
501 or 502. The court in which such action is brought may
assess against such individual a civil penalty of not more
than $10,000 or the amount of compensation, if any, which
the individual received for the prohibited conduct,
whichever is greater.
(b) Advisory opinions.--Any entity described in section
503 may render advisory opinions interpreting this title, in
writing, to individuals covered by this title. Any
individual to whom such an advisory opinion is rendered and
any other individual covered by this title who is involved
in a fact situation which is indistinguishable in all
material aspects, and who, after the issuance of such
advisory opinion, acts in good faith in accordance with its
provisions and findings shall not, as a result of such
actions, be subject to any sanction under subsection (a).
(Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
amended Pub. L. 101-194, Title VI, Sec. 601(a), Nov. 30,
1989, 103 Stat. 1761.)
440.5
Sec.
440.5 Sec. 505. Definitions.
For purposes of this title:
(1) The term ``Member'' means a Senator in,
a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
(2) The term ``officer or employee'' means
an officer or employee of the Government except
any special Government employee (as defined in
section 202 of title 18, United States Code).
(3) The term ``honorarium'' means a payment
of money or anything of value for an appearance,
speech or article (including a series of
appearances, speeches, or articles if the
subject matter is directly related to the
individual's official duties or the payment is
made because of the individual's status with the
Government) by a Member, officer or employee,
excluding any actual and necessary travel
expenses incurred by such individual (and one
relative) to the extent
[[Page 659]]
that such expenses are paid or reimbursed by any
other person, and the amount otherwise
determined shall be reduced by the amount of any
such expenses to the extent that such expenses
are not paid or reimbursed.
(4) The term ``travel expenses'' means, with
respect to a Member, officer or employee, or a
relative of any such individual, the cost of
transportation, and the cost of lodging and
meals while away from his or her residence or
principal place of employment.
(5) The term ``charitable organization''
means an organization described in section
170(c) of the Internal Revenue Code of 1986.
(Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
amended Pub. L. 101-194, Title VI, Sec. 601(a), Nov. 30,
1989, 103 Stat. 1761; Pub. L. 102-90, Title I, Sec. 6(b)(2),
(3), Title III, Sec. 314(b), Aug. 14, 1991, 105 Stat. 450,
469.)
[[Page 660]]
TITLE 10.--ARMED FORCES
Chapter 2.--DEPARTMENT OF DEFENSE
* * * * * * *
441
441 Sec. 114. Annual authorization of appropriations.
(a) No funds may be appropriated for any fiscal year to
or for the use of any armed forces or obligated or expended
for--
(1) procurement of aircraft, missiles, or
naval vessels;
(2) any research, development, test, or
evaluation, or procurement or production related
thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and
related support equipment;
(6) military construction;
(7) the operation and maintenance of any
armed force or of the activities and agencies of
the Department of Defense (other than the
military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or
by the activities and agencies of the Department
of Defense (other than the military
departments);
unless funds therefore have been specifically authorized by
law.
(b) In subsection (a)(6), the term ``military
construction'' includes any construction, development,
conversion, or extension of any kind which is carried out
with respect to any military facility or installation
(including any Government-owned or Government-leased
industrial facility used for the production of defense
articles and any facility to which section 2353 of this
title applies), any activity to which section 2807 of this
title applies, any activity to which chapter 1803 of this
title applies, and advances to the Secretary of
Transportation for the construction of defense access roads
under section 210 of title 23. Such term does not include
any activity to which section 2821 or 2854 of this title
applies.
(c)(1) The size of the Special Defense Acquisition Fund
established pursuant to chapter 5 of the Arms Export Control
Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.
(2) Notwithstanding section 37(a) of the Arms Export
Control Act (22 U.S.C. 2777(a)), amounts received by the
United States pursuant to subparagraph (A) of section
21(a)(1) of that Act (22 U.S.C. 2761(a)(1)--
(A) shall be credited to the Special Defense
Acquisition Fund established pursuant to chapter
5 of that Act (22 U.S.C. 2795 et seq.), as
authorized by section 51(b)(1) of that Act (22
U.S.C. 2795(b)(1)), but subject to the
limitation in paragraph (1) and other applicable
law; and
(B) to the extent not so credited, shall be
deposited in the Treasury as miscellaneous
receipts as provided in section 3302(b) of title
31.
(d) Funds may be appropriated for the armed forces for
use as an emergency fund for research, development, test,
and evaluation, or re
[[Page 661]]
lated procurement or production, only if the appropriation
of the funds is authorized by law after June 30, 1966.
(e) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of equipment for the reserve components of
the armed forces (including the National Guard) shall be set
forth separately from other amounts requested for
procurement for the armed forces.
(f) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of ammunition for the Navy and Marine Corps,
and for procurement of ammunition for the Air Force, shall
be set forth separately from other amounts requested for
procurement.
(Added Nov. 16, 1973, P.L. 93-155, Title VIII, Sec. 803(a),
87 Stat. 612; Oct. 7, 1975, P.L. 94-106, Title VIII,
Sec. 801(a), 89 Stat. 537; July 14, 1976, P.L. 94-361, Title
III, Sec. 302, 90 Stat. 924; Nov. 9, 1979, P.L. 96-107,
Title III, Sec. 303(b), 93 Stat. 806; Sept. 8, 1980, P.L.
96-342, Title X, Sec. 1001(a)(1), (b), (c), (d)(1), 94 Stat.
1117; Dec. 12, 1980, P.L. 96-513, Title I, Sec. 102, Title
V, Part B, Sec. 511(4), 94 Stat. 2840, 2920; July 10, 1981,
P.L. 97-22, Sec. 2(b), 95 Stat. 124; Dec. 1, 1981, P.L. 97-
86, Title III, Sec. 302, Title IX, Secs. 901(a), 902, 903,
95 Stat. 1104, 1113; Dec. 29, 1981, P.L. 97-113, Title I,
Sec. 108(b), 95 Stat. 1524; July 12, 1982, P.L. 97-214,
Sec. 4, 96 Stat. 170; Sept. 8, 1982, P.L. 97-252, Title IV,
Sec. 402(a), Title XI, Secs. 1103, 1105, 96 Stat. 725, 738;
Oct. 12, 1982, P.L. 97-295, Sec. 1(3), (4), 96 Stat. 1289;
Oct. 19, 1984, P.L. 98-525, Title XIV, Sec. 1405(2), 98
Stat. 2621; Nov. 8, 1985, P.L. 99-145, Title XII, Part A,
Sec. 1208, Title XIV, Part A, Sec. 1403, 99 Stat. 723, 743;
Oct. 1, 1986, P.L. 99-433, Title I, Secs. 101(a)(2) in part,
110(b), 100 Stat. 994, 1002; Nov. 14, 1986, P.L. 99-661,
Div. A, Title I, Part A, Sec. 105(d), Title XIII, Part A,
Sec. 1304(a), 100 Stat. 3827, 3979; Apr. 21, 1987, P.L. 100-
26, Sec. 7(j)(1), 101 Stat. 282; Dec. 4, 1987, P.L. 100-180,
Div. A, Title XII, Part A, Sec. 1203, 101 Stat. 1154; Nov.
29, 1989, P.L. 101-189, Div. A, Title XVI, Part A,
Sec. 1602(b), 103 Stat. 1597; Nov. 5, 1990, P.L. 101-510,
Div. A, Title XIV, Part H, Sec. 1481(a)(1), 104 Stat. 1704;
Feb. 10, 1996, P.L. 104-106, Div. A, Title XV,
Sec. 1501(c)(2), 110 Stat. 498; Sept. 23, 1996, P.L. 104-
201, Div. A, Title X, Subtitle A, Sec. 1005, 110 Stat.
2632.)
441.1
441.1 Sec. 115. Personnel strengths: requirement for annual
authorization.
(a) Congress shall authorize personnel strength levels
for each fiscal year for each of the following:
(1) The end strength for each of the armed
forces (other than the Coast Guard) for (A)
active-duty personnel who are to be paid from
funds appropriated for active-duty personnel,
and (B) active-duty personnel and full-time
National Guard duty personnel who are to be paid
from funds appropriated for reserve personnel.
(2) The end strength for the Selected
Reserve of each reserve component of the armed
forces.
(b) No funds may be appropriated for any fiscal year to
or for--
(1) the use of active-duty personnel or
full-time National Guard duty personnel of any
of the armed forces (other than the Coast Guard)
unless the end strength for such personnel of
that armed force for that fiscal year has been
authorized by law; or
[[Page 662]]
(2) the use of the Selected Reserve of any
reserve component of the armed forces unless the
end strength for the Selected Reserve of that
component for that fiscal year has been
authorized by law.
(c) Upon determination by the Secretary of Defense that
such action is in the national interest, the Secretary may--
(1) increase the end strength authorized
pursuant to subsection (a)(1)(A) for a fiscal
year for any of the armed forces by a number
equal to not more than 1 percent of that end
strength; and
(2) increase the end strength authorized
pursuant to subsection (a)(1)(B) for a fiscal
year for any of the armed forces by a number
equal to not more than 2 percent of that end
strength.
(3) vary the end strength authorized
pursuant to subsection (a)(2) for a fiscal year
for the Selected Reserve of any of the reserve
components by a number equal to not more than 2
percent of that end strength.
(d) In counting active-duty personnel for the purpose of
the end-strengths authorized pursuant to subsection (a)(1),
persons in the following categories shall be excluded:
(1) Members of the Ready Reserve ordered to
active duty under section 12302 of this title.
(2) Members of the Selected Reserve of the
Ready Reserve ordered to active duty under
section 12304 of this title.
(3) Members of the National Guard called
into Federal service under section 12406 of this
title.
(4) Members of the militia called into
Federal service under chapter 15 of this title.
(5) Members of reserve components on active
duty for training.
(6) Members of reserve components on active
duty for 180 days or less to perform special
work.
(7) Members on full-time National Guard duty
for 180 days or less.
(8) Members of the Selected Reserve of the
Ready Reserve on active duty for more that
[than] 180 days to support programs described in
section 1203(b) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law
103-160; 22 U.S.C. 5952(b)).
(e) The authorized strength of the Navy under subsection
(a)(1) is increased by the authorized strength of the Coast
Guard during any period when the Coast Guard is operating as
a service in the Navy.
(f) [Deleted]
(g) Congress shall authorize for each fiscal year the
end strength for military technicians (dual status) for each
reserve component of the Army and Air Force. Funds available
to the Department of Defense for any fiscal year may not be
used for the pay of a military technician (dual status)
during that fiscal year unless the technician fills a
position that is within the number of such positions
authorized by law for that fiscal year for the reserve
component of that technician. This subsection applies
without regard to section 129 of this title. In each budget
submitted by the President to Congress under section 1105 of
title 31, the end strength requested for military
technicians (dual status) for each reserve component of the
Army and Air Force shall be specifically set forth. (Added
Nov. 5, 1990, P.L. 101-510, Div. A, Title XIV, Part H,
Sec. 1483(a), 104 Stat. 1710; Dec. 5, 1991, P.L. 102-190,
Div. A, Title III, Part B, Sec. 312(a), 105 Stat. 1335; Feb.
10, 1996, P.L. 104-106, Div.
[[Page 663]]
A, Title IV, Subtitle A, Sec. 401(c), Subtitle B, Sec. 415,
Title V, Subtitle B, Sec. 513(a)(1), Title X, Subtitle F,
Sec. 1061(c), Title XV, Sec. 1501(c)(3), 110 Stat. 286, 288,
305, 442, 498; Nov. 18, 1997, P.L. 105-85, Div. A, Title IV,
Subtitle B, Sec. 413(b), Subtitle C, Sec. 522(i)(1), 111
Stat. 1720, 1736.)
441.1a
441.1a Sec. 115a. Annual manpower requirements report.
(a) The Secretary of Defense shall submit to Congress an
annual manpower requirements report. The report, which shall
be in writing, shall be submitted each year not later than
45 days after the date on which the President submits to
Congress the budget for the next fiscal year under section
1105 and of title 31. The report shall contain the
Secretary's recommendations for--
(1) the annual active-duty end-strength
level for each component of the armed forces for
the next fiscal year; and
(2) the annual civilian personnel end-
strength level for each component of the
Department of Defense for the next fiscal year.
(b)(1) The Secretary shall include in each report under
subsection (a) justification for the strength levels
recommended and an explanation of the relationship between
the personnel strength levels recommended for that fiscal
year and the national security policies of the United States
in effect at the time.
(2) The justification and explanation shall specify in
detail for all major military force units (including each
land force division, carrier and other major combatant
vessel, air wing, and other comparable unit) the following:
(A) Unit mission and capability.
(B) Strategy which the unit supports.
(3) The justification and explanation shall also specify
in detail the manpower required to perform the medical
missions of each of the armed forces and of the Department
of Defense.
(c) The Secretary shall include in each report under
subsection (a) a detailed discussion of the following:
(1) The manpower required for support and
overhead functions within the armed forces and
the Department of Defense.
(2) The relationship of the manpower
required for support and overhead functions to
the primary combat missions and support
policies.
(3) The manpower required to be stationed or
assigned to duty in foreign countries and abroad
vessels located outside the territorial limits
of the United States, its territories, and
possessions.
(d) The Secretary shall also include in each such
report, with respect to each armed force under the
jurisdiction of the Secretary of a military department, the
following:
(1) The number of positions that require
warrant officers or commissioned officers
serving on active duty in each of the officer
grades during the current fiscal year and the
estimated number of such positions for each of
the next five fiscal years.
(2) The estimated number of officers that
will be serving on active duty in each grade on
the last day of the current fiscal year and the
estimated numbers of officers that will be
needed on active duty on the last day of each of
the next five fiscal years.
(3) An estimate and analysis for the current
fiscal year and for each of the next five fiscal
years of gains to and losses from the
[[Page 664]]
number of members on active duty in each officer
grade, including a tabulation of--
(A) retirements displayed by year of
active commissioned service;
(B) discharges;
(C) other separations;
(D) deaths;
(E) promotions; and
(F) reserve and regular officers ordered
to active duty.
(e)(1) In each such report, the Secretary shall also
include recommendations for the end-strength levels for
medical personnel for each component of the armed forces as
of the end of the next fiscal year.
(2) For purposes of this subsection, the term ``medical
personnel'' includes--
(A) in the case of the Army, members of the
Medical Corps, Dental Corps, Nurse Corps,
Medical Service Corps, Veterinary Corps, and
Army Medical Specialist Corps;
(B) in the case of the Navy, members of the
Medical Corps, Dental Corps, Nurse Corps, and
Medical Service Corps;
(C) in the case of the Air Force, members
designated as medical officers, dental officers,
Air Force nurses, medical service officers, and
biomedical science officers;
(D) enlisted members engaged in or
supporting medically related activities; and
(E) such other personnel as the Secretary
considers appropriate.
(f) [Deleted]
(g) [Redesignated]
(h) In each such report, the Secretary shall include a
separate report on the Army and Air Force military
technician programs. The report shall include a
presentation, shown by reserve component and shown both as
of the end of the preceding fiscal year and for the next
fiscal year, of the following (displayed in the aggregate
and separately for military technicians (dual status) and
non-dual status military technicians):
(1) The number of military technicians
required to be employed (as specified in
accordance with Department of Defense
procedures), the number authorized to be
employed under Department of Defense personnel
procedures, and the number actually employed.
(2) Within each of the numbers under
paragraph (1)--
(A) the number applicable to a reserve
component management headquarter
organization; and
(B) the number applicable to high-
priority units and organizations (as
specified in section 10216(a) of this
title).
(Added Nov. 5, 1990, P.L. 101-510, Div. A, Title XIV, Part
H, Sec. 1483(a), 104 Stat. 1711; Dec. 5, 1991, P.L. 102-190,
Div. A, Title X, Part E, Sec. 1061(a)(1), 105 Stat. 1472;
Feb. 10, 1996, P.L. 104-106, Div. A, Title V, Subtitle B,
Sec. 513(e), Title X, Subtitle F, Sec. 1061(d), 110 Stat.
307, 442; Nov. 18, 1997, P.L. 105-85, Div. A, Title V,
Subtitle C, Sec. 522(i)(2), 111 Stat. 1736; Oct. 17, 1998,
P.L. 105-261, Div. A, Title IV, Subtitle A, Sec. 403, 112
Stat. 1996.)
441.2
441.2 Sec. 116. Annual operations and maintenance report.
(a)(1) The Secretary of Defense shall submit to Congress
a written report, not later than February 15 of each fiscal
year, with respect
[[Page 665]]
to the operations and maintenance of the Army, Navy, Air
Force, and Marine Corps for the next fiscal year. The
Secretary shall include in each such report recommendations
for--
(A) the number of aircraft flying hours for
the Army, Navy, Air Force, and Marine Corps for
the next fiscal year, the number of ship
steaming hours for the Navy for the next fiscal
year, and the number of field training days for
the combat arms battalions of the Army and
Marine Corps for the next fiscal year;
(B) the number of ships over 3,000 tons
(full load displacement) in each Navy ship
classification on which major repair work should
be performed during the next fiscal year; and
(C) the number of airframe reworks, aircraft
engine reworks, and vehicle overhauls which
should be performed by the Army, Navy, Air
Force, and Marine Corps during the next fiscal
year.
(2) The Secretary shall also include in each such report
the justification for and an explanation of the level of
funding recommended in the Budget of the President for the
next fiscal year for aircraft flying hours, ship steaming
hours, field training days for the combat arms battalions,
major repair work to be performed on ships of the navy,
airframe reworks, aircraft engine reworks, and vehicle
overhauls.
(b) In this section:
(1) The term ``combat arms battalions''
means armor, infantry, mechanized infantry, air
assault infantry, airborne infantry, ranger,
artillery, and combat engineer battalions and
armored cavalry and air cavalry squadrons.
(2) The term ``major repair work'' means, in
the case of any ship to which subsection (a) is
applicable, any overhaul, modification,
alteration, or conversion work which will result
in a total cost to the United States of more
than $10,000,000.
(Added Sept. 8, 1980, P.L. 96-342, Title X, Sec. 1001(b)(3),
(c)(2), 94 Stat. 1118; Dec. 12, 1980, P.L. 96-513, Title V,
Sec. 511(4)(B), 94 Stat. 2920; Dec. 1, 1981, P.L. 97-86,
Title III, Sec. 302, 95 Stat. 1104; Oct. 1, 1986, P.L. 99-
433, Title I, Secs. 101(a)(2), 110(b)(6), (7), (9), (10),
100 Stat. 994, 1002; Nov. 18, 1997, P.L. 105-85, Div. A,
Title X, Subtitle G, Sec. 1073(a)(3), 111 Stat. 1900.)
441.2a
441.2a Sec. 119. Special access programs: congressional oversight.
(a)(1) Not later than March 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report on special access programs.
(2) Each such report shall set forth--
(A) the total amount requested for special
access programs of the Department of Defense in
the President's budget for the next fiscal year
submitted under section 1105 of title 31; and
(B) for each program in that budget that is
a special access program--
(i) a brief description of the program;
(ii) a brief discussion of the major
milestones established for the program;
(iii) the actual cost of the program for
each fiscal year during the program has been
conducted before the fiscal year during
which that budget is submitted; and
(iv) the estimated total cost of the
program and the estimated cost of the
program for (I) the current fiscal year,
(II) the fiscal
[[Page 666]]
year for which the budget is submitted, and
(III) each of the four succeeding fiscal
years during which the program is expected
to be conducted.
(3) In the case of a report under paragraph (1)
submitted in a year during which the President's budget for
the next fiscal year, because of multiyear budgeting for the
Department of Defense, does not include a full budget
request for the Department of Defense, the report required
by paragraph (1) shall set forth--
(A) the total amount already appropriated
for the next fiscal year for special access
programs of the Department of Defense and any
additional amount requested in that budget for
such programs for such fiscal year; and
(B) for each program of the Department of
Defense that is a special access program, the
information specified in paragraph (2)(B).
(B)(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report that, with respect to each new special access
program, provides--
(A) notice of the designation of the program
as a special access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a
program shall include--
(A) the current estimate of the total
program cost for the program; and
(B) an identification of existing programs
or technologies that are similar to the
technology, or that have a mission similar to
the mission, of the program that is the subject
of the notice.
(3) In this subsection, the term ``new special access
program'' means a special access program that has not
previously been covered in a notice and justification under
this subsection.
(c)(1) Whenever a change in the classification of a
special access program of the Department of Defense is
planned to be made or whenever classified information
concerning a special access program of the Department of
Defense is to be declassified and made public, the Secretary
of Defense shall submit to the defense committees a report
containing a description of the proposed change, the reasons
for the proposed change, and notice of any public
announcement planned to be made with respect to the proposed
change.
(2) Except as provided in paragraph (3), any report
referred to in paragraph (1) shall be submitted not less
than 14 days before the date on which the proposed change or
public announcement is to occur.
(3) If the Secretary determines that because of
exceptional circumstances the requirement of paragraph (2)
cannot be met with respect to a proposed change or public
announcement concerning a special access program of the
Department of Defense, the Secretary may submit the report
required by paragraph (1) regarding the proposed change or
public announcement at any time before the proposed change
or public announcement is made and shall include in the
report an explanation of the exceptional circumstances.
(d) Whenever there is a modification or termination of
the policy and criteria used for designating a program of
the Department of Defense as a special access program, the
Secretary of Defense shall prompt
[[Page 667]]
ly notify the defense committees of such modification or
termination. Any such notification shall contain the reasons
for the modification or termination and, in the case of a
modification, the provisions of the policy as modified.
(e)(1) The Secretary of Defense may waive any
requirement under subsection (a), (b), or (c) that certain
information be included in a report under that subsection if
the Secretary determines that inclusion of that information
in the report would adversely affect the national security.
Any such waiver shall be made on a case-by-case basis.
(2) If the Secretary exercises the authority provided
under paragraph (1), the Secretary shall provide the
information described in that subsection with respect to the
special access program concerned, and the justification for
the waiver, jointly to the chairman and ranking minority
member of each of the defense committees.
(f) A special access program may not be initiated
until--
(1) the defense committees are notified of
the program; and
(2) a period of 30 days elapses after such
notification is received.
(g) In this section, the term ``defense committees''
means--
(1) the Committee on Armed Services and the
Committee on Appropriations, and the Defense
Subcommittee of the Committee on Appropriations,
of the Senate; and
(2) the Committee on National Security and
the Committee on Appropriations, and the
National Security Subcommittee of the Committee
on Appropriations, of the House of
Representatives. (Added Dec. 4, 1987, P.L. 100-
180, Div. A, Title XI, Part D, Sec. 1132(a)(1),
101 Stat. 1151; Nov. 5, 1990, P.L. 101-510, Div.
A, Title XIV, Part F, Sec. 1461, Part H,
Sec. 1482(a), 104 Stat. 1698, 1709; Feb. 10,
1996, P.L. 104-106, Div. A, Title X, Subtitle E,
Sec. 1055, Title XV, Sec. 1502(a)(4), 110 Stat.
442, 502; Pub. L. 106-65, Div. A, Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 9.--DEFENSE BUDGET MATTERS
441.2b
441.2b Sec. 221. Future-years defense program; submission to
Congress; consistency in budgeting.
(a) The Secretary of Defense shall submit to Congress
each year, at or about the time that the President's budget
is submitted to Congress that year under section 1105(a) of
title 31, a future-years defense program (including
associated annexes) reflecting the estimated expenditures
and proposed appropriations included in that budget. Any
such future-years defense program shall cover the fiscal
year with respect to which the budget is submitted and at
least the four succeeding fiscal years.
(b)(1) The Secretary of Defense shall ensure that
amounts described in subparagraph (A) of paragraph (2) for
any fiscal year are consistent with amounts described in
subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the
following:
(A) The amounts specified in program and
budget information submitted to Congress by the
Secretary in support of expenditure estimates
and proposed appropriations in the budget
submitted to Congress by the President under
section 1105(a) of title 31 for any fiscal year,
as shown in the future-years defense program
submitted pursuant to subsection (a).
[[Page 668]]
(B) The total amounts of estimated
expenditures and proposed appropriations
necessary to support the programs, projects, and
activities of the Department of Defense included
pursuant to paragraph (5) of section 1105(a) of
title 31 in the budget submitted to Congress
under that section for any fiscal year.
(c) Nothing in this section shall be construed to
prohibit the inclusion in the future-years defense program
of amounts for management contingencies, subject to the
requirements of subsection (b). (Added Pub. L. 101-189,
Sec. 1602(a)(1), Nov. 29, 1989, 103 Stat. 1596; amended Pub.
L. 101-510, Sec. 1402(a), Nov. 5, 1990, 104 Stat. 1674;
renumbered Sec. 221 and amended Pub. L. 102-484,
Sec. 1002(c), Oct. 23, 1992, 106 Stat. 2480.)
441.2c
441.2c Sec. 222. Future-years mission budget.
(a) Future-years mission budget.--The Secretary of Defense
shall submit to Congress for each fiscal year a future-
years mission budget for the military programs of the
Department of Defense. That budget shall be submitted
for any fiscal year not later than 60 days after the
date on which the President's budget for that fiscal
year is submitted to Congress pursuant to section 1105
of title 31.
(b) Consistency with future-years defense program.--The
future-years mission budget shall be consistent with the
future-years defense program required under section 221
of this title. In the future-years mission budget, the
military programs of the Department of Defense shall be
organized on the basis of major roles, missions, or
forces of the Department of Defense.
(c) Relationship to other defense budget formats.--The
requirement in subsection (a) is in addition to the
requirements in any other provision of law regarding the
format for the presentation regarding military programs
of the Department of Defense in the budget submitted
pursuant to section 1105 of title 31 for any fiscal
year. (Added Oct. 23, 1992, P.L. 102-484, Div. A, Title
X, Subtitle A, Sec. 1002(a)(2), 106 Stat. 2480; Oct. 5,
1994, P.L. 103-337, Div. A, Title X, Subtitle A,
Sec. 1004, 108 Stat. 2834.)
441.2d
441.2d Sec. 226. Scoring of outlays.
(a) Annual OMB/CBO report.--Not later than December 15 of
each year, the Director of the Office of Management and
Budget and the Director of the Congressional Budget
Office shall submit to the Speaker of the House of
Representatives and the Committees on Armed Services,
Appropriations, and the Budget of the Senate a joint
report containing an agreed resolution of all
differences between--
(1) the technical assumptions to be used by
the Office of Management and Budget in preparing
estimates with respect to all accounts in major
functional category 050 (National Defense) for
the budget to be submitted to Congress in the
following year pursuant to section 1105 of title
31 and
(2) the technical assumptions to be used by
the Congressional Budget Office in preparing
estimates with respect to those accounts for
that budget.
[[Page 669]]
(b) Use of averages.--If the two Directors are unable to
agree upon any technical assumption, the report shall
reflect the average of the relevant outlay rates or
assumptions used by the two offices.
(c) Matters to be included.--The report with respect to a
budget shall identify the following:
(1) The agreed first-year and outyear outlay
rates for each account in budget function 050
(National Defense) for each fiscal year covered
by the budget.
(2) The agreed amount of outlays estimated
to occur from unexpended appropriations made for
fiscal years before the fiscal year that begins
after submission of the report.
(Added Pub. L. 102-190, Div. A, Title X, Sec. 1002(a)(1),
Dec. 5, 1991, 105 Stat. 1455, Sec. 221; renumbered Sec. 226,
Pub. L. 102-484, Div. A, Title X, Sec. 1002(a)(1), Oct. 23,
1992, 106 Stat. 2480; amended Pub. L. 103-160, Sec. 1104,
Nov. 30, 1993, 107 Stat. 1749.)
* * * * * * *
Chapter 403.--UNITED STATES MILITARY ACADEMY
441.5
441.5 Sec. 4342. Cadets: appointments; numbers, territorial
distribution.
(a) The authorized strength of the Corps of Cadets of
the Academy (determined for any year as of the day before
the last day of the academic year) is 4,000. Subject to that
limitation, cadets are selected as follows:
(1) 65 cadets selected in order of merit as
established by competitive examinations from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated is binding upon the Secretary of the Army.
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
(6) Two cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
[[Page 670]]
(8) Two cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) One cadet from American Samoa, nominated
by the Delegate in Congress from American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training and who served continuously on
active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay, other than those granted
retired pay under section 12731 of this
title (or under section 1331 of this title
as in effect before the effective date of
the Reserve Officer Personnel Management
Act);
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Army from enlisted members of the Regular Army.
(3) 85 nominated by the Secretary of the
Army from enlisted members of reserve components
of the Army.
(4) 20 nominated by the Secretary of the
Army, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air force, and from members of the Reserve
Officers' Training Corps.
(5) 150 selected by the Secretary of the
Army in order of merit (prescribed pursuant to
section 4343 of this title) from qualified
alternates nominated by persons named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as cadets at the
Academy children of persons who have been awarded the Medal
of Honor for acts performed while in the armed forces.
(d) The Superintendent may nominate each year 50 persons
from the country at large. Persons nominated under this
paragraph may not displace any appointment authorized under
clauses (2) through (9) of subsection (a) and may not cause
the total strength of the Corps of Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under subsection
(b)(1), (2), (3) is not filled, the Secretary may fill the
vacancies by nominating for appointment other candidates
from any of these sources who were found best qualified on
examination for admission and not otherwise nominated.
[[Page 671]]
(f) Each candidate for admission nominated under clauses
(3) through (9) and (10) of subsection (a) must be domiciled
in the State, or in the congressional district, from which
he is nominated, or in the District of Columbia, Puerto
Rico, American Samoa, Guam, or the Virgin Islands, if
nominated from one of those places.
(g) The Secretary of the Army may limit the number of
cadets authorized to be appointed under this section to the
number that can be adequately accommodated at the Academy,
as determined by the Secretary after consulting with the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives, subject
to the following:
(1) Cadets chargeable to each nominating
authority named in subsection (a) (3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a) (3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
(3) If the Secretary limits the number of
appointments under subsection (b)(5),
appointments under subsection (b)(2)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(2);
(B) 27 appointments under subsection
(b)(3); and
(C) 13 appointments under subsection
(b)(4).
(4) The limitations provided for in this
subsection do not affect the operation of
subsection (e).
(h) The Secretary of the Army shall furnish to any
Member of Congress, upon the written request of such Member,
the name of the Congressman or other nominating authority
responsible for the nomination of any named or identified
person for appointment to the Academy.
(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the Corps
of Cadets, the Secretary of the Army may for any year
(beginning with the 2001-2002 academic year) permit a
variance in that limitation by not more than one percent. In
applying that limitation, and any such variance, the last
day of an academic year shall be considered to be graduation
day.
(Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 240; Sept. 2,
1958, P.L. 85-861, Sec. 33(a)(26), 72 Stat. 1565; Sept. 14,
1962, P.L. 87-663, Sec. 1(1), (2), 76 Stat. 547; March 3,
1964, P.L. 88-276, Sec. 1(1), 78 Stat. 148; Oct. 13, 1966,
P.L. 89-650, Sec. 1(1)-(4), 80 Stat. 896; July 5, 1968, P.L.
90-374, 82 Stat. 283; Oct. 22, 1968, P.L. 90-623, Sec. 2(8),
82 Stat. 1314; Sept. 22, 1970, P.L. 91-405, Title II,
Sec. 204(c), 84 Stat. 852, Aug. 7, 1972, P.L. 92-365,
Sec. 1, 86 Stat. 505; Nov. 29, 1973, P.L. 93-171, Sec. 1(1)-
(4), 87 Stat. 690; Oct. 7, 1975, P.L. 94-106, Title VIII,
Sec. 803(b)(1), 89 Stat. 538; Dec. 12, 1980, P.L. 96-513,
Title V, Part B, Sec. 512(13), 94 Stat. 2930; Dec. 24, 1980,
P.L. 96-600, Sec. 2(a), 94 Stat. 3493; Oct. 14, 1981, P.L.
97-60, Title II, Sec. 203(a)(1), 95 Stat. 1006; Sept. 24,
1983, P.L. 98-94, Title X, Part A, Sec. 1005(a)(1), (b)(1),
97 Stat. 660; Nov. 29, 1989, P.L. 101-189, Div. A, Title
XVI, Part C, Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990,
P.L. 101-510, Div. A, Title V, Part C, Sec. 532(a)(1), 104
Stat. 1563; Nov. 30, 1993, P.L. 103-160, Div. A, Title V,
Subtitle
[[Page 672]]
C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, P.L. 103-337,
Div. A, Title XVI, Subtitle C, Sec. 1672(c)(3), 108 Stat.
3015; Feb. 10, 1996, P.L. 104-106, Div. A, Title V, Subtitle
D, Part I, Sec. 532(a), Title XV, Sec. 1502(a)(1), 110 Stat.
314, 502; Nov. 18, 1997, P.L. 105-85, Div. A, Title X,
Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Pub. L. 106-
65, Div. A, Title V, Sec. 531(b)(1), Title X, Sec. 1067(1),
Oct. 5, 1999, 113 Stat. 602, 774.)
442
442 Sec. 4355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Army, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its
action, and of its views and recommendations pertaining to
the Academy. Any report of a visit, other than the annual
visit, shall, if approved by a majority of the members of
the Board, be submitted to the President within 60 days
after the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
Board and each adviser shall be reimbursed under Government
travel regulations for his travel expenses. (Aug. 10, 1956,
ch. 1041, 70A Stat. 245; Dec. 23, 1980, Pub. L. 96-579,
Sec. 13(a), 94 Stat. 3369; Pub. L. 104-106, Div. A, Title X,
Sec. 1061(e)(2), Title XV, Sec. 1502(a)(12), Feb. 10, 1996,
110 Stat. 443, 503; Pub. L. 106-65, Div. A, Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
[[Page 673]]
Chapter 603.--UNITED STATES NAVAL ACADEMY
442.5
442.5 Sec. 6954. Midshipmen: number.
(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day
of the academic year) is 4,000. Subject to that limitation,
midshipmen are selected as follows:
(1) 65 selected in order of merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from, wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated, is binding upon the Secretary of the
Navy.
(2) Five nominated at large by the Vice
President or, if there is no Vice President, by
the President pro tempore of the Senate.
(3) Ten from each State, five of whom are
nominated by each Senator from that State.
(4) Five nominated by each Representative in
Congress.
(5) Five from the District of Columbia,
nominated by the Delegate to the House of
Representatives from the District of Columbia.
(6) Two from the Virgin Islands, nominated
by the Delegate in Congress from the Virgin
Islands.
(7) Six from Puerto Rico, five of whom are
nominated by the Resident Commissioner from
Puerto Rico and one who is native of Puerto Rico
nominated by the Governor of Puerto Rico.
(8) Two from Guam, nominated by the Delegate
in Congress from Guam.
(9) One from American Samoa, nominated by
the Delegate in Congress from American Samoa.
(10) One from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition there may be appointed each year at the
Academy midshipmen as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay, other than those granted
retired
[[Page 674]]
pay under section 12731 of this title (or
under section 1331 of this title as in
effect before the effective date of the
Reserve Officer Personnel Management Act);
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Navy from enlisted members of the Regular Navy
and the Regular Marine Corps.
(3) 85 nominated by the Secretary of the
Navy from enlisted members of the Naval Reserve
and the Marine Corps Reserve.
(4) 20 nominated by the Secretary of the
Navy, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Naval Reserve
Officers' Training Corps.
(5) 150 selected by the Secretary of the
Navy in order of merit (prescribed pursuant to
section 6956 of this title) from qualified
alternates nominated by person named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as midshipmen at the
Academy children of persons who have been awarded the medal
of honor for acts performed while in the armed forces.
(d) The Superintendent of the Naval Academy may nominate
for appointment each year 50 persons from the country at
large. Persons nominated under this paragraph may not
displace any appointment authorized under clauses (2)
through (9) of subsection (a) and may not cause the total
strength of midshipmen at the Navy Academy to exceed the
authorized number.
(e) The Secretary of the Navy may limit the number of
midshipmen appointed under section (b)(5). When he does so,
if the total number of midshipmen, upon admission of a new
class at the Academy, will be more than 3,737, no
appointment may be made under subsection (b) (2) or (3) of
this section or section 6956 of this title.
(f) The Secretary of the Navy shall furnish to any
Member of Congress, upon the written request of such Member,
the name of the Congressman or other nominating authority
responsible for the nomination of any named or identified
person for appointment to the Academy.
(g) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the
Brigade of Midshipmen, the Secretary of the Navy may for any
year permit a variance in that limitation by not more than
one percent. In applying that limitation, and any such
variance, the last day of an academic year shall be
considered to be graduation day. (Aug. 10, 1956, ch. 1041,
Sec. 1, 70A Stat. 429; Sept. 7, 1962, P.L. 87-651, Title I,
Sec. 124, 76 Stat. 514; Sept. 14, 1962, P.L. 87-663,
Sec. 1(3), 76 Stat. 547; March 3, 1964, P.L. 88-276, Sec. 2,
78 Stat. 150; Oct. 13, 1996, P.L. 89-650, Sec. 1(1)-(3), 80
Stat. 896; July 5, 1968, P.L. 90-374, 82 Stat. 283; Oct. 22,
1968, P.L. 90-623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970,
P.L. 91-405, Title II, Sec. 204(c), 84 Stat. 852; Aug. 7,
1972, P.L. 92-365, Sec. 2, 86 Stat. 505; Nov. 29, 1973, P.L.
93-171, Sec. 2(1)-(3), 87 Stat. 690; Oct. 7, 1975 P.L. 94-
106, Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 24,
1980, P.L. 96-600, Sec. 2(b), 94 Stat. 3493; Oct. 14, 1981,
P.L. 97-60, Title II, Sec. 203(b)(2), 95 Stat. 1006; Oct.
12, 1982, P.L. 97-295, Sec. 1(44), 96 Stat. 1298; Sept. 24,
1983, P.L. 98-94, Title X, Part A, Sec. 1005(a)(2), (b)(2),
97 Stat. 660; Nov. 29, 1989,
[[Page 675]]
P.L. 101-189, Div. A, Title XVI, Part C, Sec. 1621(a)(1),
103 Stat. 1602; Nov. 5, P.L. 101-510, Div. A, Title V, Part
C, Sec. 532(b)(1), 104 Stat. 1563; Nov. 30, 1993, P.L. 103-
160, Div. A. Title V, Subtitle C, Sec. 531, 107 Stat. 1657;
Oct. 5, 1994, P.L. 103-337, Div. A, Title XVI, Subtitle C,
Sec. 1673(c)(2), 108 Stat. 3016; Feb. 10, 1996, P.L. 104-
106, Div. A, Title V, Subtitle D, Part I, Sec. 532(b), 110
Stat. 314; Nov. 18, 1997, P.L. 105-85, Div. A, Title X,
Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903.)
442.6
442.6 Sec. 6956. Midshipmen: nomination and selection to fill
vacancies.
(a) If the annual quota of midshipmen from--
(1) enlisted members of the Regular Navy and
the Regular Marine Corps;
(2) enlisted members of the Naval Reserve
and the Marine Corps Reserve; or
(3) at large by the President;
is not filled, the Secretary may fill the vacancies by
nominating for appointment other candidates from any of
these sources who were found best qualified on examination
for admission and not otherwise nominated.
(b) If it is determined that, upon the admission of a
new class to the Academy, the number of midshipmen at the
Academy will be below the authorized number, the Secretary
may fill the vacancies by nominating additional midshipmen
from qualified candidates designated as alternates and from
other qualified candidates who competed for nomination and
are recommended and found qualified by the Academic Board.
At least three-fourths of those nominated under this
subsection shall be from qualified alternates under clauses
(2) through (8) of section 6954(a) of this title, and the
remainder shall be from qualified candidates who competed
for appointment under any other provision of law. An
appointment of a nominee under this subsection is an
additional appointment and is not in place of an appointment
otherwise authorized by law.
(c) The failure of a member of a graduating class to
complete the course with his class does not delay the
appointment of his successor. (Aug. 10, 1956, ch. 1041, 70A
Stat. 430; March. 3, 1964, Pub. L. 88-276, Sec. 3, 78 Stat.
151; July 5, 1968, Pub. L. 90-374, 82 Stat. 283; Nov. 29,
1973, Pub. L. 93-171, Sec. 2(4), 87 Stat. 690; Oct. 7, 1975,
Pub. L. 94-106, Title VIII, Sec. 803(b)(2), 89 Stat. 538;
Oct. 14, 1981, Pub. L. 97-60, Title II, Sec. 206, 95 Stat.
1007; Nov. 5, 1990, Pub. L. 101-510, Sec. 1322(a), 104 Stat.
1671, Sec. 532(b), 104 Stat. 1563, 1671; Nov. 5, 1990, Pub.
L. 101-510, Sec. 532(b)(2), Sec. 1322(a)(14), 104 Stat.
1563, 1671.)
443
443 Sec. 6968. Board of Visitors.
(a) A Board of Visitors to the Naval Academy is
constituted annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
[[Page 676]]
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Navy, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the state of morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its action
and of its views and recommendations pertaining to the
Academy. Any report of a visit, other than the annual visit,
shall, if approved by a majority of the members of the
Board, be submitted to the President within 60 days after
the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
Board and each adviser shall be reimbursed under Government
travel regulations for his travel expenses. (Aug. 10, 1956,
ch. 1041, Sec. 1, 70A Stat. 434; Dec. 23, 1980, P.L. 96-579,
Sec. 13(b), 94 Stat. 3369; Feb. 10, 1996, P.L. 104-106, Div.
A, Title X, Subtitle F, Sec. 1061(c)(2), Title XV,
Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div.
A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 903.--UNITED STATES AIR FORCE ACADEMY
443.5
443.5 Sec. 9342. Cadets: appointment; numbers, territorial
distribution.
(a) The authorized strength of Air Force Cadets of the
Academy (determined for any year as of the day before the
last day of the academic year) is 4,000. Subject to that
limitation, Air Force Cadets are selected as follows:
(1) 65 cadets selected in order or merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated is binding upon the Secretary of the Air
Force.
[[Page 677]]
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
(6) Two cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
(8) Two cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) One cadet from American Samoa, nominated
by the Delegate in Congress from American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
residents representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay, other than those granted
retired pay under section 12731 of this
title (or under section 1331 of this title
as in effect before the effective date of
the Reserve Officer Personnel Management
Act);
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the Air
Force from enlisted members of the Regular Air
Force.
(3) 85 nominated by the Secretary of the Air
Force from enlisted members of reserve
components of the Air Force.
(4) 20 nominated by the Secretary of the Air
Force, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Air Force
Reserve Officers' Training Corps.
[[Page 678]]
(5) 150 selected by the Secretary of the Air
Force in order of merit (prescribed pursuant to
section 9343 of this title) from qualified
alternates nominated by persons named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as cadets
at the Academy children of persons who have been
awarded the Medal of Honor for acts performed
while in the armed forces.
(d) The Superintendent may nominate for
appointment each year 50 persons from the
country at large. Persons nominated under this
paragraph may not displace any appointment
authorized under clauses (2) through (9) of
subsection (a) and may not cause the total
strength of Air Force Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under
subsection (b)(1), (2), or (3) is not filled,
the Secretary may fill the vacancies by
nominating for appointment other candidates from
any of these sources who were found best
qualified on examination for admission and not
otherwise nominated.
(f) Each candidate for admission nominated
under clauses (3) through (9) of subsection (a)
must be domiciled in the State, or in the
congressional district, from which he is
nominated, or in the District of Columbia,
Puerto Rico, American Samoa, Guam, or the Virgin
Islands, if nominated from one of those places.
(g) The Secretary of the Air Force may limit
the number of cadets authorized to be appointed
under this section to the number that can be
adequately accommodated at the Academy as
determined by the Secretary after consulting
with the Committee on Armed Services of the
Senate and the Committee on Armed Services of
the House of Representatives, subject to the
following:
(1) Cadets chargeable to each nominating
authority named in subsection (a)(3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a)(3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
(3) If the Secretary limits the number of
appointments under subsection (b)(5),
appointment under subsection (b)(2)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(2);
(B) 27 appointments under subsection
(b)(3); and
(C) 13 appointments under subsection
(b)(4).
(4) The limitations provided for in this
subsection do not affect the operation of
subsection (e).
(h) The Secretary of the Air Force shall furnish to any
Member of Congress, upon the written request of such Member,
the name of the Congressman or other nominating authority
responsible for the nomination of any named or identified
person for appointment to the Academy.
(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of Air Force
Cadets, the Secretary of the Air Force may for any year
permit a variance in that limitation by not more than one
percent. In applying that limitation, and any
[[Page 679]]
such variance, the last day of an academic year shall be
considered to be graduation day.
(Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 563; Sept. 14,
1962, P.L. 87-663, Sec. 1(5), (6), 76 Stat. 547; March 3,
1964, P.L. 88-276, Sec. 4(1), 78 Stat. 151; Oct. 13, 1966,
P.L. 89-650, Sec. 1(1)-(3), (5), 80 Stat. 896; July 5, 1968,
P.L. 90-374, 82 Stat. 283; Oct. 22, 1968, P.L. 90-623,
Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, P.L. 91-405, Title
II, Sec. 204(c), 84 Stat. 852; Aug. 7, 1972, P.L. 92-365,
Sec. 1(3), 86 Stat. 505; Nov. 29, 1973, P.L. 93-171,
Sec. 3(1)-(4), 87 Stat. 690; Oct. 7, 1975, P.L. 94-106,
Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 12, 1980,
P.L. 96-513, Title V, Part B, Sec. 514(11), 94 Stat. 2935;
Dec. 4, 1980, P.L. 96-600, Sec. 2(c), 94 Stat. 3493; Oct.
14, 1981, P.L. 97-60, Title II, Sec. 203(c)(1), 95 Stat.
1006; Sept. 24, 1983, P.L. 98-94, Title X, Part A,
Sec. 1005(a)(3), (b)(3), 97 Stat. 660, 661; Nov. 29, 1989,
P.L. 101-189, Div. A, Title XVI, Part C, Sec. 1621(a)(1),
103 Stat. 1602; Nov. 5, 1990, P.L. 101-510, Div. A, Title V,
Part C, Sec. 532(c)(1), 104 Stat 1563; Nov. 30, 1993, P.L.
103-160, Div. A, Title V, Subtitle C, Sec. 531, 107 Stat.
1657; Oct. 5, 1994, P.L. 103-337, Div. A, Title XVI,
Subtitle D, Sec. 1674(c)(3), 108 Stat. 3017; Feb. 10, 1996,
P.L. 104-106, Div. A, Title V, Subtitle D, Part I,
Sec. 532(c), Title XV, Sec. 1502(a)(1), 110 Stat. 315, 502;
Nov. 18, 1997, P.L. 105-85, Div. A, Title X, Subtitle G,
Sec. 1073(a)(62), 111 Stat. 1903; Pub. L. 106-65, Div. A,
Title V, Sec. 531(b)(3), Title X, Sec. 1067(1), Oct. 5,
1999, 113 Stat. 602, 774.)
444
444 Sec. 9355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the Chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Air Force, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy which the Board decides to consider.
[[Page 680]]
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its
action, and of its views and recommendations pertaining to
the Academy. Any report of a visit, other than the annual
visit, shall, if approved by a majority of the members of
the Board, be submitted to the President within 60 days
after the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
board and each adviser be reimbursed under Government travel
regulations for his travel expenses. (Aug. 10, 1956, ch.
1041, Sec. 1, 70A Stat. 567; Dec. 23, 1980, P.L. 95-579,
Sec. 13(c), 94 Stat. 3369; Feb. 10, 1996, P.L. 104-106, Div
A, Title X, Subtitle F, Sec. 1061(e)(2), Title XV,
Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div.
A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 1013.--BUDGET INFORMATION AND ANNUAL REPORTS TO
CONGRESS
445
445 Sec. 10541. National Guard and reserve component equipment;
annual report to Congress.
(a) The Secretary of Defense shall submit to the
Congress each year, not later than February 15, a written
report concerning the equipment of the National Guard and
the reserve components of the armed forces for each of the
three succeeding fiscal years.
(b) Each report under this section shall include the
following:
(1) Recommendations as to the type and
quantity of each major item of equipment which
should be in the inventory of the Selected
Reserve of the Ready Reserve of each reserve
component of the armed forces.
(2) A statement of the quantity and average
age of each type of major item of equipment
which is expected to be physically available in
the inventory of the Selected Reserve of the
Ready Reserve of each reserve component as of
the beginning of each fiscal year covered by the
report.
(3) A statement of the quantity and cost of
each type of major item of equipment which is
expected to be procured for the Selective
Reserve of the Ready Reserve of each reserve
component from commercial sources or to be
transferred to each such Selected Reserve from
the active-duty components of the armed forces.
(4) A statement of the quantity of each type
of major item of equipment which is expected to
be retired, decommissioned, transferred, or
otherwise removed from the physical inventory of
the Selected Reserve of the Ready Reserve of
each reserve component and the plans for
replacement of that equipment.
(5) A listing of each major item of
equipment required by the Selected Reserve of
the Ready Reserve of each reserve component
indicating--
(A) the full war-time requirement of
that component for that item, shown in
accordance with deployment schedules and
requirements over successive 30-day periods
following mobilization;
(B) the number of each such item in the
inventory of the component;
[[Page 681]]
(C) a separate listing of each such item
in the inventory that is a deployable item
and is not the most desired item;
(D) the number of each such item
projected to be in the inventory at the end
of the third succeeding fiscal year; and
(E) the number of nondeployable items in
the inventory as a substitute for a required
major item of equipment.
(6) A narrative explanation of the plan of
the Secretary concerned to provide equipment
needed to fill the war-time requirement for each
major item of equipment to all units of the
Selected Reserve, including an explanation of
the plan to equip units of the Selected Reserve
that are short of major items of equipment at
the outset of war.
(7) For each item of major equipment
reported under paragraph (3) in a report for one
of the three previous years under this section
as an item expected to be procured for the
Selected Reserve or to be transferred to the
Selected Reserve, the quantity of such equipment
actually procured for or transferred to the
Selected Reserve.
(8) A statement of the current status of the
compatibility of equipment between Army reserve
components and active forces of the Army, the
effect of that level of incompatibility on
combat effectiveness, and a plan to achieve full
equipment compatibility.
(c) Each report under this section shall be expressed in
the same format and with the same level of detail as the
information presented in the annual Five Year Defense
Program Procurement Annex prepared by the Department of
Defense. (Added Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990,
104 Stat. 1714 [former Sec. 115(a)(2), (3)]; amended Pub. L.
102-484, Sec. 1134, Oct. 23, 1992, 106 Stat. 2541;
transferred, redesignated Sec. 10541, and amended Pub. L.
103-337, Sec. 1661(d)(2), Oct. 5, 1994, 108 Stat. 2982.)
[[Page 682]]
TITLE 12.--BANKS AND BANKING
Chapter 3.--FEDERAL RESERVE SYSTEM
445
445 Sec. 303. Qualifications and disabilities [of members of
Board of Governors of Federal Reserve System].
No Senator * * * shall be a member of the Board of
Governors of the Federal Reserve System or an officer or a
director of a Federal Reserve bank. * * * (Dec. 23, 1913,
ch. 6, Sec. 4, 38 Stat. 255; Aug. 23, 1935, ch. 614,
Sec. 203(a), 49 Stat. 704.)
[[Page 683]]
TITLE 14.--COAST GUARD
Chapter 9.--COAST GUARD ACADEMY
446
446 Sec. 194. Annual Board of Visitors.
(a) In addition to the Advisory Committee, a Board of
Visitors to the Academy is established to visit the Academy
annually and to make recommendations on the operation of the
Academy.
(b) The Board shall be composed of--
(1) two Senators designated by the Chairman
of the Committee on Commerce, Science, and
Transportation of the Senate;
(2) three Members of the House of
Representatives designated by the Chairman of
the Committee on Merchant Marine and Fisheries
of the House of Representatives;
(3) one Senator designated by the President
of the Senate;
(4) two Members of the House of
Representatives designated by the Speaker of the
House of Representatives; and
(5) the Chairman of the Committee on
Commerce, Science, and Transportation of the
Senate and the Chairman of the Committee on
Merchant Marine and Fisheries of the House of
Representatives, as ex offico Members.
(c) When a Member is unable to attend the annual meeting
another Member may be designated as provided under
subsection (b).
(d) When an ex officio Member is unable to attend the
annual meeting that Member may designate another Member.
(e) Members of the Board shall be designated in the
First Session and serve for the duration of the Congress.
(f) The Board shall visit the Academy annually on the
date chosen by the Secretary. Each Member of the Board shall
be reimbursed, to the extent permitted by law, by the Coast
Guard for actual expenses incurred while engaged in duties
as a Member of the Board. (Aug. 4, 1949, ch. 393, Sec. 1, 63
Stat. 510; Nov. 16, 1990, Pub. L. 101-595, Sec. 304, 104
Stat. 2984.)
[[Page 684]]
TITLE 15.--COMMERCE AND TRADE
Chapter 21.--NATIONAL POLICY ON EMPLOYMENT
446.5
446.5 Sec. 1022. Economic Report of President; coverage;
supplementary reports; reference to congressional joint
committee; percentage rate of unemployment; definitions.
(a) The President shall annually transmit to the
Congress not later than 10 days after the submission of the
budget under section 1105(a) of title 31, United States
Code, with copies transmitted to the Governor of each State
and to other appropriate State and local officials, an
economic report (hereinafter in this chapter referred to as
the ``Economic Report'') together with the annual report of
the Council of Economic Advisers submitted in accord with
section 1023(c) of this title, setting forth--
(1) the current and foreseeable trends in
the levels of employment, unemployment,
production, capital formation, real income,
Federal budget outlays and receipts,
productivity, international trade and payments,
and prices, and a review and analysis of recent
domestic and international developments
affecting economic trends in the Nation;
(2)(A) annual numerical goals for employment
and unemployment, production, real income,
productivity, Federal outlays as a proportion of
gross national product, and prices for the
calendar year in which the Economic Report is
transmitted and for the following calendar year,
designated as short-term goals, which shall be
consistent with achieving as rapidly as feasible
the goals of full employment and production,
increased real income, balanced growth, fiscal
policies that would establish the share of an
expanding gross national product accounted for
by Federal outlays at the lowest level
consistent with national needs and priorities, a
balanced Federal budget, adequate productivity
growth, price stability, achievement of an
improved trade balance, and proper attention to
national priorities; and
(B) annual numerical goals as specified in
subparagraph (A) for the three successive
calendar years, designated as medium term goals;
(3) employment objectives for certain
significant subgroups of the labor force,
including youth, women, minorities, handicapped
persons, veterans, and middle-aged and older
persons; and
(4) a program for carrying out the policy
declared in section 1021 of this title, together
with such recommendations for legislation as the
President may deem necessary or desirable.
(b) The President may transmit from time to time to the
Congress reports supplementary to the Economic Report, each
of which shall include such supplementary or revised
recommendations as he may deem necessary or desirable to
achieve the policy declared in section 1021 of this title.
[[Page 685]]
(c) The Economic Report, and all supplementary reports
transmitted under subsection (b) of this section, shall,
when transmitted to Congress, be referred to the joint
committee created by section 1024 of this title.
(d) For the purposes of the Full Employment and Balanced
Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the
percentage rate of unemployment as a percentage of the
civilian labor force as set forth by the Bureau of Labor
Statistics in the Department of Labor as computed under the
procedures in effect as of October 27, 1978.
(e) For the purpose of the Full Employment and Balanced
Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the
terms ``inflation'', ``prices'', and ``reasonable price
stability'' refer to the rate of change or level of the
consumer price index as set forth by the Bureau of Labor
Statistics, United States Department of Labor. (Feb. 20,
1946, ch. 33, Sec. 3, 60 Stat. 24; Aug. 2, 1946, ch. 753,
Sec. 226, 60 Stat. 838; June 18, 1956, ch. 399, Sec. 1, 70
Stat. 289; Oct. 27, 1978, Pub. L. 95-523, Sec. 103, 92 Stat.
1892; May 10, 1979, Pub. L. 96-10, Sec. 6(d), 93 Stat. 24;
Nov. 5, 1990, Pub. L. 101-508, Title XIII, Sec. 13112(e),
104 Stat. 1388.)
447
447 Sec. 1024. Joint Economic Committee.
447.1
447.1 (a) There is established a Joint Economic Committee, to
be composed of ten Members of the Senate, to be appointed by
the President of the Senate, and ten Members of the House of
Representatives, to be appointed by the Speaker of the House
of Representatives. In each case, the majority party shall
be represented by six Members and the minority party shall
be represented by four Members.
447.2
447.2 (b) It shall be the function of the joint committee--
(1) to make a continuing study of matters
relating to the Economic Report;
(2) to study means of coordinating programs
in order to further the policy of this chapter;
and
(3) as a guide to the several committees of
the Congress dealing with legislation relating
to the Economic Report, not later than March 1
of each year (beginning with the year 1947) to
file a report with the Senate and the House of
Representatives containing its findings and
recommendations with respect to each of the main
recommendations made by the President in the
Ecomonic Report, and from time to time to make
such other reports and recommendations to the
Senate and House of Representatives as it deems
advisable.
447.3
447.3 (c) Vacancies in the membership of the joint committee
shall not affect the power of the remaining members to
execute the functions of the joint committee, and shall be
filled in the same manner as in the case of the original
selection. The joint committee shall select a chairman and a
vice chairman from among its members.
447.4
447.4 (d) The joint committee, or any duly authorized
subcommittee thereof, is authorized to hold such hearings as
it deems advisable, and, within the limitations of its
appropriations, the joint committee is empowered to appoint
and fix the compensation of such experts, consultants,
technicians, and clerical and stenographic assistants, to
procure such printing and binding, and to make such
expenditures, as it deems necessary and advisable. The cost
of stenographic services to report hearings of the joint
committee, or any subcommittee thereof, shall not exceed 25
cents per hundred words. The joint committee is authorized
to utilize
[[Page 686]]
the services, information, and facilities of the departments
and establishments of the Government, and also of private
research agencies.
447.5
447.5 (e) To enable the joint committee to exercise its
powers, functions, and duties there are authorized to be
appropriated for each fiscal year such sums as may be
necessary, to be disbursed by the Secretary of the Senate on
vouchers signed by the chairman or vice chairman, except
that vouchers shall not be required for the disbursement of
salaries of employees paid at an annual rate.
447.6
447.6 (f) Service of one individual, until the completion of
the investigation authorized by Senate Concurrent Resolution
26, Eighty-first Congress, as an attorney or expert for the
joint committee, in any business or professional field, on a
part-time basis, with or without compensation, shall not be
considered as service or employment bringing such individual
within the provisions of sections 281, 283, or 284 of title
18, or of any other Federal law imposing restrictions,
requirements, or penalties in relation to the employment of
persons, the performance of services, or the payment or
receipt of compensation in connection with any claim,
proceeding, or matter involving the United States. (Feb. 20,
1946, ch. 33, Sec. 5, 60 Stat. 25; Aug. 2, 1946, ch. 753,
Sec. 225, 60 Stat. 838; Feb. 2, 1948, ch. 42, 62 Stat. 16,
Oct. 6, 1949, ch. 627, Secs. 1, 2, 63 Stat. 721; June 18,
1956, ch. 399, Sec. 2, 70 Stat. 290; Feb. 17, 1959, Pub. L.
86-1, 73 Stat. 3; Oct. 13, 1964, Pub. L. 88-661, 78 Stat.
1093; Jan. 25, 1967, Pub. L. 90-2, 81 Stat. 4; Dec. 27,
1974, Pub. L. 93-554, Sec. 101, 88 Stat. 1776.) (Note:
Section 5 of act of February 20, 1946, ch. 33, 60 Stat. 25
was redesignated Section 11 by Pub. L. 95-523, Title I,
Sec. 104, Oct. 27, 1978, 92 Stat. 1893.)
448
448 Sec. 1025. Same; printing of monthly publication entitled
``Economic Indicators''; distribution.
The Joint Economic Committee is authorized to issue a
monthly publication entitled ``Economic Indicators'', and a
sufficient quantity shall be printed to furnish one copy to
each Member of Congress; the Secretary and the Sergeant at
Arms of the Senate; the Clerk, Sergeant at Arms, and Chief
Administrative Officer of the House of Representatives; two
copies to the libraries of the Senate and House, and the
Congressional Library; seven hundred copies to the Joint
Economic Committee; and the required number of copies to the
Superintendent of Documents for distribution to depository
libraries; and the Superintendent of Documents is authorized
to have copies printed for sale to the public. (June 23,
1949, ch. 237, 63 Stat. 264; Pub. L. 104-186, Title II,
Sec. 217, Aug. 20, 1996, 110 Stat. 1747.)
[[Page 687]]
TITLE 18.--CRIMES AND CRIMINAL PROCEDURE
Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
450
450 Sec. 201. Bribery of public officials and witnesses.
(a) For the purpose of this section--
(1) the term ``public official'' means
Member of Congress, Delegate, or Resident
Commissioner, either before or after such
official has qualified, or an officer or
employee or person acting for or on behalf of
the United States, or any department, agency or
branch of Government thereof, including the
District of Columbia, in any official function,
under or by authority of any such department,
agency, or branch of Government, or a juror;
(2) the term ``person who has been selected
to be a public official'' means any person who
has been nominated or appointed to be a public
official, or has been officially informed that
such person will be so nominated or appointed;
and
(3) the term ``official act'' means any
decision or action on any question, matter,
cause, suit, proceeding or controversy, which
may at any time be pending, or which may by law
be brought before any public official, in such
official's official capacity, or in such
official's place of trust or profit.
(b) Whoever--
(1) directly or indirectly, corruptly gives,
offers or promises anything of value to any
public official or person who has been selected
to be a public official, or offers or promises
any public official or any person who has been
selected to be a public official to give
anything of value to any other person or entity,
with intent--
(A) to influence any official act; or
(B) to influence such public official or
person who has been selected to be a public
official to commit or aid in committing, or
collude in, or allow, any fraud, or make
opportunity for the commission of any fraud,
on the United States; or
(C) to induce such public official or
such person who has been selected to be a
public official to do or omit to do any act
in violation of the lawful duty of such
official or person;
(2) being a public official or person
selected to be a public official, directly or
indirectly, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything
of value personally or for any other person or
entity, in return for--
(A) being influenced in the performance
of any official act;
(B) being influenced to commit or aid in
committing, or to collude in, or allow, any
fraud, or make opportunity for the
commission of any fraud, on the United
States; or
(C) being induced to do or omit to do
any act in violation of the official duty of
such official or person;
(3) directly or indirectly, corruptly gives,
offers, or promises anything of value to any
person, or offers or promises such person
[[Page 688]]
to give anything of value to any other person or
entity, with intent to influence the testimony
under oath or affirmation of such first-
mentioned person as a witness upon a trial,
hearing, or other proceeding, before any court,
any committee of either House or both Houses of
Congress, or any agency, commission, or officer
authorized by the laws of the United States to
hear evidence or take testimony, or with intent
to influence such person to absent himself
therefrom;
(4) directly or indirectly, corruptly
demands, seeks, receives, accepts, or agrees to
receive or accept anything of value personally
or for any other person or entity in return for
being influenced in testimony under oath or
affirmation as a witness upon any such trial,
hearing, or other proceeding, or in return for
absenting himself therefrom;
shall be fined under this title or not more than three times
the monetary equivalent of the thing of value, whichever is
greater, or imprisoned for not more than fifteen years, or
both, and may be disqualified from holding any office of
honor, trust, or profit under the United States.
(c) Whoever--
(1) otherwise than as provided by law for
the proper discharge of official duty--
(A) directly or indirectly gives,
offers, or promises anything of value to any
public official, former public official, or
person selected to be a public official, for
or because of any official act performed or
to be performed by such public official,
former public official, or person selected
to be a public official; or
(B) being a public official, former
public official, or person selected to be a
public official, otherwise than as provided
by law for the proper discharge of official
duty, directly or indirectly demands, seeks,
receives, accepts, or agrees to receive or
accept anything of value personally for or
because of any official act performed or to
be performed by such official or person;
(2) directly or indirectly, gives, offers,
or promises anything of value to any person, for
or because of the testimony under oath or
affirmation given or to be given by such person
as a witness upon a trial, hearing, or other
proceeding, before any court, any committee of
either House or both Houses of Congress, or any
agency, commission, or officer authorized by the
laws of the United States to hear evidence or
take testimony, or for or because of such
person's absence therefrom;
(3) directly or indirectly, demands, seeks,
receives, accepts, or agrees to receive or
accept anything of value personally for or
because of the testimony under oath or
affirmation given or to be given by such person
as a witness upon any such trial, hearing, or
other proceeding, or for or because of such
person's absence therefrom;
shall be fined under this title or imprisoned for not more
than two years, or both.
(d) Paragraphs (3) and (4) of subsection (b) and
paragraphs (2) and (3) of subsection (c) shall not be
construed to prohibit the payment or receipt of witness fees
provided by law, or the payment, by the party upon whose
behalf a witness is called and receipt by a witness, of the
reasonable cost of travel and subsistence incurred and the
reasonable value of time lost in attendance at any such
trial, hearing, or
[[Page 689]]
proceeding, or in the case of expert witnesses, a reasonable
fee for time spent in the preparation of such opinion, and
in appearing and testifying.
(e) The offenses and penalties prescribed in this
section are separate from and in addition to those
prescribed in sections 1503, 1504, and 1505 of this title.
(Oct. 23, 1962; Pub. L. 87-849, Sec. 1(a), 76 Stat. 1119,
and amended Pub. L. 91-405, Title II, Sec. 204(d)(1), Sept.
22, 1970, 84 Stat. 853; Pub. L. 99-646, Sec. 46(a), Nov. 10,
1986, 100 Stat. 3601-3604; Sept. 13, 1994, Pub. L. 103-322,
Sec. 330016(2)(D), 108 Stat. 2148.)
451
451 Sec. 202. Definitions.
(a) For the purpose of sections 203, 205, 207, 208, and
209 of this title the term ``special Government employee''
shall mean an officer or employee of the executive or
legislative branch of the United States Government, of any
independent agency of the United States or of the District
of Columbia, who is retained, designated, appointed, or
employed to perform, with or without compensation, for not
to exceed one hundred and thirty days during any period of
three hundred and sixty-five consecutive days, temporary
duties either on a full-time or intermittent basis, or a
part-time United States commissioner, a part-time United
States magistrate, or, regardless of the number of days of
appointment, an independent counsel appointed under chapter
40 of title 28 and any person appointed by that independent
counsel under section 594(c) of title 28. Notwithstanding
the next preceding sentence, every person serving as a part-
time local representative of a Member of Congress in the
Member's home district or State shall be classified a
special Government employee. Notwithstanding section 29 (c)
and (d) of the Act of August 10, 1956 (70A Stat. 632; 5
U.S.C. 30r (c) and (d)),\1\ a Reserve Officer of the Armed
Forces, or an officer of the National Guard of the United
States, unless otherwise an officer or employee of the
United States, shall be classified as a special Government
employee while on active duty solely for training. A Reserve
officer of the Armed Forces or an officer of the National
Guard of the United States who is voluntarily serving a
period of extended active duty in excess of one hundred and
thirty days shall be classified as an officer of the United
States within the meaning of section 203 and sections 205
through 209 and 218. A Reserve officer of the Armed Forces
or an officer of the National Guard of the United States who
is serving involuntarily shall be classified as a special
Government employee. The terms ``officer or employee'' and
``special Government employee'' as used in sections 203,
205, 207 through 209, and 218, shall not include enlisted
members of the Armed Forces.
\1\ Section 30r (c) and (d) of title 5, United States
Code, is now contained in sections 502, 2105(d), and
5534 of that title.
(b) For the purposes of sections 205 and 207 of this
title, the term ``official responsibility'' means the direct
administrative or operating authority, whether intermediate
or final, and either exercisable alone or with others, and
either personally or through subordinates, to approve,
disapprove, or otherwise direct Government action.
(c) Except as otherwise provided in such sections, the
terms ``officer'' and ``employee'' in sections 203, 205, 207
through 209, and 218 of this title shall not include the
President, the Vice President, a Member of Congress, or a
Federal judge.
[[Page 690]]
(d) The term ``Member of Congress'' in sections 204 and
207 means--
(1) A United States Senator; and
(2) a Representative in, or a Delegate or
Resident Commissioner to, the House of
Representatives.
(e) As used in this chapter, the term--
(1) ``executive branch'' includes each
executive agency as defined in title 5, and any
other entity or administrative unit in the
executive branch;
(2) ``judicial branch'' means the Supreme
Court of the United States; the United States
courts of appeals; the United States district
courts; the Court of International Trade; the
United States bankruptcy courts; any court
created pursuant to article I of the United
States Constitution, including the Court of
Appeals for the Armed Forces, the United States
Court of Federal Claims, and the United States
Tax Court, but not including a court of a
territory or possession of the United States;
the Federal Judicial Center, and any other
agency, office, or entity in the judicial
branch; and
(3) ``legislative branch'' means--
(A) the Congress; and
(B) the Office of the Architect of the
Capitol, the United States Botanic Garden,
the General Accounting Office, the
Government Printing Office, the Library of
Congress, the Office of Technology
Assessment, the Congressional Budget Office,
the United States Capitol Police, and any
other agency, entity, office, or commission
established in the legislative branch. (June
25, 1948, ch. 645, Sec. 1, 62 Stat. 691;
Oct. 23, 1962, Pub. L. 87-849, 76 Stat.
1121; Oct. 17, 1968, Pub. L. 90-578,
Sec. 301(b), 82 Stat. 1115; Pub. L. 100-191,
Sec. 3(a), Dec. 15, 1987, 101 Stat. 1306;
Pub. L. 101-194, Title IV, Sec. 401, Nov.
30, 1989, 103 Stat. 1747; Pub. L. 101-280,
Sec. 5(a), May 4, 1990, 104 Stat. 158; Pub.
L. 102-572, Sec. 902(b)(1), Oct. 29, 1992,
106 Stat. 4516; Pub. L. 103-337,
Sec. 924(d)(1), Oct. 5, 1994, 108 Stat.
2832.)
452
452 Sec. 203. Compensation to Members of Congress, officers, and
others in matters affecting the Government.
(a) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational services, as agent or
attorney or otherwise, services rendered or to
be rendered either personally or by another--
(A) at a time when such person is a
Member of Congress, Member of Congress
Elect, Delegate, Delegate Elect, Resident
Commissioner, or Resident Commissioner
Elect; or
(B) at a time when such person is an
officer or employee or Federal judge of the
United States in the executive, legislative,
or judicial branch of the Government, or in
any agency of the United States,
in relation to any proceeding, application, request
for a ruling or other determination, contract,
claim, controversy, charge, accusation, arrest, or
other particular matter in which the United States
is a party or has a direct and substantial interest,
before any department, agency, court, court-martial,
officer, or any civil, military, or naval
commission; or
[[Page 691]]
(2) knowingly gives, promises, or offers any
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation is
given, promised, or offered, is or was such a
Member, Member Elect, Delegate, Delegate Elect,
Commissioner, Commissioner Elect, Federal judge,
officer, or employee;
shall be subject to the penalties set forth in section 216
of this title.
(b) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational services, as agent or
attorney or otherwise, rendered or to be
rendered either personally or by another, at a
time when such person is an officer or employee
of the District of Columbia, in relation to any
proceeding, application, request for a ruling or
other determination, contract, claim,
controversy, charge, accusation, arrest, or
other particular matter in which the District of
Columbia is a party or has a direct and
substantial interest, before any department,
agency, court, officer, or commission; or
(2) knowingly gives, promises, or offers any
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation is
given, promised, or offered, is or was an
officer or employee of the District of Columbia;
shall be subject to the penalties set forth in section 216
of this title.
(c) A special Government employee shall be subject to
subsection (a) only in relation to a particular matter
involving a specific party or parties--
(1) in which such employee has at any time
participated personally and substantially as a
Government employee or as a special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation or otherwise; or
(2) which is pending in the department or
agency of the Government in which such employee
is serving except that paragraph (2) of this
subsection shall not apply in the case of a
special Government employee who has served in
such department or agency no more than sixty
days during the immediately preceding period of
three hundred and sixty-five consecutive days.
(d) Nothing in this section prevents an officer or
employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for or otherwise representing his parents, spouse, child, or
any person for whom, or for any estate for which, he is
serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or as a special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, or otherwise; or
(2) in those matters that are the subject of
his official responsibility,
subject to approval by the Government official responsible
for appointment to his position.
[[Page 692]]
(e) Nothing in this section prevents a special
Government employee from acting as agent or attorney for
another person in the performance of work under a grant by,
or a contract with or for the benefit of, the United States
if the head of the department or agency concerned with the
grant or contract certifies in writing that the national
interest so requires and publishes such certification in the
Federal Register.
(f) Nothing in this section prevents an individual from
giving testimony under oath or from making statements
required to be made under penalty of perjury. (Oct. 23,
1962, Pub. L. 87-849, Sec. 1(a), 76 Stat. 1121, and amended
Pub. L. 91-405, Title II, Sec. 204(d)(2), (3), Sept. 22,
1970, 84 Stat. 853; Pub. L. 99-646, Sec. 47(a), Nov. 10,
1986, 100 Stat. 3604, 3605; Pub. L. 101-194, Title IV,
Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub. L. 101-280,
Sec. 5(b), May 4, 1990, 104 Stat. 159.)
453
453 Sec. 204. Practice in United States Court of Federal Claims
or the United States Court of Appeals for the Federal
Circuit by Members of Congress.
Whoever, being a Member of Congress or Member of
Congress Elect, practices in the United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit shall be subject to the penalties set forth
in section 216 of this title. (June 25, 1948, ch. 645, 62
Stat. 697; Oct. 23, 1962; Pub. L. 87-849, 76 Stat. 1122;
Sept. 22, 1970; Pub. L. 91-405, Sec. 204(d), 84 Stat. 853;
Pub. L. 97-164, Sec. 147, Apr. 2, 1982, 96 Stat. 45; Pub. L.
101-194, Title IV, Sec. 403, Nov. 30, 1989, 103 Stat. 1749;
Pub. L. 102-572, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
4516.)
454
454 Sec. 205. Activities of officers and employees in claims
against and other matters affecting the Government.
(a) Whoever, being an officer or employee of the United
States in the executive, legislative, or judicial branch of
the Government or in any agency of the United States, other
than in the proper discharge of his official duties--
(1) acts as agent or attorney for
prosecuting any claim against the United States,
or receives any gratuity, or any share of or
interest in any such claim, in consideration of
assistance in the prosecution of such claim; or
(2) acts as agent or attorney for anyone
before any department, agency, court, court-
martial, officer, or civil, military, or naval
commission in connection with any covered matter
in which the United States is a party or has a
direct and substantial interest;
shall be subject to the penalties set forth in section 216
of this title.
(b) Whoever, being an officer or employee of the
District of Columbia or an officer or employee of the Office
of the United States Attorney for the District of Columbia,
otherwise than in the proper discharge of official duties--
(1) acts as agent or attorney for
prosecuting any claim against the District of
Columbia, or receives any gratuity, or any share
of or interest in any such claim in
consideration of assistance in the prosecution
of such claim; or
(2) acts as agent or attorney for anyone
before any department, agency, court, officer,
or commission in connection with any covered
matter in which the District of Columbia is a
party or has a direct and substantial interest;
[[Page 693]]
shall be subject to the penalties set forth in section 216
of this title.
(c) A special Government employee shall be subject to
subsections (a) and (b) only in relation to a covered matter
involving a specific party or parties--
(1) in which he has at any time participated
personally and substantially as a Government
employee or special Government employee through
decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or
otherwise; or
(2) which is pending in the department or
agency of the Government in which he is serving.
Paragraph (2) shall not apply in the case of a special
Government employee who has served in such department or
agency no more than sixty days during the immediately
preceding period of three hundred and sixty-five consecutive
days.
(d)(1) Nothing in subsection (a) or (b) prevents an
officer or employee, if not inconsistent with the faithful
performance of that officer's or employee's duties, from
acting without compensation as agent or attorney for, or
otherwise representing--
(A) any person who is the subject of
disciplinary, loyalty, or other personnel
administration proceedings in connection with
those proceedings; or
(B) except as provided in paragraph (2), any
cooperative, voluntary, professional,
recreational, or similar organization or group
not established or operated for profit, if a
majority of the organization's or group's
members are current officers or employees of the
United States or of the District of Columbia, or
their spouses or dependent children.
(2) Paragraph (1)(B) does not apply with respect to a
covered matter that--
(A) is a claim under subsection (a)(1) or
(b)(1);
(B) is a judicial or administrative
proceeding where the organization or group is a
party; or
(C) involves a grant, contract, or other
agreement (including a request for any such
grant, contract, or agreement) providing for the
disbursement of Federal funds to the
organization or group.
(e) Nothing in subsection (a) or (b) prevents an officer
or employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for, or otherwise representing, his parents, spouse, child,
or any person for whom, or for any estate for which, he is
serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, or otherwise, or
(2) in those matters which are the subject
of his official responsibility,
subject to approval by the Government official responsible
for appointment to his position.
(f) Nothing in subsection (a) or (b) prevents a special
Government employee from acting as agent or attorney for
another person in the performance of work under a grant by,
or a contract with or for the benefit of, the United States
if the head of the department or agency
[[Page 694]]
concerned with the grant or contract certifies in writing
that the national interest so requires and publishes such
certification in the Federal Register.
(g) Noting in this section prevents an officer or
employee from giving testimony under oath or from making
statements required to be made under penalty for perjury or
contempt.
(h) For the purpose of this section, the term ``covered
matter'' means any judicial or other proceeding,
application, request for a ruling or other determination,
contract, claim, controversy, investigation, charge,
accusation, arrest, or other particular matter.
(i) Nothing in this section prevents an employee from
acting pursuant to--
(1) chapter 71 of title 5;
(2) section 1004 or chapter 12 of title 39;
(3) section 3 of the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831b);
(4) chapter 10 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4104 et seq.); or
(5) any provision of any other Federal or
District of Columbia law that authorizes labor-
management relations between an agency or
instrumentality of the United States or the
District of Columbia and any labor organization
that represents its employees.
(Added Pub. L. 87-849, Sec. 1(a), October 23, 1962, 76 Stat.
1122, and amended Pub. L. 101-194, Title IV, Sec. 404, Nov.
30, 1989, 103 Stat. 1750; Pub. L. 101-280, Sec. 5(c), May 4,
1990, 104 Stat. 159; Pub. L. 104-177, Sec. 2, Aug. 6, 1996,
110 Stat. 1563.)
455
455 Sec. 210. Offer to procure appointive public office.
Whoever pays or offers or promises any money or thing of
value to any person, firm, or corporation in consideration
of the use or promise to use any influence to procure any
appointive office or place under the United States for any
person, shall be fined under this title or imprisoned not
more than one year, or both. (June 25, 1948, ch. 645,
Sec. 1, 62 Stat. 694; Oct. 23, 1962, Pub. L. 87-849,
Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub. L. 103-322,
Sec. 330016 (1)(H), 108 Stat. 2147.)
456
456 Sec. 211. Acceptance or solicitation to obtain appointive
public office.
Whoever solicits or receives, either as a political
contribution, or for personal emolument, any money or thing
of value, in consideration of the promise of support or use
of influence in obtaining for any person any appointive
office or place under the United States, shall be fined not
more than $1,000 or imprisoned not more than one year, or
both.
Whoever solicits or receives any thing of value in
consideration of aiding a person to obtain employment under
the United States either by referring his name to an
executive department or agency of the United States or by
requiring the payment of a fee because such person has
secured such employment shall be fined under this title or
imprisoned not more than one year, or both. This section
shall not apply to such services rendered by an employment
agency pursuant to the written request of an executive
department or agency of the United States. (June 25, 1948,
ch. 645, Sec. 1, 62 Stat. 694; Sept. 13, 1951, ch. 380, 65
Stat. 320; Oct. 23, 1962, Pub. L. 87-849, Sec. 1(b), 76
Stat. 1125; Sept. 13, 1994, Pub. L. 103-322,
Sec. 330016(1)(H), 108 Stat. 2147.)
[[Page 695]]
Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT
ASSASSINATION, KIDNAPPING, AND ASSAULT
458
458 Sec. 351. Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault; penalties.
(a) Whoever kills any individual who is a Member of
Congress or a Member-of-Congress-elect, a member of the
executive branch of the Government who is the head, or a
person nominated to be head during the pendency of such
nomination, of a department listed in section 101 of title 5
or the second ranking official in such department, the
Director (or a person nominated to be Director during the
pendency of such nomination) or Deputy Director of Central
Intelligence, a major Presidential or Vice Presidential
candidate (as defined in section 3056 of this title), or a
Justice of the United States, as defined in section 451 of
title 28, or a person nominated to be a Justice of the
United States, during the pendency of such nomination, shall
be punished as provided by sections 1111 and 1112 of this
title.
(b) Whoever kidnaps any individual designated in
subsection (a) of this section shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(c) Whoever attempts to kill or kidnap any individual
designated in subsection (a) of this section shall be
punished by imprisonment for any term of years or for life.
(d) If two or more persons conspire to kill or kidnap
any individual designated in subsection (a) of this section
and one or more of such persons do any act to effect the
object of the conspiracy, each shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(e) Whoever assaults any person designated in subsection
(a) of this section shall be fined under this title, or
imprisoned not more than one year, or both; and if the
assault involved the use of a dangerous weapon, or personal
injury results, shall be fined under this title, or
imprisoned not more than ten years, or both.
(f) If Federal investigative or prosecutive jurisdiction
is asserted for a violation of this section, such assertion
shall suspend the exercise of jurisdiction by a State or
local authority, under any applicable State or local law,
until Federal action is terminated.
(g) Violations of this section shall be investigated by
the Federal Bureau of Investigation. Assistance may be
requested from any Federal, State, or local agency,
including the Army, Navy, and Air Force, any statute, rule,
or regulation to the contrary notwithstanding.
(h) In a prosecution for an offense under this section
the Government need not prove that the defendant knew that
the victim of the offense was an individual protected by
this section.
(i) There is extraterritorial jurisdiction over the
conduct prohibited by this section. (Added Pub. L. 91-644,
Title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended
Pub. L. 97-285, Secs. 1, 2(a), Oct. 6, 1982, 96 Stat. 1219;
Pub. L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614;
Pub. L. 100-690, Title VII, Sec. 7074, Nov. 18, 1988, 102
Stat. 4405; Pub. L. 103-322, Title XXXII, Sec. 320101(d),
Title XXXIII, Secs. 330016(1)(K),
[[Page 696]]
(L), 330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150;
Pub. L. 104-294, Title VI, Sec. 604(b)(12)(C), (c)(2), Oct.
11, 1996, 110 Stat. 3507, 3509.)
Chapter 23.--CONTRACTS
460
460 Sec. 431. Contracts by Member of Congress.
Whoever, being a Member of or Delegate to Congress, or a
Resident Commissioner, either before or after he has
qualified, directly or indirectly, himself, or by any other
person in trust for him, or for his use or benefit, or on
his account, undertakes, executes, holds, or enjoys, in
whole or in part, any contract or agreement, made or entered
into in behalf of the United States or any agency thereof,
by any officer or person authorized to make contracts on its
behalf, shall be fined under this title.
All contracts or agreements made in violation of this
section shall be void; and whenever any sum of money is
advanced by the United States or any agency thereof, in
consideration of any such contract or agreement, it shall
forthwith be repaid; and in case of failure or refusal to
repay the same when demanded by the proper officer of the
department or agency under whose authority such contract or
agreement shall have been made or entered into, suit shall
at once be brought against the person so failing or refusing
and his sureties for the recovery of the money so advanced.
(June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Oct. 31,
1951, ch. 655, Sec. 19, 65 Stat. 717; Sept. 13, 1994, Pub.
L. 103-322, Sec. 330016(1)(J), 108 Stat. 2147.)
461
461 Sec. 432. Officer or employee contracting with Member of
Congress.
Whoever, being an officer or employee of the United
States, on behalf of the United States or any agency
thereof, directly or indirectly makes or enters into any
contract, bargain, or agreement, with any Member of or
Delegate to Congress, or any Resident Commissioner, either
before or after he has qualified, shall be fined under this
title. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Sept.
13, 1994, Pub. L. 103-322, Sec. 330016(1)(J), 108 Stat.
2147.)
462
462 Sec. 433. Exemptions with respect to certain contracts.
Sections 431 and 432 of this title shall not extend to
any contract or agreement made or entered into, or accepted
by any incorporated company for the general benefit of such
corporation; nor to the purchase or sale of bills of
exchange or other property where the same are ready for
delivery and payment therefor is made at the time of making
or entering into the contract or agreement. Nor shall the
provisions of such section apply to advances, loans,
discounts, purchase or repurchase agreements extensions, or
renewals thereof, or acceptances, releases or substitutions
of security therefor or other contracts or agreements made
or entered into under the Reconstruction Finance Corporation
Act, the Agricultural Adjustment Act, the Federal Farm Loan
Act, the Emergency Farm Mortgage Act of 1933, the Farm
Credit Act of 1933, or the Home Owners Loan Act of 1933, the
Farmers' Home Administration Act of 1946, the Bankhead-Jones
Farm Tenant Act, or to crop insurance agreements or
contracts or agreements of a kind which the Secretary of
Agriculture may enter into with farmers.
[[Page 697]]
Any exemption permitted by this section shall be made a
matter of public record. (June 25, 1948, ch. 645, Sec. 1, 62
Stat. 703; Oct. 4, 1961, Pub. L. 87-353, Sec. 3(o), 75 Stat.
774.)
Chapter 29.--ELECTIONS AND POLITICAL ACTIVITIES
Sec. 591. (Repealed.)
462.1-1
462.1-1 Sec. 594. Intimidation of voters.
Whoever intimidates, threatens, coerces, or attempts to
intimidate, threaten, or coerce, any other person for the
purpose of interfering with the right of such other person
to vote or to vote as he may choose, or of causing such
other person to vote for, or not to vote for, any candidate
for the office of President, Vice President, Presidential
elector, Member of the Senate, Member of the House of
Representatives, Delegate from the District of Columbia, or
Resident Commissioner, at any election held solely or in
part for the purpose of electing such candidate, shall be
fined under this title or imprisoned not more than one year,
or both. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22,
1970, Pub. L. 91-405, Title II, Sec. 204(d)(5), 84 Stat.
853; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108
Stat. 2147.)
462.1-2
462.1-2 Sec. 595. Interference by administrative employees of
Federal, State, or Territorial Governments.
Whoever, being a person employed in any administrative
position by the United States, or by any department or
agency thereof, or by the District of Columbia, or any
agency or instrumentality thereof, or by any State,
Territory, or Possession of the United States, or any
political subdivision, municipality, or agency thereof, or
agency of such political subdivision or municipality
(including any corporation owned or controlled by any State,
Territory, or Possession of the United States or by any such
political subdivision, municipality, or agency), in
connection with any activity which is financed in whole or
in part by loans or grants made by the United States, or any
department or agency thereof, uses his official authority
for the purpose of interfering with, or affecting, the
nomination or the election of any candidate for the office
of President, Vice President, Presidential elector, Member
of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident
Commissioner, shall be fined under this title or imprisoned
not more than one year, or both.
This section shall not prohibit or make unlawful any act
by any officer or employee of any educational or research
institution, establishment, agency, or system which is
supported in whole or in part by any state or political
subdivision thereof, or by the District of Columbia or by
any Territory or Possession of the United States; or by any
recognized religious, philanthropic or cultural
organization. (June 25, 1948, ch. 645, 62 Stat. 720; Sept.
22, 1970, Pub. L. 91-405, Title II, Sec. 204(d)(6), 84 Stat.
853; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108
Stat. 2147.)
462.2
462.2 Sec. 597. Expenditures to influence voting.
Whoever makes or offers to make an expenditure to any
person, either to vote or withhold his vote, or to vote for
or against any candidate; and
[[Page 698]]
Whoever solicits, accepts, or receives any such
expenditure in consideration of his vote or the withholding
of his vote--
Shall be fined under this title or imprisoned not more
than one year, or both; and if the violation was willful,
shall be fined under this title or imprisoned not more than
two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721;
Sept. 13, 1994, Pub. L. 103-322, Title XXXIII,
Sec. 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub. L.
104-294, Title VI, Sec. 601(a)(12), 110 Stat. 3498.)
462.3
462.3 Sec. 598. Coercion by means of relief appropriations.
Whoever uses any part of any appropriation made by
Congress for work relief, relief, or for increasing
employment by providing loans and grants for public-works
projects, or exercises or administers any authority
conferred by any Appropriation Act for the purpose of
interfering with, restraining, or coercing any individual in
the exercise of his right to vote at any election, shall be
fined under this title or imprisoned not more than one year,
or both. (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13,
1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108
Stat. 2147.)
462.4
462.4 Sec. 599. Promise of appointment by candidate.
Whoever, being a candidate, directly or indirectly
promises or pledges the appointment, or the use of his
influence or support for the appointment of any person to
any public or private position or employment, for the
purpose of procuring support in his candidacy shall be fined
under this title or imprisoned not more than one year, or
both; and if the violation was willful, shall be fined under
this title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub.
L. 103-322, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
462.5
462.5 Sec. 600. Promise of employment or other benefit for
political activity.
Whoever, directly or indirectly, promises any
employment, position, compensation, contract, appointment,
or other benefit, provided for or made possible in whole or
in part by any Act of Congress, or any special consideration
in obtaining any such benefit, to any person as
consideration, favor, or reward for any political activity
or for the support of or opposition to any candidate or any
political party in connection with any general or special
election to any political office, or in connection with any
primary election or political convention or caucus held to
select candidates for any political office, shall be fined
under this title or imprisoned not more than one year, or
both. (June 25, 1948, ch. 645, 62 Stat. 721; Feb. 7, 1972,
Pub. L. 92-225, Sec. 202, 86 Stat 9; Oct. 2, 1976, Pub. L.
94-453, Sec. 3, 90 Stat. 1517; Sept. 13, 1994, Pub. L. 103-
322, Sec. 330016(1)(L), 108 Stat. 2147.)
462.6
462.6 Sec. 601. Deprivation of employment or other benefit for
political contribution.
(a) Whoever, directly or indirectly, knowingly causes or
attempts to cause any person to make a contribution of a
thing of value (including services) for the benefit of any
candidate or any political party, by means of the denial or
deprivation, or the threat of the denial or deprivation,
of--
[[Page 699]]
(1) any employment, position, or work in or
for any agency or other entity of the Government
of the United States, a State, or a political
subdivision of a State, or any compensation or
benefit of such employment, position, or work;
or
(2) any payment or benefit of a program of
the United States, a State, or a political
subdivision of a State;
if such employment, position, work, compensation, payment,
or benefit is provided for or made possible in whole or in
part by an Act of Congress, shall be fined under this title
or imprisoned not more than one year, or both.
(b) As used in this section--
(1) the term ``candidate'' means an
individual who seeks nomination for election, or
election, to Federal, State, or local office,
whether or not such individual is elected, and,
for purposes of this paragraph, an individual
shall be deemed to seek nomination for election,
or election, to Federal, State, or local office,
if he has (A) taken the action necessary under
the law of a State to qualify himself for
nomination for election, or election, or (B)
received contributions or made expenditures, or
has given his consent for any other person to
receive contributions or make expenditures, with
a view to bringing about his nomination for
election, or election, to such office;
(2) the term ``election'' means (A) a
general, special primary, or runoff election,
(B) a convention or caucus of political party
held to nominate a candidate, (C) a primary
election held for the selection of delegates to
a nominating convention of a political party,
(D) a primary election held for the expression
of a preference for the nomination of persons
for election to the office of President, and (E)
the election of delegates to a constitutional
convention for proposing amendments to the
Constitution of the United States or of any
State; and
(3) the term ``State'' means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or
possession of the United States. (June 25, 1948,
ch. 645, 62 Stat. 721; Oct. 2, 1976, Pub. L. 94-
453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994, Pub.
L. 103-322, Sec. 330016(1)(L), 108 Stat. 2147.)
462.7
462.7 Sec. 602. Solicitation of political contributions.
(a) It shall be unlawful for--
(1) a candidate for the Congress;
(2) an individual elected to or serving in
the office of Senator or Representative in, or
Delegate or Resident Commissioner to, the
Congress;
(3) an officer or employee of the United
States or any department or agency thereof; or
(4) a person receiving any salary or
compensation for services from money derived
from the Treasury of the United States; to
knowingly solicit any contribution within the
meaning of section 301(8) of the Federal
Election Campaign Act of 1971 from any other
such officer, employee, or person. Any person
who violates this section shall be fined under
this title or imprisoned not more than 3 years,
or both.
(b) The prohibition in subsection (a) shall not apply to
any activity of an employee (as defined in section 7322(1)
of title 5) or any individual employed in or under the
United States Postal Service or the Postal
[[Page 700]]
Rate Commission, unless that activity is prohibited by
section 7323 or 7324 of such title. (June 25, 1948, ch. 645,
62 Stat. 722; Jan. 8, 1980, Pub. L. 96-187, Title II,
Sec. 201(a)(3), 93 Stat. 1367; Oct. 6, 1994, Pub. L. 103-94,
Sec. 4, 107 Stat. 1004.)
462.8
462.8 Sec. 603. Making political contributions.
(a) It shall be unlawful for an officer or employee of
the United States or any department or agency thereof, or a
person receiving any salary or compensation for services
from money derived from the Treasury of the United States,
to make any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 to any
other such officer, employee or person or to any Senator or
Representative in, or Delegate or Resident Commissioner to,
the Congress, if the person receiving such contribution is
the employer or employing authority of the person making the
contribution. Any person who violates this section shall be
fined under this title or imprisoned not more than three
years, or both.
(b) For purposes of this section, a contribution to an
authorized committee as defined in section 302(e)(1) of the
Federal Election Campaign Act of 1971 shall be considered a
contribution to the individual who has authorized such
committee.
(c) The prohibition in subsection (a) shall not apply to
any activity of an employee (as defined in section 7322(1)
of title 5) or any individual employed in or under the
United States Postal Service or the Postal Rate Commission,
unless that activity is prohibited by section 7323 or 7324
of such title. (June 25, 1948, ch. 645, 62 Stat. 722; Oct.
31, 1951, ch. 655, Sec. 20(b), 65 Stat. 718; Jan. 8, 1980,
Pub. L. 96-187, Title II, Sec. 201(a)(4), 93 Stat. 1367;
Oct. 6, 1993, Pub. L. 103-94, Sec. 7, 107 Stat. 1005.)
462.9
462.9 Sec. 604. Solicitation from persons on relief.
Whoever solicits or receives or is in any manner
concerned in soliciting or receiving any assessment,
subscription, or contribution for any political purpose from
any person known by him to be entitled to, or receiving
compensation, employment, or other benefit provided for or
made possible by any Act of Congress appropriating funds for
work relief or relief purposes, shall be fined under this
title or imprisoned not more than one year, or both. (June
25, 1948, ch. 645, 62 Stat. 722, Pub. L. 103-322,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
462.10
462.10 Sec. 605. Disclosure of names of persons on relief.
Whoever, for political purposes, furnishes or discloses
any list of names of persons receiving compensation,
employment or benefits provided for or made possible by any
Act of Congress appropriating, or authorizing the
appropriation of funds for work relief or relief purposes,
to a political candidate, committee, campaign manager, or to
any person for delivery to a political candidate, committee,
or campaign manager; and
Whoever receives any such list or names for political
purposes--shall be fined under this title or imprisoned not
more than one year, or both. (June 25, 1948, ch. 645, 62
Stat. 722, Pub. L. 103-322, Sec. 330016(1)(H), Sept. 13,
1994, 108 Stat. 2147.)
462.11
462.11 Sec. 606. Intimidation to secure political contributions.
Whoever, being one of the officers or employees of the
United States mentioned in section 602 of this title,
discharges, or promotes, or de
[[Page 701]]
grades, or in any manner changes the official rank or
compensation of any other officer or employee, or promises
or threatens so to do, for giving or withholding or
neglecting to make any contribution of money or other
valuable thing for any political purpose, shall be fined
under this title or imprisoned not more than three years, or
both. (June 25, 1948, ch. 645, 62 Stat. 722.)
462.12
462.12 Sec. 607. Place of solicitation.
(a) It shall be unlawful for any person to solicit or
receive any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 in any
room or building occupied in the discharge of official
duties by any person mentioned in section 603, or in any
navy yard, fort, or arsenal. Any person who violates this
section shall be fined under this title or imprisoned not
more than three years, or both.
(b) The prohibition in subsection (a) shall not apply to
the receipt of contributions by persons on the staff of a
Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress, provided, that such
contributions have not been solicited in any manner which
directs the contributor to mail or deliver a contribution to
any room, building, or other facility referred to in
subsection (a), and provided that such contributions are
transferred within seven days of receipt to a political
committee within the meaning of section 302(e) of the
Federal Election Campaign Act of 1971. (June 25, 1948, ch.
645, 62 Stat. 722; Jan. 8, 1980, Pub. L. 96-187, Title II,
Sec. 201(a)(5), 93 Stat. 1367.)
Chapter 35.--EMBLEMS, INSIGNIA AND NAMES
462.17
462.17 Sec. 713. Use of likenesses of the great seal of the United
States, the seals of the President and Vice President,
and the seal of the United States Senate, the seal of
the United States House of Representatives, and the seal
of the United States Congress.
(a) Whoever knowingly displays any printed or other
likeness of the great seal of the United States, or of the
seals of the President or the Vice President of the United
States, or the seal of the United States Senate, or the seal
of the United States House of Representatives, or the seal
of the United States Congress, or any facsimile thereof, in,
or in connection with, any advertisement, poster, circular,
book, pamphlet, or other publication, public meeting, play,
motion picture, telecast, or other production, or on any
building, monument, or stationery, for the purpose of
conveying, or in a manner reasonably calculated to convey, a
false impression of sponsorship or approval by the
Government of the United States or by any department,
agency, or instrumentality thereof, shall be fined under
this title or imprisoned not more than six months, or both.
(b) Whoever, except as authorized under regulations
promulgated by the President and published in the Federal
Register, knowingly manufactures, reproduces, sells, or
purchases for resale, either separately or appended to any
article manufactured or sold, any likeness of the seals of
the President or Vice President, or any substantial part
thereof, except for manufacture or sale of the article for
the official use of the Govern
[[Page 702]]
ment of the United States, shall be fined under this title
or imprisoned not more than six months, or both.
(c) Whoever, except as directed by the United States
Senate, or the Secretary of the Senate on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Senate, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(d) Whoever, except as directed by the United States
House of Representatives, or the Clerk of the House of
Representatives on its behalf, knowingly uses, manufactures,
reproduces, sells or purchases for resale, either separately
or appended to any article manufactured or sold, any
likeness of the seal of the United States House of
Representatives, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(e) Whoever, except as directed by the United States
Congress, or the Secretary of the Senate and the Clerk of
the House of Representatives, acting jointly on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Congress, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(f) A violation of the provisions of this section may be
enjoined at the suit of the Attorney General,
(1) in the case of the great seal of the
United States and the seals of the President and
Vice President, upon complaint by any authorized
representative of any department or agency of
the United States;
(2) in the case of the seal of the United
States Senate, upon complaint by the Secretary
of the Senate;
(3) in the case of the seal of the United
States House of Representatives, upon complaint
by the Clerk of the House of Representatives;
and
(4) in the case of the seal of the United
States Congress, upon complaint by the Secretary
of the Senate and the Clerk of the House of
Representatives, acting jointly. (Added Pub. L.
89-807, Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525,
and amended Pub. L. 91-651, Sec. 1, Jan. 5,
1971, 84 Stat. 1940; Pub. L. 102-229, Title II,
Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat. 1717;
Pub. L. 103-322, Title XXXIII,
Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat.
2146; Pub. L. 105-55, Title III, Sec. 308(a)-
(d), Oct. 7, 1997, 111 Stat. 1198.)
Chapter 37.--ESPIONAGE AND CENSORSHIP
462.19
462.19 Sec. 798. Disclosure of classified information.
(a) Whoever knowingly and willfully communicates,
furnishes, transmits, or otherwise makes available to an
unauthorized person, or publishes, or uses in any manner
prejudicial to the safety or interest of
[[Page 703]]
the United States or for the benefit of any foreign
government to the detriment of the United States any
classified information--
(1) concerning the nature, preparation, or
use of any code, cipher, or cryptographic system
of the United States or any foreign government;
or
(2) concerning the design, construction,
use, maintenance, or repair of any device,
apparatus, or appliance used or prepared or
planned for use by the United States or any
foreign government for cryptographic or
communication intelligence purposes; or
(3) concerning the communication
intelligence activities of the United States or
any foreign government; or
(4) obtained by the processes of
communication intelligence from the
communications of any foreign government,
knowing the same to have been obtained by such
processes--
Shall be fined under this title or imprisoned not more than
ten years, or both.
(b) As used in subsection (a) of this section--
The term ``classified information'' means information
which, at the time of a violation of this section, is for
reasons of national security, specifically designated by a
United States Government Agency for limited or restricted
dissemination or distribution;
The terms ``code,'' ``cipher,'' and ``cryptographic
system'' include in their meanings, in addition to their
usual meanings, any method of secret writing and any
mechanical or electrical device or method used for the
purpose of disguising or concealing the contents,
significance, or meanings of communications;
The term ``foreign government'' includes in its meaning
any person or persons acting or purporting to act for or on
behalf of any faction, party, department, agency, bureau, or
military force of or within a foreign country, or for or on
behalf of any government or any person or persons purporting
to act as a government within a foreign country, whether or
not such government is recognized by the United States;
The term ``communication intelligence'' means all
procedures and methods used in the interception of
communications and the obtaining of information from such
communications by other than the intended recipients;
The term ``unauthorized person'' means any person who,
or agency which, is not authorized to receive information of
the categories set forth in subsection (a) of this section,
by the President, or by the head of a department of agency
of the United States Government which is expressly
designated by the President to engage in communication
intelligence activities for the United States.
(c) Nothing in this section shall prohibit the
furnishing, upon lawful demand, of information to any
regularly constituted committee of the Senate or House of
Representatives of the United States of America, or joint
committee thereof.
(d)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law--
(A) any property constituting, or derived
from, any proceeds the person obtained, directly
or indirectly, as the result of such violation;
and
[[Page 704]]
(B) any of the person's property used, or
intended to be used, in any manner or part, to
commit, or to facilitate the commission of, such
violation.
(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that
the defendant forfeit to the United States all property
described in paragraph (1).
(3) Except as provided in paragraph (4), the provisions
of subsections (b), (c), and (e) through (p) of section 413
of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply
to--
(A) property subject to forfeiture under
this subsection;
(B) any seizure or disposition of such
property; and
(C) any administrative or judicial
proceeding in relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund established
under section 1402 of the Victims of Crime Act of 1984 (42
U.S.C. 10601) all amounts from the forfeiture of property
under this subsection remaining after the payment of
expenses for forfeiture and sale authorized by law.
(5) As used in this subsection, the term ``State'' means
any State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(Added Oct. 31, 1951, ch. 655, Sec. 24(a), 65 Stat. 719, and
amended Sept. 13, 1994, Pub. L. 103-322, Title XXXIII,
Sec. 330016(1)(L), 108 Stat. 2147; Oct. 14, 1994, Pub. L.
103-359, Title VIII, Sec. 804(a), 108 Stat. 3439; Oct. 11,
1996, Pub. L. 104-294, Title VI, Sec. 602(c), 110 Stat.
3503.)
Chapter 73.--OBSTRUCTION OF JUSTICE
462.20
462.20 Sec. 1505. Obstruction of proceedings before departments,
agencies, and committees.
Whoever, with intent to avoid, evade, prevent, or
obstruct compliance, in whole or in part, with any civil
investigative demand duly and properly made under the Civil
Process Act, willfully withholds, misrepresents, removes
from any place, conceals, covers up, destroys, mutilates,
alters, or by other means falsifies any documentary
material, answers to written interrogatories, or oral
testimony, which is the subject of such demand; or attempts
to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any
threatening letter or communication influences, obstructs,
or impedes or endeavors to influence, obstruct, or impede
the due and proper administration of the law under which any
pending proceeding is being had before any department or
agency of the United States, or the due and proper exercise
of the power of inquiry under which any inquiry or
investigation is being had by either House, or any committee
of either House or any joint committee of the Congress--
Shall be fined under this title or imprisoned not more
than five years, or both. (June 25, 1948, ch. 645, 62 Stat.
770; Sept. 19, 1962, Pub. L. 87-664, Sec. 6(a), 76 Stat.
551; Oct. 15, 1970, Pub. L. 91-452, Title IX, Sec. 903, 84
Stat. 947; Sept. 30, 1976, Pub. L. 94-435, Title I,
Sec. 105, 90 Stat. 1389; Oct. 12, 1982, Pub. L. 97-291,
Sec. 4(d), 96 Stat. 1253; Sept. 13, 1994, Pub. L. 103-322,
Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
[[Page 705]]
Chapter 83.--POSTAL SERVICE
463
463 Sec. 1719. Franking privilege.
Whoever makes use of any official envelope, label, or
indorsement authorized by law, to avoid the payment of
postage or registry fee on his private letter, packet,
package, or other matter in the mail, shall be fined under
this title. (June 25, 1948, ch. 645, 62 Stat. 783; Sept. 13,
1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(F), 108
Stat. 2147.)
Chapter 93.--PUBLIC OFFICERS AND EMPLOYEES
463.5
463.5 Sec. 1906. Disclosure of information from a bank examination
report.
Whoever, being an examiner, public or private, or a
General Accounting Office employee with access to bank
examination report information under section 714 of title
31, discloses the names of borrowers or the collateral for
loans of any member bank of the Federal Reserve System, any
bank insured by the Federal Deposit Insurance Corporation,
any branch or agency of a foreign bank (as such terms are
defined in paragraphs (1) and (3) of section 1(b) of the
International Banking Act of 1978), or any organization
operating under section 25 or section 25(a) of the Federal
Reserve Act, examined by him or subject to General
Accounting Office audit under section 714 of title 31 to
other than the proper officers of such bank, branch, agency,
or organization, without first having obtained the express
permission in writing from the Comptroller of the Currency
as to a national bank or a Federal branch or Federal agency
(as such terms are defined in paragraphs (5) and (6) of
section 1(b) of the International Banking Act of 1978), the
Board of Governors of the Federal Reserve System as to a
State member bank, an uninsured State branch or State agency
(as such terms are defined in paragraphs (11) and (12) of
section 1(b) of the International Banking Act of 1978), or
an organization operating under section 25 or section 25(a)
of the Federal Reserve Act, or the Federal Deposit Insurance
Corporation as to any other insured bank, including any
insured branch (as defined in section 3(s) of the Federal
Deposit Insurance Act), or from the board of directors of
such bank or organization, except when ordered to do so by a
court of competent jurisdiction, or by direction of the
Congress of the United States, or either House thereof, or
any committee of Congress or either House duly authorized or
as authorized by section 714 of title 31 shall be fined
under this title or imprisoned not more than one year or
both. (June 25, 1948, ch. 645, 62 Stat. 791; July 21, 1978,
Pub. L. 95-320, Sec. 3, 92 Stat. 393; Sept. 13, 1982, Pub.
L. 97-258, Sec. 3(e)(1), 96 Stat. 1064; Nov. 29, 1990, Pub.
L. 101-647, Title XXV, Sec. 2597(k), 104 Stat. 4911; Sept.
13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K),
108 Stat. 2147.)
464
464 Sec. 1913. Lobbying with appropriated moneys.
No part of the money appropriated by any enactment of
Congress shall, in the absence of express authorization by
Congress, be used directly or indirectly to pay for any
personal service, advertisement, telegram, telephone,
letter, printed or written matter, or other device, intended
or designed to influence in any manner a Member of Congress,
to favor or oppose, by vote or otherwise, any legislation or
appropriation by Congress, whether before or after the
introduction of any bill or resolution proposing such
legislation or appropriation; but this shall
[[Page 706]]
not prevent officers or employees of the United States or of
its departments or agencies from communicating to Members of
Congress on the request of any Member or to Congress,
through the proper official channels, requests for
legislation or appropriations which they deem necessary for
the efficient conduct of the public business.
Whoever, being an officer or employee of the United
States or of any department or agency thereof, violates or
attempts to violate this section, shall be fined under this
title or imprisoned not more than one year, or both; and
after notice and hearing by the superior officer vested with
the power of removing him, shall be removed from office or
employment. (June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13,
1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(G), 108
Stat. 2147.)
464.1
464.1 Sec. 1918. Disloyalty and asserting the right to strike
against the Government.
Whoever violates the provision of section 7311 of title
5 that an individual may not accept or hold a position in
the Government of the United States or the government of the
District of Columbia if he--
(1) advocates the overthrow of our
constitutional form of government;
(2) is a member of an organization that he
knows advocates the overthrow of our
constitutional form of government;
(3) participates in a strike, or asserts the
right to strike, against the Government of the
United States or the government of the District
of Columbia; or
(4) is a member of an organization of
employees of the Government of the United States
or of individuals employed by the government of
the District of Columbia that he knows asserts
the right to strike against the Government of
the United States or the government of the
District of Columbia;
shall be fined under this title or imprisoned not more than
one year and a day, or both. (Added Pub. L. 89-554,
Sec. 3(d), Sept. 6, 1966, 80 Stat. 609, and amended Pub. L.
104-294, Title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat.
3498.)
Part V.--IMMUNITY OF WITNESSES
465.1
465.1 Sec. 6001. Definitions.
As used in this chapter--
(1) ``agency of the United States'' means
any executive department as defined in section
101 of title 5, United States Code, a military
department as defined in section 102 of title 5,
United States Code, the Nuclear Regulatory
Commission, the Board of Governors of the
Federal Reserve System, the China Trade Act
registrar appointed under 53 Stat. 1432 (15
U.S.C. sec. 143), the Commodity Futures Trading
Commission, the Federal Communications
Commission, the Federal Deposit Insurance
Corporation, the Federal Maritime Commission,
the Federal Power Commission, the Federal Trade
Commission, the Surface Transportation Board,
the National Labor Relations Board, the National
Transportation Safety Board, the Railroad
Retirement Board, an arbitration board
established under 48 Stat. 1193 (45 U.S.C. sec.
157), the Securities and Exchange Commission, or
a board established under 49 Stat. 31 (15 U.S.C.
sec. 715d);
[[Page 707]]
(2) ``other information'' includes any book,
paper, document, record, recording, or other
material;
(3) ``proceeding before an agency of the
United States'' means any proceeding before such
an agency with respect to which it is authorized
to issue subpoenas and to take testimony or
receive other information from witnesses under
oath; and
(4) ``court of the United States'' means any
of the following courts; the Supreme Court of
the United States, a United States court of
appeals, a United States district court
established under chapter 5, title 28, United
States Code, a United States bankruptcy court
established under chapter 6, title 28, United
States Code, the District of Columbia Court of
Appeals, the Superior Court of the District of
Columbia, the District Court of Guam, the
District Court of the Virgin Islands, the United
States Court of Federal Claims, the Tax Court of
the United States, the Court of International
Trade, and the Court of Appeals for the Armed
Forces. (Added Pub. L. 91-452, Title II,
Sec. 201(a), Oct. 15, 1970, 84 Stat. 926, and
amended Pub. L. 95-405, Sec. 25, Sept. 30, 1978,
92 Stat. 877; Pub. L. 95-598, Title III,
Sec. 314(l), Nov. 6, 1978, 92 Stat. 2678; Pub.
L. 96-417, Title VI, Sec. 601(l), Oct. 10, 1980,
94 Stat. 1744; Pub. L. 97-164, Title I,
Sec. 164(l), Apr. 2, 1982, 96 Stat. 50; Pub. L.
102-550, Title XV, Sec. 1543, Oct. 28, 1992, 106
Stat. 4069; Pub. L. 103-272, Sec. 4(d), July 5,
1994, 108 Stat. 1361; Pub. L. 103-322, Title
XXXIII, Sec. 330013(2), (3), Sept. 13, 1994, 108
Stat. 2146; Pub. L. 103-337, Div. A, Title IX,
Sec. 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832;
Pub. L. 104-88, Title III, Sec. 303(2), Dec. 29,
1995, 109 Stat. 943.)
465.2
465.2 Sec. 6002. Immunity generally.
Whenever a witness refuses, on the basis of his
privilege against self-incrimination, to testify or provide
other information in a proceeding before or ancillary to--
(1) a court or grand jury of the United
States,
(2) an agency of the United States, or
(3) either House of Congress, a joint
committee of the two Houses, or a committee or a
subcommittee of either House,
and the person presiding over the proceeding communicates to
the witness an order issued under this title, the witness
may not refuse to comply with the order on the basis of his
privilege against self-incrimination; but no testimony or
other information compelled under the order (or any
information directly or indirectly derived from such
testimony or other information) may be used against the
witness in any criminal case, except a prosecution for
perjury, giving a false statement, or otherwise failing to
comply with the order. (Added Pub. L. 91-452, Title II,
Sec. 201(a), Oct. 15, 1970, 84 Stat. 927, and amended Pub.
L. 103-322, Title XXXIII, Sec. 330013(4), Sept. 13, 1994,
108 Stat. 2146.)
465.3
465.3 Sec. 6005. Congressional proceedings.
(a) In the case of any individual who has been or may be
called to testify or provide other information at any
proceeding before or ancillary to either House of Congress,
or any committee, or any subcommittee of either House, or
any joint committee of the two Houses, a United States
district court shall issue, in accordance with subsection
(b) of this section, upon the request of a duly authorized
representative of the House of Congress or the committee
concerned, an order requiring
[[Page 708]]
such individual to give testimony or provide other
information which he refuses to give or provide on the basis
of his privilege against self-incrimination, such order to
become effective as provided in section 6002 of this title.
(b) Before issuing an order under subsection (a) of this
section, a United States district court shall find that--
(1) in the case of a proceeding before or
ancillary to either Houses of Congress, the
request for such an order has been approved by
an affirmative vote of a majority of the Members
present of that House;
(2) in the case of a proceeding before or
ancillary to a committee or a subcommittee of
either House of Congress or a joint committee of
both Houses, the request for such an order has
been approved by an affirmative vote of two-
thirds of the members of the full committee; and
(3) ten days or more prior to the day on
which the request for such an order was made,
the Attorney General was served with notice of
an intention to request the order.
(c) Upon application of the Attorney General, the United
States district court shall defer the issuance of any order
under subsection (a) of this section for such period, not
longer than twenty days from the date of the request for
such order, as the Attorney General may specify.
(Added Pub. L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970,
84 Stat. 928, and amended Pub. L. 103-322, Title XXXIII,
Sec. 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 104-
292, Sec. 5, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104-294,
Title VI, Sec. 605(o), Oct. 11, 1996, 110 Stat. 3510.)
[[Page 709]]
TITLE 19.--CUSTOMS DUTIES
* * * * * * *
Chapter 12.--TRADE ACT OF 1974
* * * * * * *
Subchapter I.--Negotiating and Other Authority
* * * * * * *
Part 5.--CONGRESSIONAL PROCEDURES WITH RESPECT TO
PRESIDENTIAL ACTIONS
465.4
465.4 Sec. 2191. Bills implementing trade agreements on nontariff
barriers and resolutions approving commercial agreements
with Communist countries.
(a) Rules of House of Representatives and Senate.
This section and sections 2192 and 2193 of this title
are enacted by the Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such they are deemed a part
of the rules of each House, respectively, but
applicable only with respect to the procedure to
be followed in that House in the case of
implementing bills described in subsection
(b)(1) of this section, implementing revenue
bills described in subsection (b)(2) of this
section, approval resolutions described in
subsection (b)(3) of this section, and
resolutions described in sections 2192(a) and
2193(a) of this title; and they supersede other
rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner
and to the same extent as in the case of any
other rule of that House.
(b) Definitions.
For purposes of this section--
(1) The term ``implementing bill'' means
only a bill of either House of Congress which is
introduced as provided in subsection (c) of this
section with respect to one or more trade
agreements, or with respect to an extension
described in section 3572(c)(3) of this title,
submitted to the House of Representatives and
the Senate under section 2112, section
2903(a)(1) of this title, or section 3572 of
this title and which contains--
(A) a provision approving such trade
agreement or agreements or such extension,
(B) a provision approving the statement
of administrative action (if any) proposed
to implement such trade agreement or
agreements, and
[[Page 710]]
(C) if changes in existing laws or new
statutory authority is required to implement
such trade agreement or agreements or such
extension, provisions, necessary or
appropriate to implement such trade
agreement or agreements or such extension,
either repealing or amending existing laws
or providing new statutory authority.
(2) The term ``implementing revenue bill or
resolution'' means an implementing bill, or
approval resolution, which contains one or more
revenue measures by reason of which it must
originate in the House of Representatives.
(3) The term ``approval resolution'' means
only a joint resolution of the two Houses of the
Congress, the matter after the resolving clause
of which is as follows: ``That the Congress
approves the extension of nondiscriminatory
treatment with respect to the products of ------
---- transmitted by the President to the
Congress on ------.'', the first blank space
being filled with the name of the country
involved and the second blank space being filled
with the appropriate date.
(c) Introduction and referral.
(1) On the day on which a trade agreement is submitted
to the House of Representatives and the Senate under section
2112, or section 3572 of this title, the implementing bill
submitted by the President with respect to such trade
agreement or extension shall be introduced (by request) in
the House by the majority leader of the House, for himself
and the minority leader of the House, or by Members of the
House designated by the majority leader and minority leader
of the House; and shall be introduced (by request) in the
Senate by the majority leader of the Senate, for himself and
the minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority leader
of the Senate. If either House is not in session on the day
on which such a trade agreement or extension is submitted,
the implementing bill shall be introduced in that House, as
provided in the preceding sentence, on the first day
thereafter on which that House is in session. Such bills
shall be referred by the Presiding Officers of the
respective Houses to the appropriate committee, or, in the
case of a bill containing provisions within the jurisdiction
of two or more committees, jointly to such committees for
consideration of those provisions within their respective
jurisdictions.
(2) On the day on which a bilateral commercial
agreement, entered into under subchapter IV of this chapter
after January 3, 1975, is transmitted to the House of
Representatives and the Senate, an approval resolution with
respect to such agreement shall be introduced (by request)
in the House by the majority leader of the House, for
himself and the minority leader of the House, or by Members
of the House designated by the majority leader and minority
leader of the House; and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself
and the minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority leader
of the Senate. If either House is not in session on the day
on which such an agreement is transmitted, the approval
resolution with respect to such agreement shall be
introduced in that House, as provided in the preceding
sentence, on the first day thereafter on
[[Page 711]]
which that House is in session. The approval resolution
introduced in the House shall be referred to the Committee
on Ways and Means and the approval resolution introduced in
the Senate shall be referred to the Committee on Finance.
(d) Amendments prohibited.
No amendment to an implementing bill or approval
resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the
application of this subsection shall be in order in either
House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this subsection by unanimous consent.
(e) Period for committee and floor consideration.
(1) Except as provided in paragraph (2), if the
committee or committees of either House to which an
implementing bill or approval resolution has been referred
have not reported it at the close of the 45th day after its
introduction, such committee or committees shall be
automatically discharged from further consideration of the
bill or resolution and it shall be placed on the appropriate
calendar. A vote on final passage of the bill or resolution
shall be taken in each House on or before the close of the
15th day after the bill or resolution is reported by the
committee or committees of that House to which it was
referred, or after such committee or committees have been
discharged from further consideration of the bill or
resolution. If prior to the passage by one House of an
implementing bill or approval resolution of that House, that
House receives the same implementing bill or approval
resolution from the other House, then--
(A) the procedure in that House shall be the
same as if no implementing bill or approval
resolution had been received from the other
House; but
(B) the vote on final passage shall be on
the implementing bill or approval resolution of
the other House.
(2) The provisions of paragraph (1) shall not apply in
the Senate to an implementing revenue bill or resolution. An
implementing revenue bill or resolution received from the
House shall be referred to the appropriate committee or
committees of the Senate. If such committee or committees
have not reported such bill at the close of the 15th day
after its receipt by the Senate (or, if later, before the
close of the 45th day after the corresponding implementing
revenue bill or resolution was introduced in the Senate),
such committee or committees shall be automatically
discharged from further consideration of such bill or
resolution and it shall be placed on the calendar. A vote on
final passage of such bill or resolution shall be taken in
the Senate on or before the close of the 15th day after such
bill or resolution is reported by the committee or
committees of the Senate to which it was referred, or after
such committee or committees have been discharged from
further consideration of such bill or resolution.
(3) For purposes of paragraphs (1) and (2), in computing
a number of days in either House, there shall be excluded
any day on which that House is not in session.
[[Page 712]]
(f) Floor consideration in the House.
(1) A motion in the House of Representatives to proceed
to the consideration of an implementing bill or approval
resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on an
implementing bill or approval resolution shall be limited to
not more than 20 hours, which shall be divided equally
between those favoring and those opposing the bill or
resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit an
implementing bill or approval resolution or to move to
reconsider the vote by which an implementing bill or
approval resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of an
implementing bill or approval resolution, and motions to
proceed to the consideration of other business, shall be
decided without debate.
(4) All appeals from the decisions of the chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to an implementing
bill or approval resolution shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of an
implementing bill or approval resolution shall be governed
by the Rules of the House of Representatives applicable to
other bills and resolutions in similar circumstances.
(g) Floor consideration in the Senate.
(1) A motion in the Senate to proceed to the
consideration of an implementing bill or approval resolution
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to
move to reconsider the vote by which the motion is agreed to
or disagreed to.
(2) Debate in the Senate on an implementing bill or
approval resolution, and all debatable motions and appeals
in connection therewith, shall be limited to not more than
20 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with an implementing bill or approval
resolution shall be limited to not more than 1 hour, to be
equally divided between, and controlled by, the mover and
the manager of the bill or resolution, except that in the
event the manager of the bill or resolution is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of an implementing bill or approval
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is
not debatable. A motion to recommit an implementing bill or
approval resolution is not in order. (Jan. 3, 1975, Pub. L.
93-618, Sec. 151, 88 Stat. 2001; Aug. 23, 1988, Pub. L.
100-418, Sec. 1007(b)(1), 102 Stat. 1135; Aug. 20, 1990,
[[Page 713]]
Pub. L. 101-382, Sec. 132(b)(2), 104 Stat. 645; Dec. 8,
1994, Pub. L. 103-465, Title II, Sec. 282(c)(4), 108 Stat.
4929.)
465.5
465.5 Sec. 2192. Resolutions disapproving certain actions.
(a) Contents of resolutions.
(1) For purposes of this section, the term
``resolution'' means only--
(A) a joint resolution of the two Houses of
the Congress, the matter after the resolving
clause of which is as follows: ``That the
Congress does not approve the action taken by,
or the determination of, the President under
section 203 of the Trade Act of 1974 [19 U.S.C.
2253] transmitted to the Congress on ----------
'', the blank space being filled with the
appropriate date; and
(B) a joint resolution of the two Houses of
Congress, the matter after the resolving clause
of which is as follows: ``That the Congress does
not approve ---------- transmitted to the
Congress on ----------'', with the first blank
space being filled in accordance with paragraph
(2), and the second blank space being filled
with the appropriate date.
(2) The first blank space referred to in paragraph
(1)(B) shall be filled, in the case of a resolution referred
to in section 2437(c)(2) of this title, with the phrase
``the report of the President submitted under section ------
of the Trade Act of 1974 with respect to ----------'' (with
the first blank space being filled with ``402(b)'' or
``409(b)'' [19 U.S.C. 2432(b) or 2439(b)] as appropriate,
and the second blank space being filled with the name of the
country involved).
(b) Reference to committees.
All resolutions introduced in the House of
Representatives shall be referred to the Committee on Ways
and Means and all resolutions introduced in the Senate shall
be referred to the Committee on Finance.
(c) Discharge of committees.
(1) If the committee of either House to which a
resolution has been referred has not reported it at the end
of 30 days after its introduction, not counting any day
which is excluded under section 2194(b) of this title, it is
in order to move either to discharge the committee from
further consideration of the resolution or to discharge the
committee from further consideration of any other resolution
introduced with respect to the same matter, except that a
motion to discharge--
(A) may only be made on the second
legislative day after the calendar day on which
the Member making the motion announces to the
House his intention to do so; and
(B) is not in order after the Committee has
reported a resolution with respect to the same
matter.
(2) A motion to discharge under paragraph (1) may be
made only by an individual favoring the resolution, and is
highly privileged in the House and privileged in the Senate;
and debate thereon shall be limited to not more than 1 hour,
the time to be divided in the House equally between those
favoring and those opposing the resolution, and to be
divided in the Senate equally between, and controlled by,
the majority leader and the minority leader or their
designees. An amendment to the motion is not in order, and
it is not in order to move
[[Page 714]]
to reconsider the vote by which the motion is agreed to or
disagreed to.
(d) Floor consideration in the House.
(1) A motion in the House of Representatives to proceed
to the consideration of a resolution shall be highly
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the House of Representatives on a
resolution shall be limited to not more than 20 hours, which
shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate
shall not be debatable. No amendment to, or motion to
recommit, the resolution shall be in order. It shall not be
in order to move to reconsider the vote by which a
resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of a
resolution, and motions to proceed to the consideration of
other business shall be decided without debate.
(4) All appeals from the decisions of the Chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to a resolution
shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
resolution in the House of Representatives shall be governed
by the Rules of the House of Representatives applicable to
other resolutions in similar circumstances.
(e) Floor consideration in the Senate.
(1) A motion in the Senate to proceed to the
consideration of a resolution shall be privileged. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all
debatable motions and appeals in connection therewith, shall
be limited to not more than 20 hours, to be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with a resolution shall be limited to
not more than 1 hour, to be equally divided, between, and
controlled by, the mover and the manager of the resolution,
except that it the event the manager of the resolution is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in
order in the Senate.
(f) Procedures in the Senate.
(1) Except as otherwise provided in the section, the
following procedures shall apply in the Senate to a
resolution to which this section applies:
[[Page 715]]
(A)(i) Except as provided in clause (ii), a
resolution that has passed the House of
Representatives shall, when received in the
Senate, be referred to the Committee on Finance
for consideration in accordance with this
section.
(ii) If a resolution to which this section
applies was introduced in the Senate before
receipt of a resolution that has passed the
House of Representatives, the resolution from
the House of Representatives shall, when
received in the Senate be placed on the
calendar. If this clause applies, the procedures
in the Senate with respect to a resolution
introduced in the Senate that contains the
identical matter as the resolution that passed
the House of Representatives shall be the same
as if no resolution had been received from the
House of Representatives, except that the vote
on passage in the Senate shall be on the
resolution that passed the House of
Representatives.
(B) If the Senate passes a resolution before
receiving from the House of Representatives a
joint resolution that contains the identical
matter, the joint resolution shall be held at
the desk pending receipt of the joint resolution
from the House of Representatives. Upon receipt
of the joint resolution from the House of
Representatives, such joint resolution shall be
deemed to be read twice, considered, read the
third time, and passed.
(2) If the texts of joint resolutions described in
section 2192 or 2193(a) of this title, whichever is
applicable, concerning any matter are not identical--
(A) the Senate shall vote passage on the
resolution introduced in the Senate, and
(B) the text of the joint resolution passed
by the Senate shall, immediately upon its
passage (or, if later, upon receipt of the joint
resolution passed by the House), be substituted
for the text of the joint resolution passed by
the House of Representatives, and such
resolution, as amended, shall be returned with a
request for a conference between the two Houses.
(3) Consideration in the Senate of any veto message with
respect to a joint resolution described in subsection
(a)(2)(B) of this section or section 2193(a) of this title,
including consideration of all debatable motions and appeals
in connection therewith, shall be limited to 10 hours, to be
equally divided between, and controlled by, the majority
leader and the minority leader or their designees. (Jan. 3,
1975, Pub. L. 93-618, Sec. 152, 88 Stat. 2004; July 26,
1979, Pub. L. 96-39, Sec. 902(a)(1), 1106(c)(5), 93 Stat
299, 312; Oct. 30, 1984, Pub. L. 98-573, Sec. 248(b), 98
Stat. 2998; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(c)(2)-
(5), 104 Stat. 646, 647; Dec. 8, 1994, Pub. L. 103-465,
Sec. 261(d)(1)(A)(ii), 108 Stat. 4909; Pub. L. 104-295,
Sec. 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
465.6
465.6 Sec. 2193. Resolutions relating to extension of waiver
authority under section 402 of the Trade Act of 1974.
(a) Contents of resolutions.
For purposes of this section the term ``resolution''
means only a joint resolution of the two Houses of Congress,
the matter after the resolving clause of which is as
follows: ``That the Congress does not approve the extension
of the authority contained in section 402(c) of the Trade
Act of 1974 [19 U.S.C. 2432(c)] recommended by the President
to the
[[Page 716]]
Congress on ---------- with respect to ----------,'' with
the first blank space being filled with the appropriate
date, and the second blank space being filled with the names
of those countries, if any, with respect to which such
extension of authority is not approved and with the clause
beginning with ``with respect to'' being omitted if the
extension of the authority is not approved with respect to
any country.
(b) Application of rules of section 2192 of this title;
exceptions.
(1) Except as provided in this section, the provisions
of section 2192 of this title shall apply to resolutions
described in subsection (a) of this section.
(2) In applying section 2192(c)(1) of this title, all
calendar days shall be counted.
(3) That part of section 2192(d)(2) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. Debate
in the House of Representatives on any amendment to a
resolution shall be limited to not more than 1 hour which
shall be equally divided between those favoring and those
opposing the amendment. A motion in the House to further
limit debate on an amendment to a resolution is not
debatable.
(4) That part of section 2192(e)(4) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. The time
limit on a debate on a resolution in the Senate under
section 2192(e)(2) of this title shall include all
amendments to a resolution. Debate in the Senate on any
amendment to a resolution shall be limited to not more than
1 hour, to be equally divided between, and controlled by,
the mover and the manager of the resolution, except that in
the event the manager of the resolution is in favor of any
such amendment, the time in opposition thereto shall be
controlled by the minority leader or his designee. The
majority leader and minority leader may, from time under
their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any amendment. A motion in the Senate to further limit
debate on an amendment to a resolution is not debatable.
(c) Consideration of second resolution not in order.
It shall not be in order in either the House of
Representatives or the Senate to consider a resolution with
respect to a recommendation of the President under section
2432(d) of this title (other than a resolution described in
subsection (a) of this section received from the other
House), if that House has adopted a resolution with respect
to the same recommendation.
(d) Procedures relating to conference reports in the Senate.
(1) Consideration in the Senate of the conference report
on any joint resolution described in subsection (a) of this
section, including consideration of all amendments in
disagreement (and all amendments thereto), and consideration
of all debatable motions and appeals in connection
therewith, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader and
the minority leader or their
[[Page 717]]
designees. Debate on any debatable motion or appeal related
to the conference report shall be limited to 1 hour, to be
equally divided between, and controlled by, the mover and
the manager of the conference report.
(2) In any case in which there are amendments in
disagreement, time on each amendment shall be limited to 30
minutes, to be equally divided between, and controlled by,
the manager of the conference report and the minority leader
or his designee. No amendment to any amendment in
disagreement shall be received unless it is a germane
amendment. (Pub. L. 93-618, Title I, Sec. 153, Jan. 3, 1975,
88 Stat. 2006; Aug. 20, 1990, Pub. L. 101-382,
Sec. 132(a)(3)-(6), 104 Stat. 644, 645.)
465.7
465.7 Sec. 2194. Special rules relating to Congressional
procedures.
(a) Whenever, pursuant to section 2112(c), 2253(b),
2432(d), or 2437 (a) or (b), a document is required to be
transmitted to the Congress, copies of such document shall
be delivered to both Houses of Congress on the same day and
shall be delivered to the Clerk of the House of
Representatives if the House is not in session and to the
Secretary of the Senate if the Senate is not in session.
(b) For purposes of sections 2253(c) and 2437(c)(2) of
this title, the 90-day period referred to in such sections
shall be computed by excluding--
(1) the days on which either House is not in
session because of an adjournment of more than 3
days to a day certain or an adjournment of the
Congress sine die, and
(2) any Saturday and Sunday, not excluded
under paragraph (1), when either House is not in
session. (Jan. 3, 1975, Pub. L. 93-618,
Sec. 154, 88 Stat. 2008; July 26, 1979, Pub. L.
96-39, Sec. 902(a)(2), 93 Stat. 300; Aug. 20,
1990, Pub. L. 101-382, Sec. 132(c)(6), 104 Stat.
647; Pub. L. 103-465, Title II,
Sec. 261(d)(1)(A)(iii), Dec. 8, 1994, 108 Stat.
4909; June 25, 1999, Pub. L. 106-36,
Sec. 1001(a)(5), 113 Stat. 130.)
Part 6.--CONGRESSIONAL LIAISON AND REPORTS
465.8
465.8 Sec. 2211. Congressional advisers for trade policy and
negotiations.
(a) Selection.
(1) At the beginning of each regular session
of Congress, the Speaker of the House of
Representatives, upon the recommendation of the
chairman of the Committee on Ways and Means,
shall select 5 members (not more than 3 of whom
are members of the same political party) of such
committee, and the President pro tempore of the
Senate, upon the recommendation of the chairman
of the Committee on Finance, shall select 5
members (not more than 3 of whom are members of
the same political party) of such committee, who
shall be designated congressional advisers on
trade policy and negotiations. They shall
provide advice on the development of trade
policy and priorities for the implementation
thereof. They shall also be accredited by the
United States Trade Representative on behalf of
the President as official advisers to the United
States delegations to international conferences,
meetings, and negotiating sessions relating to
trade agreements.
[[Page 718]]
(2)(A) In addition to the advisers
designated under paragraph (1) from the
Committee on Ways and Means and the Committee on
Finance--
(i) the Speaker of the House may select
additional members of the House, for
designation as congressional advisers
regarding specific trade policy matters or
negotiations, from any other committee of
the House or joint committee of Congress
that has jurisdiction over legislation
likely to be affected by such matters or
negotiations; and
(ii) the President pro tempore of the
Senate may select additional members of the
Senate, for designation as congressional
advisers regarding specific trade policy
matters or negotiations, from any other
committee of the Senate or joint committee
of Congress that has jurisdiction over
legislation likely to be affected by such
matters or negotiations.
Members of the House and Senate selected as
congressional advisers under this subparagraph shall
be accredited by the United States Trade
Representative.
(B) Before designating any member under
subparagraph (A), the Speaker or the President
pro tempore shall consult with--
(i) the chairman and ranking member of
the Committee on Ways and Means or the
Committee on Finance, as appropriate; and
(ii) the chairman and ranking minority
member of the committee from which the
member will be selected.
(C) Not more than 3 members (not more than 2
of whom are members of the same political party)
may be selected under this paragraph as advisers
from any committee of Congress.
(b) Briefing.
(1) The United States Trade Representative
shall keep each official adviser designated
under subsection (a)(1) currently informed on
matters affecting the trade policy of the United
States and, with respect to possible agreements,
negotiating objectives, the status of
negotiations in progress, and the nature of any
changes in domestic law or the administration
thereof which may be recommended to Congress to
carry out any trade agreement or any requirement
of, amendment to, or recommendation under, such
agreement.
(2) The United States Trade Representative
shall keep each official adviser designated
under subsection (a)(2) of this section
currently informed regarding the trade policy
matters and negotiations with respect to which
the adviser is designated.
(3)(A) The chairmen of the Committee on Ways
and Means and the Committee on Finance may
designate members (in addition to the official
advisers under subsection (a)(1) of this
section) and staff members of their respective
committees who shall have access to the
information provided to official advisers under
paragraph (1).
(B) The chairman of any committee of the
House or Senate or any joint committee of
Congress from which official advisers are
selected under subsection (a)(2) may designate
other members of such committee, and staff
members of such committee, who shall have access
to the information provided to official advisers
under paragraph (2).
[[Page 719]]
(c) Committee consultation.
The United States Trade Representative shall
consult on a continuing basis with the Committee
on Ways and Means of the House of
Representatives, the Committee on Finance of the
Senate, and the other appropriate committees of
the House and Senate on the development,
implementation, and administration of overall
trade policy of the United States. Such
consultations shall include, but are not limited
to, the following elements of such policy:
(1) The principal multilateral and bilateral
negotiating objectives and the progress being
made toward their achievement.
(2) The implementation, administration, and
effectiveness of recently concluded multilateral
and bilateral trade agreements and resolution of
trade disputes.
(3) The actions taken, and proposed to be
taken, under the trade laws of the United States
and the effectiveness, or anticipated
effectiveness, of such actions in achieving
trade policy objectives.
(4) The important developments and issues in
other areas of trade for which there must be
developed proper policy response.
When necessary, meetings shall be held with each Committee
in executive session to review matters under negotiation.
(Jan. 3, 1975, Pub. L. 93-618, Sec. 161, 88 Stat. 2008; July
26, 1979, Pub. L. 96-39, Sec. 3(e), 93 Stat. 150; Jan. 2,
1980, 1979 Reorg. Plan No. 3, Sec. (b)(1), 93 Stat. 1381;
Aug. 23, 1988, Pub. L. 100-418, Sec. 1632, 102 Stat. 1269.)
465.9
465.9 Sec. 2212. Transmission of agreements to Congress.
(a) As soon as practicable after a trade agreement
entered into under section 2133 or 2134 of this title or
under section 1102 of the Omnibus Trade and Competitiveness
Act of 1988 (19 U.S.C. 2902) has entered into force with
respect to the United States, the President shall, if he has
not previously done so, transmit a copy of such trade
agreement to each House of the Congress together with a
statement, in the light of the advice of the International
Trade Commission under section 2151(b) of this title, if
any, and of other relevant considerations, of his reasons
for entering into the agreement.
(b) The President shall transmit to each Member of the
Congress a summary of the information required to be
transmitted to each House under subsection (a) of this
section. For purposes of this subsection, the term
``Member'' includes any Delegate or Resident Commissioner.
(Jan. 3, 1975, Pub. L. 93-618, Sec. 162, 88 Stat. 2008; Nov.
10, 1988, Pub. L. 100-647, Sec. 9001(a)(10), 102 Stat.
3807.)
465.10
465.10 Sec. 2213. Reports.
(a) Annual report on trade agreements program and
national trade policy agenda.
(1) The President shall submit to the
Congress during each calendar year (but not
later than March 1 of that year) a report on--
(A) the operation of the trade
agreements program, and the provision of
import relief and adjustment assistance to
workers and firms, under this Act during the
preceding calendar year; and
(B) the national trade policy agenda for
the year in which the report is submitted.
[[Page 720]]
(2) The report shall include, with respect
to the matters referred to in paragraph (1)(A),
information regarding--
(A) new trade negotiations;
(B) changes made in duties and nontariff
barriers and other distortions of trade of
the United States;
(C) reciprocal concessions obtained;
(D) changes in trade agreements
(including the incorporation therein of
actions taken for import relief and
compensation provided therefor);
(E) the extension or withdrawal of
nondiscriminatory treatment by the United
States with respect to the products of
foreign countries;
(F) the extension, modification,
withdrawal, suspension, or limitation of
preferential treatment to exports of
developing countries;
(G) the results of actions to obtain the
removal of foreign trade restrictions
(including discriminatory restrictions)
against United States exports and the
removal of foreign practices which
discriminate against United States service
industries (including transportation and
tourism) and investment;
(H) the measures being taken to seek the
removal of other significant foreign import
restrictions;
(I) each of the referrals made under
section 2171(d)(1)(B) of this title and any
action taken with respect to such referral;
(J) other information relating to the
trade agreements program and to the
agreements entered into thereunder; and
(K) the number of applications filed for
adjustment assistance for workers and firms,
the number of such applications which were
approved, and the extent to which adjustment
assistance has been provided under such
approved applications.
(3)(A) The national trade policy agenda
required under paragraph (1)(B) for the year in
which a report is submitted shall be in the form
of a statement of--
(i) the trade policy objectives and
priorities of the United States for the
year, and the reasons therefor;
(ii) the actions proposed, or
anticipated, to be undertaken during the
year to achieve such objectives and
priorities, including, but not limited to,
actions authorized under the trade laws and
negotiations with foreign countries;
(iii) any proposed legislation necessary
or appropriate to achieve any of such
objectives or priorities; and
(iv) the progress that was made during
the preceding year in achieving the trade
policy objectives and priorities included in
the statement provided for that year under
this paragraph.
(B) The President may separately submit any
information referred to in subparagraph (A) to
the Congress in confidence if the President
considers confidentiality appropriate.
(C) Before submitting the national trade
policy agenda for any year, the President shall
seek advice from the appropriate advisory
committees established under section 2155 of
this title and shall consult with the
appropriate committees of the Congress.
(D) The United States Trade Representative
(hereafter referred to in this section as the
``Trade Representative'') and other appro
[[Page 721]]
priate officials of the United States Government
shall consult periodically with the appropriate
committees of the Congress regarding the annual
objectives and priorities set forth in each
national trade policy agenda with respect to--
(i) the status and results of the
actions that have been undertaken to achieve
the objectives and priorities; and
(ii) any development which may require,
or result in, changes to any of such
objectives or priorities.
(b) Annual trade projection report.
(1) In order for the Congress to be informed
of the impact of foreign trade barriers and
macroeconomic factors on the balance of trade of
the United States, the Trade Representative and
the Secretary of the Treasury shall jointly
prepare and submit to the Committee on Finance
of the Senate and the Committee on Ways and
Means of the House of Representatives (hereafter
referred to in this subsection as the
``Committees'') on or before March 1 of each
year a report which consists of--
(A) a review and analysis of--
(i) the merchandise balance of
trade,
(ii) the goods and services
balance of trade,
(iii) the balance on the current
account,
(iv) the external debt position,
(v) the exchange rates,
(vi) the economic growth rates,
(vii) the deficit or surplus in
the fiscal budget, and
(viii) the impact on United
States trade of market barriers and
other unfair practices,
of countries that are major trading partners
of the United States, including, as
appropriate, groupings of such countries;
(B) projections for each of the economic
factors described in subparagraph (A)
(except those described in clauses (v) and
(viii)) for each of the countries and groups
of countries referred to in subparagraph (A)
for the year in which the report is
submitted and for the succeeding year; and
(C) conclusions and recommendations,
based upon the projections referred to in
subparagraph (B), for policy changes,
including trade policy, exchange rate
policy, fiscal policy, and other policies
that should be implemented to improve the
outlook.
(2) To the extent that subjects referred to
in paragraph (1) (A), (B), or (C) are covered in
the national trade policy agenda required under
subsection (a)(1)(B) or in other reports
required by this Act or other law, the Trade
Representative and the Secretary of the Treasury
may, as appropriate, draw on the information,
analysis, and conclusions, if any, in those
reports for the purposes of preparing the report
required by this subsection.
(3) The Trade Representative and the
Secretary of the Treasury shall consult with the
Chairman of the Board of Governors of the
Federal Reserve System in the preparation of
each report required under this subsection.
(4) The Trade Representative and the
Secretary of the Treasury may separately submit
any information, analysis, or conclusion
referred to in paragraph (1) to the Committees
in confidence if the
[[Page 722]]
Trade Representative and the Secretary consider
confidentiality appropriate.
(5) After submission of each report required
under paragraph (1), the Trade Representative
and the Secretary of the Treasury shall consult
with each of the Committees with respect to the
report.
(c) ITC reports.
The United States International Trade
Commission shall submit to the Congress, at
least once a year, a factual report on the
operation of the trade agreements program. (Jan.
3, 1975, Pub. L. 93-618, Sec. 163, 88 Stat.
2009; Aug. 23, 1988, Pub. L. 100-418, Sec. 1641,
102 Stat. 1271.)
* * * * * * *
Part 8.--IDENTIFICATION OF MARKET BARRIERS AND CERTAIN
UNFAIR TRADE ACTIONS
465.11
465.11 Sec. 2241. Estimates of barriers to market access.
(a) National trade estimates.
(1) In general.
For calendar year 1988, and for each
succeeding calendar year, the United States
Trade Representative, through the interagency
trade organization established pursuant to
section 1872(a) of this title and with the
assistance of the interagency advisory committee
established under section 2171(d)(2) of this
title, shall--
(A) identify and analyze acts, policies,
or practices of each foreign country which
constitute significant barriers to, or
distortions of--
(i) United States exports of
goods or services (including
agricultural commodities; and
property protected by trademarks,
patents, and copyrights exported or
licensed by United States persons),
(ii) foreign direct investment
by United States persons, especially
if such investment has implications
for trade in goods or services; and
(iii) United States electronic
commerce,
(B) make an estimate of the trade-
distorting impact on United States commerce
of any act, policy, or practice identified
under subparagraph (A); and
(C) make an estimate, if feasible, of--
(i) the value of additional
goods and services of the United
States,
(ii) the value of additional
foreign direct investment by United
States persons, and
(iii) the value of additional
United States electronic commerce,
that would have been exported to, or
invested in, or transacted with, each
foreign country during such calendar year if
each of such acts, policies, and practices
of such country did not exist.
[[Page 723]]
(2) Certain factors taken into account in making
analysis and estimate.
In making any analysis or estimate under
paragraph (1), the Trade Representative shall
take into account--
(A) the relative impact of the act,
policy, or practice on United States
commerce;
(B) the availability of information to
document prices, market shares, and other
matters necessary to demonstrate the effects
of the act, policy, or practice;
(C) the extent to which such act,
policy, or practice is subject to
international agreements to which the United
States is a party;
(D) any advice given through appropriate
committees established pursuant to section
2155 of this title; and
(E) the actual increase in--
(i) the value of goods and
services of the United States
exported to,
(ii) the value of foreign direct
investment made in, and
(iii) the value of electronic
commerce transacted with,
the foreign country during the calendar year
for which the estimate under paragraph
(1)(C) is made.
(3) Annual revisions and updates.
The Trade Representative shall annually
revise and update the analysis and estimate
under paragraph (1).
(b) Reports.
(1) In general.
On or before April 30, 1989, and on or
before March 31 of each succeeding calendar
year, the Trade Representative shall submit a
report on the analysis and estimates made under
subsection (a) of this section for the calendar
year preceding such calendar year (which shall
be known as the ``National Trade Estimate'') to
the President, the Committee on Finance of the
Senate, and appropriate committees of the House
of Representatives.
(2) Reports to include information with respect to
action being taken.
The Trade Representative shall include in
each report submitted under paragraph (1)
information with respect to any action taken (or
the reasons for no action taken) to eliminate
any act, policy, or practice identified under
subsection (a), including, but not limited to--
(A) any action under section 2411 of this
title,
(B) negotiations or consultations with
foreign governments, or
(C) a section on foreign anticompetitive
practices, the toleration of which by foreign
governments is adversely affecting exports of
United States goods or services.
(3) Consultation with Congress on trade policy
priorities.
The Trade Representative shall keep the
committees described in paragraph (1) currently
informed with respect to trade policy priorities
for the purposes of expanding market
opportunities. After the submission of the
report required by paragraph (1), the Trade
[[Page 724]]
Representative shall also consult periodically
with, and take into account the views of, the
committees described in that paragraph regarding
means to address the foreign trade barriers
identified in the report, including the possible
initiation of investigations under section 2412
of this title or other trade actions.
(c) Assistance of other agencies.
(1) Furnishing of information.
The head of each department or agency of the
executive branch of the Government, including
any independent agency, is authorized and
directed to furnish to the Trade Representative
or to the appropriate agency, upon request, such
data, reports, and other information as is
necessary for the Trade Representative to carry
out his functions under this section. In
preparing the section of the report required by
subsection (b)(2)(C) of this section, the Trade
Representative shall consult in particular with
the Attorney General.
(2) Restrictions on release or use of information.
Nothing in this subsection shall authorize
the release of information to, or the use of
information by, the Trade Representative in a
manner inconsistent with law or any procedure
established pursuant thereto.
(3) Personnel and services.
The head of any department, agency, or
instrumentality of the United States may detail
such personnel and may furnish such services,
with or without reimbursement, as the Trade
Representative may request to assist in carrying
out his functions.
(d) Electronic commerce.
For purposes of this section, the term ``electronic
commerce'' has the meaning given that term in section
1104(3) of the Internet Tax Freedom Act. (Pub. L. 93-618,
Title I, Sec. 181, as added Pub. L. 98-573, Title III,
Sec. 303(a), Oct. 30, 1984, 98 Stat. 3001, and amended Pub.
L. 100-418, Title I, Sec. 1304, Aug. 23, 1988, 102 Stat.
1181; Pub. L. 103-465, Title III, Secs. 311(a), 312, Dec. 8,
1994, 108 Stat. 4938; Pub. L. 105-277, Div. C, Title XII,
Sec. 1202, Oct. 21, 1998, 112 Stat. 2681-726.)
* * * * * * *
Chapter 17.--NEGOTIATION AND IMPLEMENTATION OF TRADE
AGREEMENTS
* * * * * * *
465.12
465.12 Sec. 2903. Implementation of trade agreements.
(a) In general.
(1) Any agreement entered into under section
2902 (b) or (c) of this title shall enter into
force with respect to the United States if (and
only if)--
(A) the President, at least 90 calendar
days before the day on which he enters into
the trade agreement, notifies the House of
Representatives and the Senate of his
intention to enter into the agreement, and
promptly thereafter publishes notice of such
intention in the Federal Register,
[[Page 725]]
(B) after entering into the agreement,
the President submits a document to the
House of Representatives and to the Senate
containing a copy of the final legal text of
the agreement, together with--
(i) a draft of an implementing
bill,
(ii) a statement of any
administrative action proposed to
implement the trade agreement, and
(iii) the supporting information
described in paragraph (2); and
(C) the implementing bill is enacted
into law.
(2) The supporting information required
under paragraph (1)(B)(iii) consists of--
(A) an explanation as to how the
implementing bill and proposed
administrative action will change or affect
existing law; and
(B) a statement--
(i) asserting that the agreement
makes progress in achieving the
applicable purposes, policies, and
objectives of this title,
(ii) setting forth the reasons
of the President regarding--
(I) how and to what
extent the agreement makes
progress in achieving the
applicable purposes,
policies, and objectives
referred to in clause (i),
and why and to what extent
the agreement does not
achieve other applicable
purposes, policies, and
objectives,
(II) how the agreement
serves the interests of
United States commerce, and
(III) why the
implementing bill and
proposed administrative
action is required or
appropriate to carry out the
agreement;
(iii) describing the efforts
made by the President to obtain
international exchange rate
equilibrium and any effect the
agreement may have regarding
increased international monetary
stability; and
(iv) describing the extent, if
any, to which--
(I) each foreign country
that is a party to the
agreement maintains non-
commercial state trading
enterprises that may
adversely affect, nullify,
or impair the benefits to
the United States under the
agreement, and
(II) the agreement
applies to or affects
purchases and sales by such
enterprises.
(3) To ensure that a foreign country which
receives benefits under a trade agreement
entered into under section 2902(b) or (c) of
this title is subject to the obligations imposed
by such agreement, the President shall recommend
to Congress in the implementing bill and
statement of administrative action submitted
with respect to such agreement that the benefits
and obligations of such agreement apply solely
to the parties to such agreement, if such
application is consistent with the terms of such
agreement. The President may also recommend with
respect to any such agreement that the benefits
and obligations of such agreement not apply
uniformly to all parties to such agreement, if
such application is consistent with the terms of
such agreement.
[[Page 726]]
(b) Application of Congressional ``fast track''
procedures to implementing bills.
(1) Except as provided in subsection (c)--
(A) the provisions of section 2191 of
this title (hereinafter in this section
referred to as ``fast track procedures'')
apply to implementing bills submitted with
respect to trade agreements entered into
under section 2902 (b) or (c) of this title
before June 1, 1991; and
(B) such fast track procedures shall be
extended to implementing bills submitted
with respect to trade agreements entered
into under section 2902 (b) or (c) of this
title after May 31, 1991, and before June 1,
1993, if (and only if)--
(i) the President requests such
extension under paragraph (2); and
(ii) neither House of the
Congress adopts an extension
disapproval resolution under
paragraph (5) before June 1, 1991.
(2) If the President is of the opinion that
the fast track procedures should be extended to
implementing bills described in paragraph
(1)(B), the President must submit to the
Congress, no later than March 1, 1991, a written
report that contains a request for such
extension, together with--
(A) a description of all trade
agreements that have been negotiated under
section 2902(b) or (c) of this title and the
anticipated schedule for submitting such
agreements to the Congress for approval;
(B) a description of the progress that
has been made in multilateral and bilateral
negotiations to achieve the purposes,
policies, and objectives of this title, and
a statement that such progress justifies the
continuation of negotiations; and
(C) a statement of the reasons why the
extension is needed to complete the
negotiations.
(3) The President shall promptly inform the
Advisory Committee for Trade Policy and
Negotiations established under section 135 of
the Trade Act of 1974 (19 U.S.C. 2155) of his
decision to submit a report to Congress under
paragraph (2). The Advisory Committee shall
submit to the Congress as soon as practicable,
but no later than March 1, 1991, a written
report that contains--
(A) its views regarding the progress
that has been made in multilateral and
bilateral negotiations to achieve the
purposes, policies, and objectives of this
title; and
(B) a statement of its views, and the
reasons therefor, regarding whether the
extension requested under paragraph (2)
should be approved or disapproved.
(4) The reports submitted to Congress under
paragraphs (2) and (3), or any portion of the
reports, may be classified to the extent the
President determines appropriate.
(5)(A) For purposes of this subsection, the
term ``extension disapproval resolution'' means
a resolution of either House of the Congress,
the sole matter after the resolving clause of
which is as follows: ``That the ------
disapproves the request of the President for the
extension, under section 1103(b)(1)(B)(i) of the
Omnibus Trade and Competitiveness Act of 1988
[19 U.S.C. 2903(b)(1)(B)(i)],
[[Page 727]]
of the provisions of section 151 of the Trade
Act of 1974 [19 U.S.C. 2191] to any implementing
bill submitted with respect to any trade
agreement entered into under section 1102(b) or
(c) of such Act [19 U.S.C. 2902(b) or (c)] after
May 31 1991, because sufficient tangible
progress has not been made in trade
negotiations.'', with the blank space being
filled with the name of the resolving House of
Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of
the Congress by any member of such House;
and
(ii) shall be jointly referred, in the
House of Representatives, to the Committee
on Ways and Means and the Committee on
Rules.
(C) The provisions of section 2192 (d) and
(e) of this title (relating to the floor
consideration of certain resolutions in the
House and Senate) apply to extension disapproval
resolutions.
(D) It is not in order for--
(i) the Senate to consider any extension
disapproval resolution not reported by the
Committee on Finance;
(ii) the House of Representatives to
consider any extension disapproval
resolution not reported by the Committee on
Ways and Means and the Committee on Rules;
or
(iii) either House of the Congress to
consider an extension disapproval resolution
that is reported to such House after May 15,
1991.
(c) Limitations on use of ``fast track'' procedures.
(1)(A) The fast track procedures shall not
apply to any implementing bill submitted with
respect to a trade agreement entered into under
section 2902(b) or (c) of this title if both
Houses of the Congress separately agree to
procedural disapproval resolutions within any
60-day period.
(B) Procedural disapproval resolutions--
(i) in the House of Representatives--
(I) shall be introduced by the
chairman or ranking minority member
of the Committee on Ways and Means
or the chairman or ranking minority
member of the Committee on Rules,
(II) shall be jointly referred
to the Committee on Ways and Means
and the Committee on Rules, and
(III) may not be amended by
either Committee; and
(ii) in the Senate shall be original
resolutions of the Committee on Finance.
(C) The provisions of section 2192 (d) and
(e) of this title (relating to the floor
consideration of certain resolutions in the
House and Senate) apply to procedural
disapproval resolutions.
(D) It is not in order for the House of
Representatives to consider any procedural
disapproval resolution not reported by the
Committee on Ways and Means and the Committee on
Rules.
(E) For purposes of this subsection, the
term ``procedural disapproval resolution'' means
a resolution of either House of the Congress,
the sole matter after the resolving clause of
which is as follows: ``That the President has
failed or refused to consult with Congress on
trade negotiations and trade agreements in
accordance
[[Page 728]]
with the provisions of the Omnibus Trade and
Competitiveness Act of 1988, and, therefore, the
provisions of section 151 of the Trade Act of
1974 [19 U.S.C. 2191] shall not apply to any
implementing bill submitted with respect to any
trade agreement entered into under section 1102
(b) or (c) of such Act of 1988, [19 U.S.C.
2902(b) or (c)] if, during the 60-day period
beginning on the date on which this resolution
is agreed to by the ------, the ------ agrees to
a procedural disapproval resolution (within the
meaning of section 1103(c)(1)(E) of such Act of
1988 [19 U.S.C. 2903(c)(1)(E)].'', with the
first blank space being filled with the name of
the resolving House of the Congress and the
second blank space being filled with the name of
the other House of the Congress.
(2) The fast track procedures shall not
apply to any implementing bill that contains a
provision approving of any trade agreement which
is entered into under section 2902(c) of this
title with any foreign country if either--
(A) the requirements of section
2902(c)(3) of this title are not met with
respect to the negotiation of such
agreement; or
(B) the Committee on Finance of the
Senate or the Committee on Ways and Means of
the House of Representatives disapproves of
the negotiation of such agreement before the
close of the 60-day period which begins on
the date notice is provided under section
2902(c)(3)(i) of this title with respect to
the negotation of such agreement.
(d) Rules of House of Representatives and Senate.
Subsections (b) and (c) are enacted by the
Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such is deemed a part of
the rules of each House, respectively, and such
procedures supersede other rules only to the
extent that they are inconsistent with such
other rules; and
(2) with the full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedures
of that House) at any time, in the same manner,
and to the same extent as any other rule of the
House.
(e) Computation of certain periods of time.
Each period of time described in subsection
(c)(1)(A) and (E) and (2) of this section shall
be computed without regard to--
(1) the days on which either House of
Congress is not in session because of an
adjournment of more than 3 days to a day certain
or an adjournment of the Congress sine die; and
(2) any Saturday and Sunday, not excluded
under paragraph (1), when either House of the
Congress is not in session. (Aug. 23, 1988, Pub.
L. 100-418, Sec. 1103, 102 Stat. 1128.)
* * * * * * *
Chapter 22.--URUGUAY ROUND TRADE AGREEMENTS
* * * * * * *
465.13
465.13 Sec. 3534. Annual report on the WTO.
Not later than March 1 of each year beginning in 1996,
the Trade Representative shall submit to the Congress a
report describing, for the preceding fiscal year of the
WTO--
[[Page 729]]
(1) the major activities and work programs
of the WTO, including the functions and
activities of the committees established under
article IV of the WTO Agreement, and the
expenditures made by the WTO in connection with
those activities and programs;
(2) the percentage of budgetary assessments
by the WTO that were accounted for by each WTO
member county, including the United States;
(3) the total number of personnel employed
or retained by the Secretariat of the WTO, and
the number of professional, administrative, and
support staff of the WTO;
(4) for each personnel category described in
paragraph (3), the number of citizens of each
country, and the average salary of the
personnel, in that category;
(5) each report issued by a panel or the
Appellate Body in a dispute settlement
proceeding regarding Federal or State law, and
any efforts by the Trade Representative to
provide for implementation of the
recommendations contained in a report that is
adverse to the United States;
(6) each proceeding before a panel or the
Appellate Body that was initiated during that
fiscal year regarding Federal or State law, the
status of the proceeding, and the matter at
issue;
(7) the status of consultations with any
State whose law was the subject of a report
adverse to the United States that was issued by
a panel or the Appellate Body; and
(8) any progress achieved in increasing the
transparency of proceedings of the Ministerial
Conference and the General Council, and of
dispute settlement proceedings conducted
pursuant to the Dispute Settlement
Understanding. (Dec. 8, 1994, Pub.L. 103-465,
Title I, Sec. 124, 108 Stat. 4832.)
465.14
465.14 Sec. 3535. Review of participation in the WTO.
(a) Report on the operation of the WTO.
The first annual report submitted to the Congress under
section 3534 of this title--
(1) after the end of the 5-year period
beginning on the date on which the WTO Agreement
enters into force with respect to the United
States, and
(2) after the end of every 5-year period
thereafter,
shall include an analysis of the effects of the WTO
Agreement on the interests of the United States, the costs
and benefits to the United States of its participation in
the WTO, and the value of the continued participation of the
United States in the WTO.
(b) Congressional disapproval of U.S. participation in the
WTO.
(1) General rule.
The approval of the Congress, provided under
section 3511(a) of this title, of the WTO
Agreement shall cease to be effective if, and
only if, a joint resolution described in
subsection (c) of this section is enacted into
law pursuant to the provisions of paragraph (2).
[[Page 730]]
(2) Procedural provisions.
(A) The requirements of this paragraph
are met if the joint resolution is enacted
under subsection (c) of this section, and--
(i) the Congress adopts and
transmits the joint resolution to
the President before the end of the
90-day period (excluding any day
described in section 2194(b) of this
title), beginning on the date on
which the Congress receives a report
referred to in subsection (a) of
this section, and
(ii) if the President vetoes the
joint resolution, each House of
Congress votes to override that veto
on or before the later of the last
day of the 90-day period referred to
in clause (i) or the last day of the
15-day period (excluding any day
described in section 2194(b) of this
title) beginning on the date on
which the Congress receives the veto
message from the President.
(B) A joint resolution to which this
section applies may be introduced at any
time on or after the date on which the
President transmits to the Congress a report
described in subsection (a) of this section,
and before the end of the 90-day period
referred to in subparagraph (A).
(c) Joint resolutions.
(1) Joint resolutions.
For purposes of this section, the term
``joint resolution'' means only a joint
resolution of the 2 Houses of Congress, the
matter after the resolving clause of which is as
follows: ``That the Congress withdraws its
approval, provided under section 101(a) of the
Uruguay Round Agreements Act, of the WTO
Agreement as defined in section 2(9) of that
Act.''.
(2) Procedures.
(A) Joint resolutions may be introduced
in either House of the Congress by any
member of such House.
(B) Subject to the provisions of this
subsection, the provisions of subsections
(b), (d), (e), and (f) of section 2192 of
this title apply to joint resolutions to the
same extent as such provisions apply to
resolutions under such section.
(C) If the committee of either House to
which a joint resolution has been referred
has not reported it by the close of the 45th
day after its introduction (excluding any
day described in section 2194(b) of this
title), such committee shall be
automatically discharged from further
consideration of the joint resolution and it
shall be placed on the appropriate calendar.
(D) It is not in order for--
(i) the Senate to consider any
joint resolution unless it has been
reported by the Committee on Finance
or the committee has been discharged
under subparagraph (C); or
(ii) the House of
Representatives to consider any
joint resolution unless it has been
reported by the Committee on Ways
and Means or the committee has been
discharged under subparagraph (C).
(E) A motion in the House of
Representatives to proceed to the
consideration of a joint resolution may only
be made on
[[Page 731]]
the second legislative day after the
calendar day on which the Member making the
motion announces to the House his or her
intention to do so.
(3) Consideration of second resolution not in order.
It shall not be in order in either the House
of Representatives or the Senate to consider a
joint resolution (other than a joint resolution
received from the other House), if that House
has previously adopted a joint resolution under
this section.
(d) Rules of House of Representatives and Senate.
This section is enacted by the Congress--
(1) as an exercise of the rulemaking
power of the House of Representatives and
the Senate, respectively, and as such is
deemed a part of the rules of each House,
respectively, and such procedures supersede
other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the
constitutional right of either House to
change the rules (so far as relating to the
procedures of that House) at any time, in
the same manner, and to the same extent as
any other rules of that House. (Dec. 8,
1994, Pub. L. 103-465, Title I, Sec. 125,
108 Stat. 4833.)
* * * * * * *
[[Page 732]]
TITLE 20.--EDUCATION
Chapter 3.--SMITHSONIAN INSTITUTION
470
470 Sec. 42. Board of Regents; members.
(a) Composition
The business of the Institution shall be conducted at
the city of Washington by a Board of Regents, named the
Regents of the Smithsonian Institution, to be composed of
the Vice President, the Chief Justice of the United States,
three Members of the Senate, three Members of the House of
Representatives, and nine other persons, other than Members
of Congress, two of whom shall be resident in the city of
Washington, and seven of whom shall be inhabitants of some
State, but no two of them of the same State.
(b) Modification of number, appointment or tenure of
members; exceptions
Notwithstanding any other provision of law, the Board of
Regents of the Smithsonian Institution may modify the number
of members, manner of appointment of members, or tenure of
members, of the boards or commissions under the jurisdiction
of the Smithsonian Institution, other than--
(1) the Board of Regents of the Smithsonian
Institution; and
(2) the boards or commissions of the
National Gallery of Art, the John F. Kennedy
Center for the Performing Arts, and the Woodrow
Wilson International Center for Scholars.
(As amended Oct. 21, 1998, Pub. L. 105-277, Div. A,
Sec. 101(e) [Title III, Sec. 355], 112 Stat. 2681-231, 2681-
303.)
471
471 Sec. 43. Appointment of regents; terms of office; vacancies.
The regents to be selected shall be appointed as
follows: The Members of the Senate by the President thereof;
the Members of the House by the Speaker thereof; and the
nine other persons by joint resolution of the Congress. The
Members of the House so appointed shall serve for the term
of two years; and on every alternate fourth Wednesday of
December a like number shall be appointed in the same
manner, to serve until the fourth Wednesday in December, in
the second year succeeding their appointment. The Senators
so appointed shall serve during the term for which they
shall hold, without reelection, their office as Senators.
Vacancies, occasioned by death, resignation, or otherwise,
shall be filled as vacancies in committees are filled. The
regular term of service for the other nine members shall be
six years; and new elections thereof shall be made by joint
resolutions of Congress. Vacancies occasioned by death,
resignation, or otherwise may be filled in like manner by
joint resolution of Congress. (R.S. Sec. 5581; Dec. 15,
1970, Pub. L. 91-551, 84 Stat. 1440.)
[[Page 733]]
TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE
Chapter 7.--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
* * * * * * *
471.5
471.5 Sec. 276. Bureau of Interparliamentary Union; authorization
of appropriations.
There is authorized to be appropriated for fiscal year
1976 and for each subsequent fiscal year for the annual
contribution of the United States toward the maintenance of
the Bureau of the Interparliamentary Union for the promotion
of international arbitration, an amount equal to 13.61 per
centum of the budget of the Interparliamentary Union for the
year with respect to which such contribution is to be made
if the American group of the Interparliamentary Union has
approved such budget.
(As amended Oct. 21, 1998, Pub. L. 105-277, Div. G, Title
XXV, Sec. 2503(b), 112 Stat. 2681-837.)
Conditional Repeal
Pub. L. 105-277, Div. G, Title XXV, Sec. 2503(d), Oct. 21, 1998, 112 Stat.
2681-837 provided that unless Congress receives certification described in
subsection (a) [section 2503(a) of Pub. L. 105-277, Div. G, Title XXV,
enacting a note provision under this section] before October 1, 1999,
effective on that date the Act entitled ``An Act to authorize participation
by the United States in the Interparliamentary Union'', approved June 28,
1935 [22 U.S.C.A. Secs. 276 to 276a-4] is repealed. See Effective and
Termination Dates note under this section.
471.6
471.6 Sec. 276a-2. Conference of the Interparliamentary Union and
all other parliamentary conferences; appointment of
delegates from Senate; Chairman; Vice Chairman.
Senate delegates to each conference of the
Interparliamentary Union, and to all other parliamentary
conferences, shall be designated by the President of the
Senate upon recommendations of the majority and minority
leaders of the Senate. Unless the President of the Senate,
upon the recommendation of the majority leader, determines
otherwise, the Chairman or Vice Chairman of the Senate
delegation shall be a Member from the Foreign Relations
Committee. Not fewer than two Senators designated to be in
the Senate delegation to each conference of the
Interparliamentary Union shall be members of the Committee
on Foreign Relations. (June 28, 1935, ch. 322, Sec. 4, as
added June 15, 1977, Pub. L. 95-45, Sec. 4(d)(3), 91 Stat.
223.)
[[Page 734]]
471.7
471.7 Sec. 276a-3. Executive secretary of American group of
Interparliamentary Union.
After December 31, 1977, the executive secretary of the
American group of the Interparliamentary Union shall be an
officer or employee of the Senate or the House of
Representatives and shall be appointed--
(1) by the Chairman of the Senate delegation
upon recommendations of the majority and
minority leaders of the Senate for service
during odd-numbered Congresses; and
(2) by the Chairman of the House delegation
for service during even-numbered Congresses.
(June 28, 1935, ch. 322, Sec. 5, as added June
15, 1977, Pub. L. 95-45, Sec. 4(d)(3), 91 Stat.
223.)
471.8
471.8 Sec. 276a-4. Auditing of accounts of House and Senate
delegations to Interparliamentary Union; finality and
conclusiveness of certificate of Chairman.
The certificate of the Chairman of the respective
delegation to the Interparliamentary Union (or the
certificate of the executive secretary of the American group
if the Chairman delegates such authority to him) shall be
final and conclusive upon the accounting officers in the
auditing of all accounts of the House and Senate delegations
to the Interparliamentary Union. (June 28, 1935, ch. 322,
Sec. 6, as added June 15, 1977, Pub. L. 95-45, Sec. 4(d)(3),
91 Stat. 223.)
471.9
471.9 Sec. 276c-1. Reports of expenditures by members of American
groups or delegations and employees; consolidated
reports by Congressional committees; public inspection.
Each chairman or senior member of the House of
Representatives and Senate group or delegation of the United
States group or delegation to the Interparliamentary Union,
the North Atlantic Assembly, the Canada-United States
Interparliamentary Group, the Mexico-United States
Interparliamentary Group, or any similar interparliamentary
group of which the United States is a member or
participates, by whom or on whose behalf local currencies
owned by the United States are made available and expended
and/or expenditures are made from funds appropriated for the
expenses of such group or delegation, shall file with the
chairman of the Committee on Foreign Relations of the Senate
in the case of the group or delegation of the Senate, or
with the chairman of the Committee on Foreign Affairs of the
House of Representatives in the case of the group or
delegation of the House, an itemized report showing all such
expenditures made by or on behalf of each Member or employee
of the group or delegation together with the purposes of the
expenditure, including per diem (lodging and meals),
transportation, and other purposes. Within sixty days after
the beginning of each regular session of Congress, the
chairman of the Committee on Foreign Relations and the
chairman of the Committee on Foreign Affairs shall prepare
consolidated reports showing with respect to each such group
or delegation the total amount expended, the purposes of the
expenditures, the amount expended for each such purpose, the
names of the Members or employees by or on behalf of whom
the expenditures were made and the amount expended by or on
behalf of each Member or employee for each such purpose. The
consolidated reports prepared by the chairman of the
Committee on Foreign Relations of the Senate shall be filed
with the Secretary of the Senate, and the consolidated
reports prepared by the chairman of the Committee on Foreign
Affairs of the
[[Page 735]]
House shall be filed with the Clerk of the House and shall
be open to public inspection. (As amended Pub. L. 103-437,
Sec. 9(a)(2), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 104-186,
Title II, Sec. 218(1), Aug. 20, 1996, 110 Stat. 1747.)
canada-united states interparliamentary group
471.10
471.10 Sec. 276d. United States group; appointment; term; meetings.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and at least annually and when
Congress is not in session (except that this restriction
shall not apply during the first session of the Eighty-sixth
Congress or to meetings held in the United States) with
representatives of the House of Commons and Senate of the
Canadian Parliament for discussion of common problems in the
interests of relations between the United States and Canada.
Of the Members of the Congress to be appointed for the
purposes of this section (hereinafter designated as the
United States group) half shall be appointed by the Speaker
of the House from Members of the House (not less than four
of whom shall be from the Foreign Affairs Committee), and
half shall be appointed by the President of the Senate upon
recommendations of the majority and minority leaders of the
Senate from Members of the Senate (not less than four of
whom shall be from the Foreign Relations Committee).
Such appointments shall be for the period of each
meeting of the Canada-United States Interparliamentary group
except for the four members of the Foreign Affairs Committee
and the four members of the Foreign Relations Committee,
whose appointments shall be for the duration of each
Congress.
The Chairman or Vice Chairman of the House delegation
shall be a Member from the Foreign Affairs Committee, and,
unless the President of the Senate, upon the recommendation
of the Majority Leader, determines otherwise, the Chairman
or Vice Chairman of the Senate delegation shall be a Member
from the Foreign Relations Committee. (Pub. L. 86-42,
Sec. 1, June 11, 1959, 73 Stat. 72; Pub. L. 95-45,
Sec. 4(a), June 15, 1977, 91 Stat. 222; Pub. L. 103-437,
Sec. 9(a)(3), Nov. 2, 1994, 108 Stat. 4588.)
471.10a
471.10a Sec. 276e. Authorization of appropriations; disbursements.
An appropriation of $70,000 annually is authorized,
$35,000 of which shall be for the House delegation and
$35,000 for the Senate delegation, or so much thereof as may
be necessary, to assist in meeting the expenses of the
United States group of the Canada-United States
Interparliamentary group for each fiscal year for which an
appropriation is made, the House and Senate portions of such
appropriation to be disbursed on vouchers to be approved by
the Chairman of the House delegation and the Chairman of the
Senate delegation, respectively. (Pub. L. 86-42, Sec. 2,
June 11, 1959, 73 Stat. 72; Pub. L. 94-350, Title I,
Sec. 118(a), July 12, 1976, 90 Stat. 827; Pub. L. 103-236,
Title V, Sec. 502(a)(2), Apr. 30, 1994, 108 Stat. 462.)
[[Page 736]]
mexico-united states interparliamentary group
471.11
471.11 Sec. 276h. United States group; appointment; term; meetings.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and at least annually with
representatives of the Chamber of Deputies and Chamber of
Senators of the Mexican Congress for discussion of common
problems in the interests of relations between the United
States and Mexico. Of the Members of the Congress to be
appointed for the purposes of this section (hereinafter
designated as the United States group) half shall be
appointed by the Speaker of the House from Members of the
House (not less than four of whom shall be from the Foreign
Affairs Committee), and half shall be appointed by the
President of the Senate upon recommendations of the majority
and minority leaders of the Senate from Members of the
Senate (not less than four of whom shall be from the Foreign
Relations Committee). Such appointments shall be for the
period of each meeting of the Mexico-United States
Interparliamentary group except for the four members of the
Foreign Affairs Committee, and the four members of the
Foreign Relations Committee, whose appointments shall be for
the duration of each Congress.
The Chairman or Vice Chairman of the House delegation
shall be a Member from the Foreign Affairs Committee, and,
unless the President of the Senate, upon the recommendation
of the Majority Leader, determines otherwise, the Chairman
or Vice Chairman of the Senate delegation shall be a Member
from the Foreign Relations Committee. (Pub. L. 86-420,
Sec. 1, Apr. 9, 1960, 74 Stat. 40; Pub. L. 95-45, Sec. 4(b),
June 15, 1977, 91 Stat. 222; Pub. L. 103-437, Sec. 9(a)(4),
Nov. 2, 1994, 108 Stat. 4585.)
471.11a
471.11a Sec. 276i. Authorization of appropriations; disbursements.
An appropriation of $80,000 annually is authorized,
$40,000 of which shall be for the House delegation and
$40,000 for the Senate delegation, or so much thereof as may
be necessary, to assist in meeting the expenses of the
United States group of the Mexico-United States
Interparliamentary group for each fiscal year for which an
appropriation is made, the House and Senate portions of such
appropriation to be disbursed on vouchers to be approved by
the Chairman of the House delegation and the Chairman of the
Senate delegation, respectively. (As amended Pub. L. 101-
515, Title III, Sec. 304(c), Nov. 5, 1990, 104 Stat. 2129;
Pub. L. 103-236, Title V, Sec. 502(a)(1), Apr. 30, 1994, 108
Stat. 461.)
471.12
471.12 Sec. 276l. British-American Interparliamentary Group.
(a) Establishment and meetings.
Not to exceed 24 Members of Congress shall be appointed
to meet annually and when the Congress is not in session
(except that this restriction shall not apply to meetings
held in the United States), with representatives of the
House of Commons and the House of Lords of the Parliament of
Great Britain for discussion of common problems in the
interest of relations between the United States and Great
Britain. The Members of Congress so appointed shall be
referred to as the ``United States group'' of the United
States Interparliamentary Group.
[[Page 737]]
(b) Appointment of members.
Of the Members of Congress appointed for purposes of
this section--
(1) half shall be appointed by the Speaker
of the House of Representatives from among
Members of the House (not less than 4 of whom
shall be members of the Committee on Foreign
Affairs), and
(2) half shall be appointed by the President
pro tempore of the Senate, upon recommendations
of the majority and minority leaders of the
Senate, from among Members of the Senate (not
less than 4 of whom shall be members of the
Committee on Foreign Relations) unless the
majority and minority leaders of the Senate
determine otherwise.
(c) Chair and Vice Chair.
(1) The Chair or Vice Chair of the House delegation of
the United States group shall be a member from the Committee
on Foreign Affairs.
(2) The President pro tempore of the Senate shall
designate the Chair or Vice Chair of the Senate delegation.
(d) Funding.
There is authorized to be appropriated $50,000 for each
fiscal year to assist in meeting the expenses of the United
States group for each fiscal year for which an appropriation
is made, half of which shall be for the House delegation and
half of which shall be for the Senate delegation. The House
and Senate portions of such appropriations shall be
disbursed on vouchers to be approved by the Chair of the
House delegation and the Chair of the Senate delegation,
respectively.
(e) Certification of expenditures.
The certificate of the Chair of the House delegation or
the Senate delegation of the United States group shall be
final and conclusive upon the accounting officers in the
auditing of the accounts of the United States group.
(f) Annual report.
The United States group shall submit to the Congress a
report for each fiscal year for which an appropriation is
made for the United States group, which shall include its
expenditures under such appropriation.
(g) [Omitted.] (Pub. L. 102-138, Title I, Sec. 168, Oct. 28,
1991, 105 Stat. 676.)
471.13
471.13 Sec. 276m. United States Delegation to the Parliamentary
Assembly of the Conference on Security and Cooperation
in Europe (CSCE).
(a) Establishment.
In accordance with the allocation of seats to the United
States in the Parliamentary Assembly of the Conference on
Security and Cooperation in Europe (hereinafter referred to
as the ``CSCE Assembly'') not to exceed 17 Members of
Congress shall be appointed to meet jointly and annually
with representative parliamentary groups from other
Conference on Security and Cooperation in Europe (CSCE)
member-nations for the purposes of--
(1) assessing the implementation of the
objectives of the CSCE;
[[Page 738]]
(2) discussing subjects addressed during the
meetings of the Council of Ministers for Foreign
Affairs and the biennial Summit of Heads of
State or Government;
(3) initiating and promoting such national
and multilateral measures as may further
cooperation and security in Europe.
(b) Appointment of Delegation.
For each meeting of the CSCE Assembly, there shall be
appointed a United States Delegation, as follows:
(1) In 1992 and every even-numbered year
thereafter, 9 Members shall be appointed by the
Speaker of the House from Members of the House
(not less than 4 of whom, including the Chairman
of the United States Delegation, shall be from
the Committee on Foreign Affairs); and 8 Members
shall, upon recommendations of the Majority and
Minority leaders of the Senate, be appointed by
the President pro tempore of the Senate from
Members of the Senate (not less than 4 of whom,
including the Vice Chairman of the United States
Delegation, shall be from the Committee on
Foreign Relations, unless the President pro
tempore of the Senate, upon recommendations of
the Majority and Minority leaders of the Senate,
determines otherwise).
(2) In every odd-numbered year beginning in
1993, 9 Members shall, upon recommendation of
the Majority and Minority Leaders of the Senate,
be appointed by the President pro tempore of the
Senate from Members of the Senate (not less than
4 of whom, including the Chairman of the United
States Delegation, shall be from the Committee
on Foreign Relations, unless the President pro
tempore of the Senate, upon recommendations of
the Majority and Minority leaders of the Senate,
determines otherwise); and 8 Members shall be
appointed by the Speaker of the House from
Members of the House (not less than 4 of whom,
including the Vice Chairman, shall be from the
Committee on Foreign Affairs).
(c) Administrative support.
For the purpose of providing general staff support and
continuity between successive delegations, each United
States Delegation shall have 2 secretaries (one of whom
shall be appointed by the Chairman of the Committee on
Foreign Affairs of the House of Representatives and one of
whom shall be appointed by the Chairman of the Delegation of
the Senate).
(d) Funding.
(1) United States participation.
There is authorized to be appropriated for
each fiscal year $80,000 to assist in meeting
the expenses of the United States delegation.
For each fiscal year for which an appropriation
is made under this subsection, half of such
appropriation may be disbursed on voucher to be
approved by the Chairman and half of such
appropriation may be disbursed on voucher to be
approved by the Vice Chairman.
(2) Availability of appropriations.
Amounts appropriated pursuant to this
subsection are authorized to be available until
expended.
[[Page 739]]
(e) Annual report.
The United States Delegation shall, for each fiscal year
for which an appropriation is made, submit to the Congress a
report including its expenditures under such appropriation.
The certificate of the Chairman and Vice Chairman of the
United States Delegation shall be final and conclusive upon
the accounting officers in the auditing of the accounts of
the United States Delegation. (Pub. L. 102-138, Title I,
Sec. 169, Oct. 28, 1991, 105 Stat. 677.)
Note
There are authorized to be appropriated for each fiscal
year $50,000 for expenses of United States participation in
the United States-European Community Interparliamentary
Group. (November 22, 1983, Public Law 98-164, Sec. 109(c),
as amended September 19, 1986, Public Law 99-415, Sec. 7(b),
and October 1, 1988, Public Law 100-459, Sec. 303(c)).
Chapter 24.--MUTUAL SECURITY PROGRAM
472
472 Sec. 1754. Foreign currencies.
* * * * * * *
(b) Availability to Members and employees of Congress;
authorization requirements; reports.
(1)(A) Notwithstanding section 1306 of title 31, or any
other provision of law--
(i) local currencies owned by the United
States, which are in excess of the amounts
reserved under section 2362(a) of this title,
and of the requirements of the United States
Government in payment of its obligations outside
the United States, as such requirements may be
determined from time to time by the President;
and
(ii) any other local currencies owned by the
United States in amounts not to exceed the
equivalent of $75 per day per person or the
maximum per diem allowance established under the
authority of subchapter I of chapter 57 of Title
5 for employees of the United States Government
while traveling in a foreign country, whichever
is greater, exclusive of the actual cost of
transportation;
shall be made available to Members and employees of the
Congress for their local currency expenses when authorized
as provided in subparagraph (B).
(B) The authorization required for purposes of
subparagraph (A) may be provided--
(i) by the Speaker of the House of
Representatives in the case of a Member or
employee of the House;
(ii) by the chairman of a standing or select
committee of the House of Representatives in the
case of a member or employee of that committee;
(iii) by the President of the Senate, the
President pro tempore of the Senate, the
Majority Leader of the Senate, or the Minority
Leader of the Senate, in the case of a Member or
employee of the Senate;
(iv) by the chairman of a standing, select,
or special committee of the Senate in the case
of a member or employee of that committee or of
an employee of a member of that committee; and
[[Page 740]]
(v) by the chairman of a joint committee of
the Congress in the case of a member or employee
of that committee.
(C) Whenever local currencies owned by the United States
are not otherwise available for purposes of this subsection,
the Secretary of the Treasury shall purchase such local
currencies as may be necessary for such purposes, using any
funds in the Treasury not otherwise appropriated.
(2) On a quarterly basis, the chairman of each committee
of the House of Representatives or the Senate and of each
joint committee of the Congress (A) shall prepare a
consolidated report (i) which itemizes the amounts and
dollar equivalent values of each foreign currency expended
and the amounts of dollar expenditures from appropriated
funds in connection with travel outside the United States,
stating the purposes of the expenditures including per diem
(lodging and meals), transportation, and other purposes, and
(ii) which shows the total itemized expenditures, by such
committee and by each member or employee of such committee
(including in the case of a committee of the Senate, each
employee of a member of the committee who received an
authorization under paragraph (1) from the chairman of the
committee); and (B) shall forward such consolidated report
to the Clerk of the House of Representatives (if the
committee is a committee of the House of Representatives or
a joint committee whose funds are disbursed by the Chief
Administrative Officer of the House) or to the Secretary of
the Senate (if the committee is a committee of the Senate or
a joint committee whose funds are disbursed by the Secretary
of the Senate). Each such consolidated report shall be open
to public inspection and shall be published in the
Congressional Record within ten legislative days after the
report is forwarded pursuant to this paragraph. In the case
of the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives, such consolidated report may, in the
discretion of the chairman of the committee, omit such
information as would identify the foreign countries in which
members and employees of that committee traveled.
(3)(A) Each Member or employee who receives an
authorization under paragraph (1) from the Speaker of the
House of Representatives, the President of the Senate, the
President pro tempore of the Senate, the Majority Leader of
the Senate, or the Minority Leader of the Senate, shall
within thirty days after the completion of the travel
involved, submit a report setting forth the information
specified in paragraph (2), to the extent applicable, to the
Clerk of the House of Representatives (in the case of a
Member of the House or an employee whose salary is disbursed
by the Chief Administrative Officer of the House) or the
Secretary of the Senate (in the case of a Member of the
Senate or an employee whose salary is disbursed by the
Secretary of the Senate). In the case of an authorization
for a group of Members or employees, such reports shall be
submitted for all Members of the group by its chairman, or
if there is no designated chairman, by the ranking Member or
if the group does not include a Member, by the senior
employee in the group. Each report submitted pursuant to
this subparagraph shall be open to public inspection.
(B) On a quarterly basis, the Clerk of the House of
Representatives and the Secretary of the Senate shall each
prepare a consolidation of the reports received by them
under this paragraph with respect to ex
[[Page 741]]
penditures during the preceding quarter by each Member and
employee or by each group in the case of expenditures made
on behalf of a group which are not allocable to individual
members of the group. Each such consolidation shall be open
to public inspection and shall be published in the
Congressional Record within ten legislative days after its
completion. (Aug. 26, 1954, ch. 937, Title V, Sec. 502, 68
Stat. 849, amended Sept. 3, 1954, ch. 1262, Sec. 104, 68
Stat. 1223; July 8, 1955, ch. 301, Sec. 9(a), 69 Stat. 288;
July 18, 1956, ch. 627, Sec. 9(b), 70 Stat. 560; June 30,
1958, Sec. 401(a), 72 Stat. 268; August 27, 1958, Pub. L.
85-766, ch. X, Sec. 1001, 72 Stat. 880; May 14, 1960, Pub.
L. 86-472, Sec. 401(a), 74 Stat. 138; July 12, 1960, Pub. L.
86-628, Sec. 105(a), 74 Stat. 460; Sept. 4, 1961, Pub. L.
87-195, Pt. III, Sec. 642(a)(2), 75 Stat. 460; Oct. 7, 1964,
Pub. L. 88-633, 78 Stat. 1015; Oct. 18, 1973, Pub. L. 93-
126, Sec. 5, 87 Stat. 452; Aug. 13, 1974, Pub. L. 93-371,
Sec. 107, 88 Stat. 444; July 25, 1975, Pub. L. 94-59, Title
XI, Sec. 1105, 89 Stat. 299; Dec. 18, 1975, Pub. L. 94-157,
Title I, ch. IV, 89 Stat. 837; July 12, 1976, Pub. L. 94-
350, Title IV, Sec. 402, 90 Stat. 833; Oct. 1, 1976, Pub. L.
94-440, Title I, Sec. 109, 90 Stat. 1445; Sept. 26, 1978,
Pub. L. 95-384, Sec. 22(a), 92 Stat. 742; Aug. 20, 1996,
Pub. L. 104-186, Title II, Sec. 218(2), 110 Stat. 1747.)
472.5
472.5 Sec. 1928a. North Atlantic Treaty Parliamentary Conference;
participation; appointment of United States Group.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and annually with representative
parliamentary groups from other NATO (North Atlantic Treaty
Organization) members, for discussion of common problems in
the interests of the maintenance of peace and security in
the North Atlantic area. Of the Members of the Congress to
be appointed for the purposes of this resolution
(hereinafter designated as the ``United States Group''),
half shall be appointed by the Speaker of the House from
Members of the House (not less than four of whom shall be
from the Committee on Foreign Affairs), and half shall be
appointed by the President of the Senate upon
recommendations of the majority and minority leaders of the
Senate from Members of the Senate. Not more than seven of
the appointees from the Senate shall be of the same
political party. The Chairman or Vice Chairman of the House
delegation shall be a Member from the Foreign Affairs
Committee, and, unless the President of the Senate, upon the
recommendation of the Majority Leader, determines otherwise,
the Chairman or Vice Chairman of the Senate delegation shall
be a Member from the Foreign Relations Committee. Each
delegation shall have a secretary. The secretaries of the
Senate and House delegations shall be appointed,
respectively, by the chairman of the Committee on Foreign
Relations of the Senate and the chairman of the Committee on
Foreign Affairs of the House of Representatives. (July 11,
1956, ch. 562, Sec. 1, 70 Stat. 523; Dec. 16, 1963, Pub. L.
88-205, Pt. IV, Sec. 406, 77 Stat. 392; Pub. L. 95-45
Sec. 4(c), June 15, 1977, 91 Stat. 222; H. Res. 89, February
5, 1979; December 22, 1987, Pub. L. 100-204, Title VII,
Sec. 744(a), 101 Stat. 1396; Pub. L. 103-437, Sec. 9(a)(5),
Nov. 2, 1994, 108 Stat. 4588.)
472.6
472.6 Sec. 1928b. Authorization of appropriations.
There is authorized to be appropriated annually, (1),
for the annual contribution of the United States toward the
maintenance of the North
[[Page 742]]
Atlantic Assembly, such sum as may be agreed upon by the
United States Group and approved by such Assembly, but in no
event to exceed for any year an amount equal to 25 per
centum of the total annual contributions made for that year
by all members of the NATO Parliamentary Assembly toward the
maintenance of such Assembly, and (2) $100,000, $50,000 for
the House delegation and $50,000 for the Senate delegation,
or so much thereof as may be necessary, to assist in meeting
the expenses of the United States Group of the North
Atlantic Assembly for each fiscal year for which an
appropriation is made, such appropriation to be dispersed on
voucher to be approved by the Chairman of the House
delegation and the Chairman of the Senate delegation. (July
11, 1956, ch. 562, Sec. 2, 70 Stat. 523; June 30, 1958, Pub.
L. 85-477, ch. V, Sec. 502(d), 72 Stat. 273; Nov. 14, 1967,
Pub. L. 90-137, Pt. IV, Sec. 401(a), 81 Stat. 463; Feb. 7,
1972, Pub. L. 92-226, Pt. IV, Sec. 405, 86 Stat. 34; Dec.
22, 1987, Pub. L. 100-202, Sec. 101(a) [Title III,
Sec. 303], 101 Stat. 1329, 1329-23; Dec. 22, 1987, Pub. L.
100-204, Title VII, Sec. 744(b), 101 Stat. 1396; Nov. 29,
1999, Pub. L. 106-113, Sec. 1000(a)(7), 113 Stat. 1501A-
459.)
[[Page 743]]
TITLE 26.--INTERNAL REVENUE CODE
SUBTITLE A.--INCOME TAXES
Chapter 1.--NORMAL TAXES AND SURTAXES
* * * * * * *
Subchapter B.--Computation of Taxable Income
* * * * * * *
Part II.--ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME
* * * * * * *
473
473 Sec. 84. Transfer of appreciated property to political
organization.
473.1
473.1 (a) General rule.
If--
(1) any person transfers property to a
political organization, and
(2) the fair market value of such property
exceeds its adjusted basis,
then for purposes of this chapter the transferor shall be
treated as having sold such property to the political
organization on the date of the transfer, and the transferor
shall be treated as having realized an amount equal to the
fair market value of such property on such date.
473.2
473.2 (b) Basis of property.
In the case of a transfer of property to a political
organization to which subsection (a) applies, the basis of
such property in the hands of the political organization
shall be the same as it would be in the hands of the
transferor, increased by the amount of gain recognized to
the transferor by reason of such transfer.
473.3
473.3 (c) Political organization defined.
For purposes of this section, the term ``political
organization'' has the meaning given to such term by section
527(e)(1). (Jan. 3, 1975, Pub. L. 93-625, Sec. 13(a), 88
Stat. 2120.)
* * * * * * *
Part VI.--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND
CORPORATIONS
* * * * * * *
474
474 Sec. 162. Trade or business expenses.
474.1
474.1 (a) In general.
There shall be allowed as a deduction all the ordinary
and necessary expenses paid or incurred during the taxable
year in carrying on any trade or business, including--
[[Page 744]]
(1) a reasonable allowance for salaries or
other compensation for personal services
actually rendered;
(2) traveling expenses (including amounts
expended for meals and lodging other than
amounts which are lavish or extravagant under
the circumstances) while away from home in the
pursuit of a trade or business; and
(3) rentals or other payments required to be
made as a condition to the continued use or
possession, for purposes of the trade or
business, of property to which the taxpayer has
not taken or is not taking title or in which he
has no equity.
For purposes of the preceding sentence, the place of
residence of a Member of Congress (including any Delegate
and Resident Commissioner) within the State, congressional
district, or possession which he represents in Congress
shall be considered his home, but amounts expended by such
Members within each taxable year for living expenses shall
not be deductible for income tax purposes in excess of
$3,000. For purposes of paragraph (2), the taxpayer shall
not be treated as being temporarily away from home during
any period of employment if such period exceeds 1 year. The
preceding sentence shall not apply to any Federal employee
during any period for which such employee is certified by
the Attorney General (or the designee thereof) as traveling
on behalf of the United States in temporary duty status to
investigate or prosecute, or provide support services for
the investigation or prosecution of, a Federal crime. (Aug.
16, 1954, ch. 736, 68A Stat. 45; Oct. 16, 1962, Pub. L. 87-
834, Sec. 4(b), 76 Stat. 960, 976; Oct. 4, 1976, Pub. L. 94-
455, Sec. 1901(c) (4), 90 Stat. 1803; Oct. 1, 1981, Pub. L.
97-51, Sec. 139(b)(1), 95 Stat. 967; July 18, 1982, Pub. L.
97-216, Sec. 215(a), 96 Stat. 194; Oct. 24, 1992, Pub. L.
102-486, Sec. 1938(a), 106 Stat. 3033; Aug. 5, 1997, Pub. L.
105-34, Sec. 1204(a), 111 Stat. 995; July 22, 1998, Pub. L.
105-206, Sec. 6012(a), 112 Stat. 818.)
* * * * * * *
Subchapter F.--Exempt Organizations
* * * * * * *
Part VI.--POLITICAL ORGANIZATIONS
474.5
474.5 Sec. 527. Political organizations.
474.6
474.6 (a) General rule.
A political organization shall be subject to taxation
under this subtitle only to the extent provided in this
section. A political organization shall be considered an
organization exempt from income taxes for the purpose of any
law which refers to organizations exempt from income taxes.
474.7
474.7 (b) Tax imposed.
(1) In general.--A tax is hereby imposed for each
taxable year on the political organization taxable income of
every political organization. Such tax shall be computed by
multiplying the political organization taxable income by the
highest rate of tax specified in section 11(b).
(2) Alternative tax in case of capital gains.--If for
any taxable year any political organization has a net
capital gain, then, in lieu of the tax imposed by paragraph
(1), there is hereby imposed a tax (if such
[[Page 745]]
a tax is less than the tax imposed by paragraph (1)) which
shall consist of the sum of--
(A) a partial tax, computed as provided by
paragraph (1), on the political organization
taxable income determined by reducing such
income by the amount of such gain, and
(B) an amount determined as provided in
section 1201(a) on such gain.
474.8
474.8 (c) Political organization taxable income defined.
(1) Taxable income defined.--For purposes of this
section, the political organization taxable income of any
organization for any taxable year is an amount equal to the
excess (if any) of--
(A) the gross income for the taxable year
(excluding any exempt function income), over
(B) the deductions allowed by this chapter
which are directly connected with the production
of the gross income (excluding exempt function
income), computed with the modifications
provided in paragraph (2).
(2) Modifications.--For purposes of this subsection--
(A) there shall be allowed a specific
deduction of $100,
(B) no net operating loss deduction shall be
allowed under section 172, and
(C) no deduction shall be allowed under part
VIII of subchapter B (relating to special
deductions for corporations).
(3) Exempt function income.--For purposes of this
subsection, the term ``exempt function income'' means any
amount received as--
(A) a contribution of money or other
property,
(B) membership dues, a membership fee or
assessment from a member of the political
organization,
(C) proceeds from a political fundraising or
entertainment event, or proceeds from the sale
of political campaign materials, which are not
received in the ordinary course of any trade or
business, or
(D) proceeds from the conducting of any
bingo game (as defined in section 513(f)(2)),
to the extent such amount is segregated for use only for the
exempt function of the political organization.
474.9
474.9 (d) Certain uses not treated as income to candidate.
For purposes of this title, if any political
organization--
(1) contributes any amount to or for the use
of any political organization which is treated
as exempt from tax under subsection (a) of this
section,
(2) contributes any amount to or for the use
of any organization described in paragraph (1)
or (2) of section 509(a) which is exempt from
tax under section 501(a), or
(3) deposits any amount in the general fund
of the Treasury or in the general funds of any
State or local government,
such amount shall be treated as an amount not diverted for
the personal use of the candidate or any other person. No
deduction shall be allowed under this title for the
contribution or deposit of any amount described in the
preceding sentence.
[[Page 746]]
474.10
474.10 (e) Other definitions.
For purposes of this section--
(1) Political organization.--The term
``political organization'' means a party,
committee, association, fund, or other
organization (whether or not incorporated)
organized and operated primarily for the purpose
of directly or indirectly accepting
contributions or making expenditures, or both,
for an exempt function.
(2) Exempt function.--The term ``exempt
function'' means the function of influencing or
attempting to influence the selection,
nomination, election, or appointment of any
individual to any Federal, State, or local
public office or office in a political
organization, or the election of Presidential or
Vice-Presidential electors, whether or not such
individual or electors are selected, nominated,
elected, or appointed. Such term includes the
making of expenditures relating to an office
described in the preceding sentence which, if
incurred by the individual, would be allowable
as a deduction under section 162(a).
(3) Contributions.--The term
``contributions'' has the meaning given to such
term by section 271(b)(2).
(4) Expenditures.--The term ``expenditures''
has the meaning given to such term by section
271(b)(3).
* * * * * * *
474.11
474.11 (g) Treatment of newsletter funds.
(1) In general.--For purposes of this section, a fund
established and maintained by an individual who holds, has
been elected to, or is a candidate (within the meaning of
paragraph (3)) for nomination or election to, any Federal,
State, or local elective public office for use by such
individual exclusively for the preparation and circulation
of such individual's newsletter shall, except as provided in
paragraph (2), be treated as if such fund constituted a
political organization.
(2) Additional modifications.--In the case of any fund
described in paragraph (1)--
(A) the exempt function shall be only the
preparation and circulation of the newsletter,
and
(B) the specific deduction provided by
subsection (c)(2)(A) shall not be allowed.
(3) Candidate.--For purposes of paragraph (1), the term
``candidate'' means, with respect to any Federal, State, or
local elective public office, an individual who--
(A) publicly announces that he is a
candidate for nomination or election to such
office, and
(B) meets the qualifications prescribed by
law to hold such office.
474.12
474.12 (h) Special rule for principal campaign committees.
(1) In general.--In the case of a political organization
which is a principal campaign committee, paragraph (1) of
subsection (b) shall be applied by substituting ``the
appropriate rates'' for ``the highest rate''.
(2) Principal campaign committee defined.--
(A) In general.--For purposes of this
subsection, the term ``principal campaign
committee'' means the political committee
designated by a candidate for Congress as his
principal campaign committee for purposes of--
[[Page 747]]
(i) section 302(e) of the Federal
Election Campaign Act of 1971 (2 U.S.C.
432(e)), and
(ii) this subsection.
(B) Designation.--A candidate may have only
1 designation in effect under subparagraph
(A)(ii) at any time and such designation--
(i) shall be made at such time and in
such manner as the Secretary may prescribe
by regulations, and
(ii) once made, may be revoked only with
the consent of the Secretary.
Nothing in this subsection shall be
construed to require any designation where there
is only one political committee with respect to
a candidate. (Jan. 3, 1975, Pub. L. 93-625,
Sec. 10(a), 88 Stat. 2116; Oct. 4, 1976, Pub. L.
94-455, Sec. 1901(b)(33)(c), 90 Stat. 1801; Oct.
21, 1978, Pub. L. 95-502, Sec. 302(a), 92 Stat.
1702; Nov. 6, 1978, Pub. L. 95-600,
Sec. 301(b)(6), 92 Stat. 2821; Aug. 13, 1981,
Pub. L. 97-34, Sec. 128, 95 Stat. 203; July 18,
1984, Pub. L. 98-369, Secs. 474(r)(16), 722(c),
98 Stat. 843, 973; Oct. 22, 1986, Pub. L. 99-
514, Sec. 112(b)(1), 100 Stat. 2085; Nov. 10,
1988, Pub. L. 100-647, Sec. 1001(b)(3)(B), 102
Stat. 3349.)
* * * * * * *
Subchapter N.--Tax Based on Income From Sources Within or
Without the United States
* * * * * * *
Part II.--NONRESIDENT ALIENS AND FOREIGN CORPORATIONS
* * * * * * *
Subpart D.--Miscellaneous Provisions
* * * * * * *
474.13
474.13 Sec. 896. Adjustment of tax on nationals, residents, and
corporations of certain foreign countries.
* * * * * * *
474.14
474.14 (d) Notification of Congress required.
No proclamation shall be issued by the President
pursuant to this section unless, at lest 30 days prior to
such proclamation, he has notified the Senate and the House
of Representatives of his intention to issue such
proclamation. (Nov. 13, 1966, Pub. L. 89-809, Sec. 105(b),
80 Stat. 1563.)
[[Page 748]]
Subchapter P.--Capital Gains and Losses
* * * * * * *
Part III.--GENERAL RULES FOR DETERMINING CAPITAL GAINS AND
LOSSES
474.15
474.15 Sec. 1221. Capital asset defined.
(a) In general.--For purposes of this subtitle, the term
``capital asset'' means property held by the taxpayer
(whether or not connected with his trade or business), but
does not include--
* * * * * * *
(5) a publication of the United States Government
(including the Congressional Record) which is received from
the United States Government or any agency thereof, other
than by purchase at the price at which it is offered for
sale to the public, and which is held by--
(A) a taxpayer who so received such
publication, or
(B) a taxpayer in whose hands the basis of
such publication is determined, for purposes of
determining gain from a sale or exchange, in
whole or in part by reference to the basis of
such publication in the hands of a taxpayer
described in subparagraph (A). (Aug. 16, 1954,
ch. 736. 68A Stat. 321; Oct. 4, 1976, Pub. L.
94-455, Sec. 2132 (a), 90 Stat. 1925; Aug. 13,
1981, Pub. L. 97-34, Sec. 505 (a), 95 Stat 331;
Dec. 17, 1999, Pub. L. 106-170, Sec. 532(a), 113
Stat. 1928.
* * * * * * *
SUBTITLE F.--PROCEDURE AND ADMINISTRATION
Chapter 61.--INFORMATION AND RETURNS
* * * * * * *
Subchapter B.--Miscellaneous Provisions
* * * * * * *
475
475 Sec. 6103. Confidentiality and disclosure of returns and
return information.
* * * * * * *
475.1
475.1 (f) Disclosure to committees of Congress.
(1) Committee on Ways and Means, Committee on Finance,
and Joint Committee on Taxation.--Upon written request from
the chairman of the Committee on Ways and Means of the House
of Representatives, the chairman of the Committee on Finance
of the Senate, or the chairman of the Joint Committee on
Taxation, the Secretary shall furnish such committee with
any return or return information specified in such request,
except that any return or return information which can be
associated with, or otherwise identify, directly or
indirectly, a particular taxpayer shall be furnished to such
committee only when sitting in closed executive session
unless such taxpayer otherwise consents in writing to such
disclosure.
(2) Chief of Staff of Joint Committee on Taxation.--Upon
written request by the Chief of Staff of the Joint Committee
on Taxation, the Secretary shall furnish him with any return
or return information speci
[[Page 749]]
fied in such request. Such Chief of Staff may submit such
return or return information to any committee described in
paragraph (1), except that any return or return information
which can be associated with, or otherwise identify,
directly or indirectly, a particular taxpayer shall be
furnished to such committee only when sitting in closed
executive session unless such taxpayer otherwise consents in
writing to such disclosure.
(3) Other committees.--Pursuant to an action by, and
upon written request by the chairman of, a committee of the
Senate or the House of Representatives (other than a
committee specified in paragraph (1)) specially authorized
to inspect any return or return information by a resolution
of the Senate or the House of Representatives or, in the
case of a joint committee (other than the joint committee
specified in paragraph (1)) by concurrent resolution, the
Secretary shall furnish such committee, or a duly authorized
and designated subcommittee thereof, sitting in closed
executive session, with any return or return information
which such resolution authorizes the committee or
subcommittee to inspect. Any resolution described in this
paragraph shall specify the purpose for which the return or
return information is to be furnished and that such
information cannot reasonably be obtained from any other
source.
(4) Agents of committees and submission of information
to Senate or House of Representatives.--
(A) Committees described in paragraph (1).--
Any committee described in paragraph (1) or the
Chief of Staff of the Joint Committee on
Taxation shall have the authority, acting
directly, or by or through such examiners or
agents as the chairman of such committee or such
chief of staff may designate or appoint, to
inspect returns and return information at such
time and in such manner as may be determined by
such chairman or chief of staff. Any return or
return information obtained by or on behalf of
such committee pursuant to the provisions of
this subsection may be submitted by the
committee to the Senate or the House of
Representatives, or to both. The Joint Committee
on Taxation may also submit such return or
return information to any other committee
described in paragraph (1), except that any
return or return information which can be
associated with, or otherwise identify, directly
or indirectly, a particular taxpayer shall be
furnished to such committee only when sitting in
closed executive session unless such taxpayer
otherwise consents in writing to such
disclosure.
(B) Other committees.--Any committee or
subcommittee described in paragraph (3) shall
have the right, acting directly, or by or
through no more than four examiners or agents,
designated or appointed in writing in equal
numbers by the chairman and ranking minority
member of such committee or subcommittee, to
inspect returns and return information at such
time and in such manner as may be determined by
such chairman and ranking minority member. Any
return or return information obtained by or on
behalf of such committee or subcommittee
pursuant to the provisions of this subsection
may be submitted by the committee to the Senate
or the House of Representatives, or to both,
except that any return or return information
which can be associated with, or otherwise
identify, directly or indirectly, a particular
taxpayer, shall be fur
[[Page 750]]
nished to the Senate or the House of
Representatives only when sitting in closed
executive session unless such taxpayer otherwise
consents in writing to such disclosure.
(5) Disclosure by whistleblower.--Any person who
otherwise has or had access to any return or return
information under this section may disclose such return or
return information to a committee referred to in paragraph
(1) or any individual authorized to receive or inspect
information under paragraph (4)(A) if such person believes
such return or return information may relate to possible
misconduct, maladministration, or taxpayer abuse.
475.2
475.2 (g) Disclosure to President and certain other persons.
* * * * * * *
475.3
475.3 (5) Reporting requirements.--
Within 30 days after the close of each calendar quarter,
the President and the head of any agency requesting returns
and return information under this subsection shall each file
a report with the Joint Committee on Taxation setting forth
the taxpayers with respect to whom such requests were made
during such quarter under this subsection, the returns or
return information involved, and the reasons for such
requests. The President shall not be required to report on
any request for returns and return information pertaining to
an individual who was an officer or employee of the
executive branch of the Federal Government at the time such
request was made. Reports filed pursuant to this paragraph
shall not be disclosed unless the Joint Committee on
Taxation determines that disclosure thereof (including
identifying details) would be in the national interest. Such
reports shall be maintained by the Joint Committee on
Taxation for a period not exceeding 2 years unless, within
such period, the Joint Committee on Taxation determines that
a disclosure to the Congress is necessary. (Pub. L. 105-65,
Title V, (Sec. 542(b), 111 Stat. 1412; July 22, 1998, Pub.
L. 105-206, Title I, Sec. 1101(b), Title III, Secs. 3702(a),
(b), 3708(a), 3711(b), Title VI, Secs. 6007(f)(4), 6009(d),
6012(b)(2), (4), 6019(c), 6023(22), 112 Stat. 696, 776, 777,
778, 781, 810, 812, 819, 823, 826; Oct. 21, 1998, Pub. L.
105-277, Div. J, Title I, Sec. 1006, Title IV,
Secs. 4002(a), (h), 4006(a), 112 Stat. 2681-900, 2681-906,
2681-907, 2681-912; Dec. 17, 1999, Pub. L. 106-170, Title V,
Sec. 521(a)(1), 113 Stat. 1925.)
* * * * * * *
475.5
475.5 Sec. 6104. Publicity of information required from certain
exempt organizations and certain trusts.
475.6
475.6 (a) Inspection of applications for tax exemption.
(1) Public inspection.--
(A) Organizations described in section
501.--If an organization described in section
501 (c) or (d) is exempt from taxation under
section 501(a) for any taxable year, the
application filed by the organization with
respect to which the Secretary made his
determination that such organization was
entitled to exemption under section 501(a),
together with any papers submitted in support of
such application, and any letter or other
document issued by the Internal Revenue Service
with respect to such application shall be open
to public inspection at the national office of
the Internal Revenue Service. In the case of any
application filed after the date
[[Page 751]]
of the enactment of this subparagraph, a copy of
such application and such letter or document
shall be open to public inspection at the
appropriate field office of the Internal Revenue
Service (determined under regulations prescribed
by the Secretary). Any inspection under this
subparagraph may be made at such times, and in
such manner, as the Secretary shall by
regulations prescribe. After the application of
any organization has been opened to public
inspection under this subparagraph, the
Secretary shall, on the request of any person
with respect to such organization, furnish a
statement indicating the subsection and
paragraph of section 501 which it has been
determined describes such organization.
(B) Pension, etc., plans.--The following
shall be open to public inspection at such times
and in such places as the Secretary may
prescribe:
(i) any application filed with respect
to the qualification of a pension, profit-
sharing, or stock bonus plan under section
401(a) or 403(a), an individual retirement
account described in section 408(a), or an
individual retirement annuity described in
section 408(b),
(ii) any application filed with respect
to the exemption from tax under section
501(a) of an organization forming part of a
plan or account referred to in clause (i),
(iii) any papers submitted in support of
an application referred to in clause (i) or
(ii), and
(iv) any letter or other document issued
by the Internal Revenue Service and dealing
with the qualification referred to in clause
(i) or the exemption from tax referred to in
clause (ii).
Except in the case of a plan participant, this subparagraph
shall not apply to any plan referred to in clause (i) having
not more than 25 participants.
(C) Certain names and compensation not to be
open to public inspection.--In the case of any
application, document, or other papers, referred
to in subparagraph (B), information from which
the compensation (including deferred
compensation) of any individual may be
ascertained shall not be opened to public
inspection under subparagraph (B).
(D) Withholding of certain other
information.--Upon request of the organization
submitting any supporting papers described in
subparagraph (A) or (B), the Secretary shall
withhold from public inspection any information
contained therein which he determines relates to
any trade secret, patent, process, style of
work, or apparatus, of the organization, if he
determines that public disclosure of such
information would adversely affect the
organization. The Secretary shall withhold from
public inspection any information contained in
supporting papers described in subparagraph (A)
or (B) the public disclosure of which he
determines would adversely affect the national
defense.
(2) Inspection by committee of Congress.--Section
6103(f) shall apply with respect to--
(A) the application for exemption of any
organization described in section 501(c) or (d)
which is exempt from taxation under section
501(a) for any taxable year, and any application
referred to in subparagraph (B) of subsection
(a)(1) of this section, and
[[Page 752]]
(B) any other papers which are in the
possession of the Secretary and which relate to
such application,
as if such papers constituted returns. (Sept. 2, 1958, Pub.
L. 85-866, Sec. 75(a) 72 Stat. 1660; Sept. 2, 1974, Pub. L.
93-406, Sec. 1022(g)(1), (2), 88 Stat. 940; Oct. 4, 1976,
Pub. L. 94-455, Secs. 1201(d), 1906(b)(13)(A), 90 Stat.
1667, 1834; Nov. 6, 1978, Pub. L. 95-600, Sec. 703(m), 92
Stat. 2943; July 18, 1984, Pub. L. 98-369 Sec. 491(d)(49),
98 Stat. 852.)
* * * * * * *
Chapter 78.--DISCOVERY OF LIABILITY AND ENFORCEMENT OF TITLE
* * * * * * *
Subchapter A.--Examination and Inspection
* * * * * * *
475.6-1
475.6-1 Sec. 7608. Authority of internal revenue enforcement
officers.
* * * * * * *
475.6-2
475.6-2 (c) Rules relating to undercover operations.
* * * * * * *
(4) Audits.--
(A) The Service shall conduct a detailed financial audit
of each undercover investigative operation which is closed
in each fiscal year; and
(i) submit the results of the audit in
writing to the Secretary; and
(ii) not later than 180 days after such
undercover operation is closed, submit a report
to the Congress concerning such audit.
(B) The Service shall also submit a report annually to
the Congress specifying as to its undercover investigative
operations--
(i) the number, by programs, of undercover
investigative operations pending as of the end
of the 1-year period for which such report is
submitted;
(ii) the number, by programs, of undercover
investigative operations commenced in the 1-year
period for which such report is submitted;
(iii) the number, by programs, of undercover
investigative operations closed in the 1-year
period for which such report is submitted; and
(iv) the following information with respect
to each undercover investigative operation
pending as of the end of the 1-year period for
which such report is submitted or closed during
such 1-year period--
(I) the date the operation began and the
date of the certification referred to in the
last sentence of paragraph (1),
(II) the total expenditures under the
operation and the amount and use of the
proceeds from the operation,
(III) a detailed description of the
operation including the potential violation
being investigated and whether the operation
is being conducted under grand jury
auspices, and
(IV) the results of the operation
including the results of criminal
proceedings.
[[Page 753]]
(Nov. 18, 1988, Pub. L. 100-690, Sec. 7601(c)(2), 102 Stat.
4504; July 30, 1996, Pub. L. 104-168, Sec. 1205(c)(1), 110
Stat. 1471.)
* * * * * * *
Chapter 79.--DEFINITIONS
475.7
475.7 Sec. 7701. Definitions.
* * * * * * *
475.8
475.8 (j) Tax treatment of Federal Thrift Savings Fund.
(1) In general.--For purposes of this title--
(A) the Thrift Savings Fund shall be treated
as a trust described in section 401(a) which is
exempt from taxation under section 501(a);
(B) any contribution to, or distribution
from, the Thrift Savings Fund shall be treated
in the same manner as contributions to or
distributions from such a trust; and
(C) subject to section 401(k)(4)(B) and any
dollar limitation on the application of section
402(e)(3), contributions to the Thrift Savings
Fund shall not be treated as distributed or made
available to an employee or Member nor as a
contribution made to the Fund by an employee or
Member merely because the employee or Member
has, under the provisions of subchapter III of
chapter 84 of title 5, United States Code, and
section 8351 of such title 5, an election
whether the contribution will be made to the
Thrift Savings Fund or received by the employee
or Member in cash.
(2) Nondiscrimination requirements.--Notwithstanding any
other provision of the law, the Thrift Savings Fund is not
subject to the nondiscrimination requirements applicable to
arrangements described in section 401(k) or to matching
contributions (as described in section 401(m)), so long as
it meets the requirements of this section.
(3) Coordination with Social Security Act.--Paragraph
(1) shall not be construed to provide that any amount of the
employee's or Member's basic pay which is contributed to the
Thrift Savings Fund shall not be included in the term
``wages'' for the purposes of section 209 of the Social
Security Act or section 3121(a) of this title.
(4) Definitions.--For purposes of this subsection, the
terms ``Member'', ``employee'', and ``Thrift Savings Fund''
shall have the same respective meanings as when used in
subchapter III of chapter 84 of title 5, United States Code.
(5) Coordination with other provisions of law.--No
provision of law not contained in this title shall apply for
purposes of determining the treatment under this title of
the Thrift Savings Fund or any contribution to, or
distribution from, such Fund. (Oct. 22, 1986, Pub. L. 99-
514, Sec. 1147(a), 100 Stat. 2493; Dec. 22, 1987, Pub. L.
100-202, Sec. 624(a), 101 Stat. 1329-429; Nov. 10, 1988,
Pub. L. 100-647, Sec. 1011A(m)(1), 102 Stat. 3483; Nov. 5,
1990, Pub. L. 101-508, Sec. 11704(a)(34), 104 Stat. 1388-
519; July 3, 1992, Pub. L. 102-318, Sec. 521(b)(43), 106
Stat. 313.)
* * * * * * *
475.9
475.9 (k) Treatment of certain amounts paid to charity.
In the case of any payment which, except for section
501(b) of the Ethics in Government Act of 1978, might be
made to any officer or employee of the Federal Government
but which is made instead on
[[Page 754]]
behalf of such officer or employee to an organization
described in section 170(c)--
(1) such payment shall not be treated as
received by such officer or employee for all
purposes of this title and for all purposes of
any tax law of a State or political subdivision
thereof, and
(2) no deduction shall be allowed under any
provision of this title (or of any law of a
State or political subdivision thereof) to such
officer or employee by reason of having such
payment made to such organization.
For purposes of this subsection, a Senator, a Representative
in, or a Delegate or Resident Commissioner to, the Congress
shall be treated as an officer or employee of the Federal
Government. (Nov. 30, 1989, Pub. L. 101-194, Sec. 602, 103
Stat. 1762; Aug. 14, 1991, Pub. L. 102-90, Sec. 314(e), 103
Stat. 469-470.)
* * * * * * *
Chapter 80.--GENERAL RULES
* * * * * * *
Subchapter A.--Application of Internal Revenue Laws
* * * * * * *
475.10
475.10 Sec. 7802. Internal Revenue Service Oversight Board.
* * * * * * *
475.11
475.11 (d) Specific responsibilities.
* * * * * * *
(4) Budget.--To--
(A) review and approve the budget request of
the Internal Revenue Service prepared by the
Commissioner;
(B) submit such budget request to the
Secretary of the Treasury; and
(C) ensure that the budget request supports
the annual and long-range strategic plans.
* * * * * * *
The Secretary shall submit the budget request referred to in
paragraph (4)(B) for any fiscal year to the President who
shall submit such request, without revision, to Congress
together with the President's annual budget request for the
Internal Revenue Service for such fiscal year.
* * * * * * *
475.12
475.12 (f) Administrative matters.
* * * * * * *
(3) Reports.--
(A) Annual.--The Oversight Board shall each
year report with respect to the conduct of its
responsibilities under this title to the
President, the Committees on Ways and Means,
Government Reform and Oversight, and
Appropriations of the House of Representatives
and the Committees on Finance, Governmental
Affairs, and Appropriations of the Senate.
(B) Additional report.--Upon a determination
by the Oversight Board under subsection
(c)(1)(B) that the organization and operation of
the Internal Revenue Service are not allowing it
to carry out
[[Page 755]]
its mission, the Oversight Board shall report
such determination to the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate. (July 22,
1998, Pub. L. 105-206, Sec. 1101(a), 112 Stat.
691.)
* * * * * * *
475.13
475.13 Sec. 7803. Commissioner of Internal Revenue; other
officials.
* * * * * * *
475.14
475.14 (c) Office of the Taxpayer Advocate.
* * * * * * *
(2) Functions of office.
* * * * * * *
(B) Annual reports.--
(i) Objectives.--Not later than June 30 of
each calendar year, the National Taxpayer
Advocate shall report to the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate on the
objectives of the Office of the Taxpayer
Advocate for the fiscal year beginning in such
calendar year. Any such report shall contain
full and substantive analysis, in addition to
statistical information.
(ii) Activities.--Not later than December 31
of each calendar year, the National Taxpayer
Advocate shall report to the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate on the
activities of the Office of the Taxpayer
Advocate during the fiscal year ending during
such calendar year. (July 22, 1998, Pub. L. 105-
206, Sec. 1102(a), 112 Stat. 697.)
* * * * * * *
475.15
475.15 Sec. 7805. Rules and regulations.
* * * * * * *
475.16
475.16 (b) Retroactivity of regulations.
* * * * * * *
(6) Congressional authorization.--The limitation of
paragraph (1) may be superseded by a legislative grant from
Congress authorizing the Secretary to prescribe the
effective date with respect to any regulation. (July 30,
1996, Pub. L. 104-168, Sec. 1101(a), 110 Stat. 1468.)
* * * * * * *
SUBTITLE G.--THE JOINT COMMITTEE ON TAXATION
Chapter 91.--ORGANIZATION AND MEMBERSHIP OF THE JOINT
COMMITTEE
476
476 Sec. 8001. Authorization.
There shall be a joint congressional committee known as
the Joint Committee on Taxation (hereinafter in this
subtitle referred to as the ``Joint Committee''). (Aug. 16,
1954, ch. 736, 68A Stat. 925; Oct. 4, 1976, Pub. L. 94-455,
Sec. 1907(a)(1), 90 Stat. 1835.)
[[Page 756]]
476.1
476.1 Sec. 8002. Membership.
476.2
476.2 (a) Number and selection.
The Joint Committee shall be composed of 10 members as
follows:
(1) From Committee on Finance.--Five members who are
members of the Committee on Finance of the Senate, three
from the majority and two from the minority party, to be
chosen by such Committee; and
(2) From Committee on Ways and Means.--Five members who
are members of the Committee on Ways and Means of the House
of Representatives, three from the majority and two from the
minority party, to be chosen by such Committee.
476.3
476.3 (b) Tenure of office.
(1) General limitation.--No person shall continue to
serve as a member of the Joint Committee after he has ceased
to be a member of the committee by which he was chosen,
except that--
(2) Exception.--The members chosen by the Committee on
Ways and Means who have been reelected to the House of
Representatives may continue to serve as members of the
Joint Committee notwithstanding the expiration of the
Congress.
476.4
476.4 (c) Vacancies.
A vacancy in the Joint Committee--
(1) Effect.--Shall not affect the power of
the remaining members to execute the functions
of the Joint Committee; and
(2) Manner of filling.--Shall be filled in
the same manner as the original selection,
except that--
(A) Adjournment or recess of Congress.--
In case of a vacancy during an adjournment
or recess of Congress for a period of more
than 2 weeks, the members of the Joint
Committee who are members of the Committee
entitled to fill such vacancy may designate
a member of such Committee to serve until
his successor is chosen by such Committee;
and
(B) Expiration of Congress.--In the case
of a vacancy after the expiration of a
Congress which would be filled by the
Committee on Ways and Means, the members of
such Committee who are continuing to serve
as members of the Joint Committee may
designate a person who, immediately prior to
such expiration, was a member of such
Committee and who is reelected to the House
of Representatives, to serve until his
successor is chosen by such Committee.
476.5
476.5 (d) Allowances.
The members shall serve without compensation in addition
to that received for their services as members of Congress;
but they shall be reimbursed for travel, subsistence, and
other necessary expenses incurred by them in the performance
of the duties vested in the Joint Committee, other than
expenses in connection with meetings of the Joint Committee
held in the District of Columbia during such times as the
Congress is in session. (Aug. 16, 1954, ch. 736, 68A Stat.
925.)
476.6
476.6 Sec. 8003. Election of chairman and vice chairman.
The Joint Committee shall elect a chairman and vice
chairman from among its members. (Aug. 16, 1954, ch. 736,
68A Stat. 926.)
[[Page 757]]
476.7
476.7 Sec. 8004. Appointment and compensation of staff.
Except as otherwise provided by law, the Joint Committee
shall have power to appoint and fix the compensation of the
Chief of Staff of the Joint Committee and such experts and
clerical, stenographic, and other assistants as it deems
advisable. (Aug. 16, 1954, ch. 736, 68A Stat. 926; Oct. 4,
1976, Pub. L. 94-455, Sec. 1907(a)(2), 90 Stat. 1835.)
476.8
476.8 Sec. 8005. Payment of expenses.
The expenses of the Joint Committee shall be paid one-
half from the contingent fund of the Senate and one-half
from the contingent fund of the House of Representatives,
upon vouchers signed by the chairman or the vice chairman.
(Aug. 16, 1954, ch. 736, 68A Stat. 926.)
Chapter 92.--POWERS AND DUTIES OF THE JOINT COMMITTEE
477
477 Sec. 8021. Powers.
477.1
477.1 (a) To obtain data and inspect income returns.
For powers of the Joint Committee to obtain
and inspect income returns, see section 6103(f).
477.2
477.2 (b) Relating to hearings and sessions.
The Joint Committee, or any subcommittee thereof, is
authorized--
(1) To hold.--To hold hearings and to sit
and act at such places and times;
(2) To require attendance of witnesses and
production of books.--To require by subpoena (to
be issued under the signature of the chairman or
vice chairman) or otherwise the attendance of
such witnesses and the production of such books,
papers, and documents;
(3) To administer oaths.--To administer such
oaths; and
(4) To take testimony.--To take such
testimony;
as it deems advisable.
477.3
477.3 (c) To procure printing and binding.
The Joint Committee, or any subcommittee thereof, is
authorized to have such printing and binding done as it
deems advisable.
477.4
477.4 (d) To make expenditures.
The Joint Committee, or any subcommittee thereof, is
authorized to make such expenditures as it deems advisable.
(e) Investigations.--
The Joint Committee shall review all requests (other
than requests by the chairman or ranking member of a
committee or subcommittee) for investigations of the
Internal Revenue Service by the General Accounting Office,
and approve such requests when appropriate, with a view
towards eliminating overlapping investigations, ensuring
that the General Accounting Office has the capacity to
handle the investigation, and ensuring that investigations
focus on areas of primary importance to tax administration.
[[Page 758]]
(f) Relating to Joint Reviews.
(1) In general.--The Chief of Staff, and the
staff of the Joint Committee, shall provide such
assistance as is required for joint reviews
described in paragraph (2).
(2) Joint reviews.--Before June 1 of each
calendar year after 1998 and before 2004, there
shall be a joint review of the strategic plans
and budget for the Internal Revenue Service and
such other matters as the Chairman of the Joint
Committee deems appropriate. Such joint review
shall be held at the call of the Chairman of the
Joint Committee and shall include two members of
the majority and one member of the minority from
each of the Committees on Finance,
Appropriations, and Governmental Affairs of the
Senate, and the Committees on Ways and Means,
Appropriations, and Government Reform and
Oversight of the House of Representatives.
(Aug. 16, 1954, ch. 736, 68A Stat. 927; Oct. 4, 1976, Pub.
L. 94-455, Sec. 1907(a)(3), 90 Stat. 1835; Nov. 10, 1988,
Pub. L. 100-647, Sec. 1018(s)(1), 102 Stat. 3586; July 22,
1998, Pub. L. 105-206, Sec. 4001(a), 112 Stat. 783.)
477.5
477.5 Sec. 8022. Duties.
It shall be the duty of the Joint Committee--
477.6
477.6 (1) Investigation.--
(A) Operation and effects of law.--To
investigate the operation and effects of the
Federal system of internal revenue taxes;
(B) Administration.--To investigate the
administration of such taxes by the Internal
Revenue Service or any executive department,
establishment, or agency charged with their
administration; and
(C) Other investigations.--To make such
other investigations in respect of such system
of taxes as the Joint Committee may deem
necessary.
477.7
477.7 (2) Simplification of law.--
(A) Investigation of methods.--To
investigate measures and methods for the
simplification of such taxes, particularly the
income tax; and
(B) Publication of proposals.--To publish,
from time to time, for public examination and
analysis, proposed measures and methods for the
simplification of such taxes.
477.8
477.8 (3) Reports.--
(A) To report, from time to time, to the
Committee on Finance and the Committee on Ways
and Means, and, in its discretion, to the Senate
or House of Representatives, or both, the
results of its investigations, together with
such recommendations as it may deem advisable.
(B) Subject to amounts specifically
appropriated to carry out this subparagraph, to
report, at least once each Congress, to the
Committee on Finance and the Committee on Ways
and Means on the overall state of the Federal
tax system, together with recommendations with
respect to possible simplification proposals and
other matters relating to the administration of
the Federal tax system as it may deem advisable.
(C) To report, for each calendar year after
1998 and before 2004, to the Committees on
Finance, Appropriations, and Governmental
[[Page 759]]
Affairs of the Senate, and to the Committees on
Ways and Means, Appropriations, and Government
Reform and Oversight of the House of
Representatives, with respect to--
(i) strategic and business plans for the
Internal Revenue Service;
(ii) progress of the Internal Revenue
Service in meeting its objectives;
(iii) the budget for the Internal
Revenue Service and whether it supports its
objectives;
(iv) progress of the Internal Revenue
Service in improving taxpayer service and
compliance;
(v) progress of the Internal Revenue
Service on technology modernization; and
(vi) the annual filing season.
477.9
477.9 (4) Cross reference.--
For duties of the Joint Committee relating
to refunds of income and estate taxes, see
section 6405. (Aug. 16, 1954, ch. 736, 68A Stat.
927; July 22, 1998, Pub. L. 105-206,
Sec. 4002(a), 112 Stat. 784.)
478
478 Sec. 8023. Additional powers to obtain data.
478.1
478.1 (a) Securing of data.
The Joint Committee or the Chief of Staff of the Joint
Committee, upon approval of the Chairman or Vice Chairman,
is authorized to secure directly from the Internal Revenue
Service or the office of the Chief Counsel for the Internal
Revenue Service, or directly from any executive department,
board, bureau, agency, independent establishment, or
instrumentality of the Government, information, suggestions,
rulings, data, estimates, and statistics, for the purpose of
making investigations, reports, and studies relating to
internal revenue taxation. In the investigation by the Joint
Committee on Taxation of the administration of the internal
revenue taxes by the Internal Revenue Service, the Chief of
Staff of the Joint Committee on Taxation is authorized to
secure directly from the Internal Revenue Service such tax
returns, or copies of tax returns, and other relevant
information, as the Chief of Staff deems necessary for such
investigation, and the Internal Revenue Service is
authorized and directed to furnish such tax returns and
information to the Chief of Staff together with a brief
report, with respect to each return, as to any action taken
or proposed to be taken by the Service as a result of any
audit of the return.
478.2
478.2 (b) Furnishing of data.
The Internal Revenue Service, the office of the Chief
Counsel for the Internal Revenue Service, executive
departments, boards, bureaus, agencies, independent
establishments, and instrumentalities are authorized and
directed to furnish such information, suggestions, rulings,
data, estimates, and statistics directly to the Joint
Committee or to the Chief of Staff of the Joint Committee,
upon request made pursuant to this section.
478.3
478.3 (c) Application of subsections (a) and (b).
Subsections (a) and (b) shall be applied in accordance
with their provisions without regard to any reorganization
plan becoming effective on, before, or after the date of the
enactment of this subsection. (Aug. 16, 1954, ch. 736, 68A
Stat. 928; Sept. 22, 1959, Pub. L. 86-368, Sec. 2(b),
[[Page 760]]
73 Stat. 648; Oct. 4, 1976, Pub. L. 94-455, Secs. 1210(c),
1907(a)(4), 90 Stat. 1711, 1835.)
* * * * * * *
SUBTITLE H.--FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS
Chapter 95.--PRESIDENTIAL ELECTION CAMPAIGN FUND
* * * * * * *
478.5
478.5 Sec. 9009. Reports to Congress; regulations.
478.6
478.6 (a) Reports.
The Commission shall, as soon as practicable after each
presidential election, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees;
(2) the amounts certified by it under
section 9005 for payment to the eligible
candidates for each political party;
(3) the amount of payments, if any, required
from such candidates under section 9007, and the
reasons for each payment required;
(4) the expensees incurred by the national
committee of a major party or minor party with
respect to a presidential nominating convention;
(5) the amounts certified by it under
section 9008(g) for payment to each such
committee; and
(6) the amount of payments, if any, required
from such committees under section 9008(h), and
the reasons for each such payment.
Each report submitted pursuant to this section shall be
printed as a Senate document.
478.7
478.7 (b) Regulations, etc.
The Commission is authorized to prescribe such rules and
regulations in accordance with the provisions of subsection
(c), to conduct such examinations and audits (in addition to
the examinations and audits required by section 9007(a)), to
conduct such investigations, and to require the keeping and
submission of such books, records, and information, as it
deems necessary to carry out the functions and duties
imposed on it by this chapter.
478.8
478.8 (c) Review of regulations.
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement no later than 30 legislative days after
receipt of such statement, then the Commission may prescribe
such rule or regulation. Whenever a committee of the House
of Representatives reports any resolution relating to any
such rule or regulation, it is at any time thereafter in
order
[[Page 761]]
(even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
resolution. The motion is highly privileged and is not
debatable. An amendment to the motion is not in order, and
it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed to. The Commission may
not prescribe any rule or regulation which is disapproved by
either such House under this paragraph.
(3) For purposes of this subsection, the term
``legislative days'' does not include any calendar day on
which both Houses of the Congress are not in session.
(4) For purposes of this subsection, the term ``rule or
regulation'' means a provision or series of interrelated
provisions stating a single separable rule of law. (Dec. 10,
1971, Pub. L. 92-178, Sec. 801, 85 Stat. 569; Oct. 15, 1974,
Pub. L. 93-443, Secs. 404(c)(12), (13), 406(b), 88 Stat.
1292, 1296; May 11, 1976, Pub. L. 94-283, Sec. 304(a), 90
Stat. 498.)
* * * * * * *
Chapter 96.--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
* * * * * * *
478.10
478.10 Sec. 9039. Reports to Congress; regulations.
478.11
478.11 (a) Reports.
The Commission shall, as soon as practicable after each
matching payment period, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees,
(2) the amounts certified by it under
section 9036 for payment to each eligible
candidate, and
(3) the amount of payments, if any, required
from candidates under section 9038, and the
reasons for each payment required.
Each report submitted pursuant to this section shall be
printed as a Senate document.
478.12
478.12 (b) Regulations, etc.
The Commission is authorized to prescribe rules and
regulations in accordance with the provisions of subsection
(c), to conduct examinations and audits (in addition to the
examinations and audits required by section 9038(a)), to
conduct investigations, and to require the keeping and
submission of any books, records, and information, which it
determines to be necessary to carry out its responsibilities
under this chapter.
478.13
478.13 (c) Review of regulations.
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement
[[Page 762]]
no later than 30 legislative days after receipt of such
statement, then the Commission may prescribe such rule or
regulation. Whenever a committee of the House of
Representatives reports any resolution relating to any such
rule or regulation, it is at any time thereafter in order
(even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
resolution. The motion is highly privileged and is not
debatable. An amendment to the motion is not in order, and
it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed to. The Commission may
not prescribe any rule or regulation which is disapproved by
either such House under this paragraph.
(3) For purposes of this subsection, the term
``legislative days'' does not include any calendar day on
which both Houses of the Congress are not in session.
(4) For purposes of this subsection, the term ``rule or
regulation'' means a provision or series of interrelated
provisions stating a single separable rule of law. (Oct. 15,
1974, Pub. L. 93-443, Sec. 408(c), 88 Stat. 1301; May 11,
1976, Pub. L. 94-283, Sec. 304(b), 90 Stat. 499.)
* * * * * * *
SUBTITLE I.--TRUST FUND CODE
Chapter 98.--TRUST FUND CODE
* * * * * * *
Subchapter B.--General Provisions
* * * * * * *
478.14
478.14 Sec. 9602. Management of trust funds.
478.15
478.15 (a) Report.
It shall be the duty of the Secretary of the Treasury to
hold each Trust Fund established by subchapter A, and (after
consultation with any other trustees of the Trust Fund) to
report to the Congress each year on the financial condition
and the results of the operations of each such Trust Fund
during the preceding fiscal year and on its expected
condition and operations during the next 5 fiscal years.
Such report shall be printed as a House document of the
session of the Congress to which the report is made. (Dec.
29, 1981, Pub. L. 97-119, Sec. 103(a), 95 Stat. 1638.)
[[Page 763]]
TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE
Chapter 39.--INDEPENDENT COUNSEL
479
479 NOTE: Chapter expired June 30, 1999.
479.1
479.1 Sec. 596. Removal of an independent counsel; termination of
office.
(a) Removal; Report on Removal.--
(1) Grounds for removal.--An independent
counsel appointed under this chapter may be
removed from office, other than by impeachment
and conviction, only by the personal action of
the Attorney General and only for good cause,
physical disability, mental incapacity, or any
other condition that substantially impairs the
performance of such independent counsel's
duties.
(2) Report to division of the court and
congress.--If an independent counsel is removed
from office, the Attorney General shall promptly
submit to the division of the court and the
Committees on the Judiciary of the Senate and
the House of Representatives a report specifying
the facts found and the ultimate grounds for
such removal. The committees shall make
available to the public such report, except that
each committee may, if necessary to protect the
rights of any individual named in the report or
to prevent undue interference with any pending
prosecution, postpone or refrain from publishing
any or all of the report. The division of the
court may release any or all of such report in
accordance with section 594(h)(2).
(3) Judicial review of removal.--An
independent counsel removed from office may
obtain judicial review of the removal in a civil
action commenced in the United States District
Court for the District of Columbia. A member of
the division of the court may not hear or
determine any such civil action or any appeal of
a decision in any such civil action. The
independent counsel may be reinstated or granted
other appropriate relief by order of the court.
(b) Termination of Office.--
(1) Termination by action of independent
counsel.--An office of independent counsel shall
terminate when--
(A) the independent counsel notifies the
Attorney General that the investigation of
all matters within the prosecutorial
jurisdiction of such independent counsel or
accepted by such independent counsel under
section 594(e), and any resulting
prosecutions, have been completed or so
substantially completed that it would be
appropriate for the Department of Justice to
complete such investigations and
prosecutions; and
(B) the independent counsel files a
final report in compliance with section
594(h)(1)(B).
(2) Termination by division of the court.--
The division of the court, either on its own
motion or upon the request of the Attorney
General, may terminate an office of independent
counsel at any
[[Page 764]]
time, on the ground that the investigation of
all matters within the prosecutorial
jurisdiction of such independent counsel or
accepted by such independent counsel under
section 594(e), and any resulting prosecutions,
have been completed or so substantially
completed that it would be appropriate for the
Department of Justice to complete such
investigations and prosecutions. At the same
time of such termination, the independent
counsel shall file the final report required by
section 594(h)(1)(B). If the Attorney General
has not made a request under this paragraph, the
division of the court shall determine on its own
motion whether termination is appropriate under
this paragraph no later than 2 years after the
appointment of an independent counsel, at the
end of the succeeding 2-year period, and
thereafter at the end of each succeeding 1-year
period.
(c) Audits.--(1) On or before June 30 of each year, an
independent counsel shall prepare a statement of
expenditures for the 6 months that ended on the immediately
preceding March 31. On or before December 31 of each year,
an independent counsel shall prepare a statement of
expenditures for the fiscal year that ended on the
immediately preceding September 30. An independent counsel
whose office is terminated prior to the end of the fiscal
year shall prepare a statement of expenditures on or before
the date that is 90 days after the date on which the office
is terminated.
(2) The Comptroller General shall--
(A) conduct a financial review of a mid-
year statement and a financial audit of a
year-end statement and statement on
termination; and
(B) report the results to the Committee
on the Judiciary, Committee on Governmental
Affairs, and Committee on Appropriations of
the Senate and the Committee on the
Judiciary, Committee on Government
Operations, and Committee on Appropriations
of the House of Representatives not later
than 90 days following the submission of
each such statement. (Added Oct. 26, 1978,
Pub. L. 95-521, Title VI, Sec. 601(a), 92
Stat. 1872; Jan. 3, 1983, Pub. L. 97-409,
Sec. 2; Dec. 15, 1987, Pub. L. 100-191,
Sec. 2, 101 Stat. 1304; June 30, 1994, Pub.
L. 103-270, 108 Stat. 735.)
Chapter 85.--DISTRICT COURTS; JURISDICTION
479.2
479.2 Sec. 1365. Senate actions.
(a) The United States District Court for the District of
Columbia shall have original jurisdiction, without regard to
the amount in controversy, over any civil action brought by
the Senate or any authorized committee or subcommittee of
the Senate to enforce, to secure a declaratory judgment
concerning the validity of, or to prevent a threatened
refusal or failure to comply with, any subpena or order
issued by the Senate or committee or subcommittee of the
Senate to any entity acting or purporting to act under color
or authority of State law or to any natural person to secure
the production of documents or other materials of any kind
or the answering of any deposition or interrogatory or to
secure testimony or any combination thereof. This section
shall not apply to an action to enforce, to secure a
declaratory judgment concerning the validity of, or to
prevent a threatened refusal to comply with, any
[[Page 765]]
subpena or order issued to an officer or employee of the
executive branch of the Federal Government acting within his
or her official capacity, except that this section shall
apply if the refusal to comply is based on the assertion of
a personal privilege or objection and is not based on a
governmental privilege or objection the assertion of which
has been authorized by the executive branch of the Federal
Government.
(b) Upon application by the Senate or any authorized
committee or subcommittee of the Senate, the district court
shall issue an order to an entity or person refusing, or
failing to comply with, or threatening to refuse or not to
comply with, a subpena or order of the Senate or committee
or subcommittee of the Senate requiring such entity or
person to comply forthwith. Any refusal or failure to obey a
lawful order of the district court issued pursuant to this
section may be held by such court to be a contempt thereof.
A contempt proceeding shall be commenced by an order to show
cause before the court why the entity or person refusing or
failing to obey the court order should not be held in
contempt of court. Such contempt proceeding shall be tried
by the court and shall be summary in manner. The purpose of
sanctions imposed as a result of such contempt proceeding
shall be to compel obedience to the order of the court.
Process in any such action or contempt proceeding may be
served in any judicial district wherein the entity or party
refusing, or failing to comply, or threatening to refuse or
not to comply, resides, transacts business, or may be found,
and subpenas for witnesses who are required to attend such
proceeding may run into any other district. Nothing in this
section shall confer upon such court jurisdiction to affect
by injunction or otherwise the issuance or effect of any
subpena or order of the Senate or any committee or
subcommittee of the Senate or to review, modify, suspend,
terminate, or set aside any such subpena or order. An
action, contempt proceeding, or sanction brought or imposed
pursuant to this section shall not abate upon adjournment
sine die by the Senate at the end of a Congress if the
Senate or the committee or subcommittee of the Senate which
issued the subpena or order certifies to the court that it
maintains its interest in securing the documents, answers,
or testimony during such adjournment.
[(c) Repealed. Pub. L. 98-620, Title IV,
Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359]
(d) The Senate or any committee or subcommittee of the
Senate commencing and prosecuting a civil action or contempt
proceeding under this section may be represented in such
action by such attorneys as the Senate may designate.
(e) A civil action commenced or prosecuted under this
section, may not be authorized pursuant to the Standing
Order of the Senate ``authorizing suits by Senate
Committees'' (S. Jour. 572, May 28, 1928).
(f) For the purposes of this section the term
``committee'' includes standing, select, or special
committees of the Senate established by law or resolution.
(Added Pub. L. 95-521, Title VII, Sec. 705(f)(1), Oct. 26,
1978, 92 Stat. 1879, Sec. 1364, and amended Pub. L. 98-620,
Title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359;
renumbered Sec. 1365, Pub. L. 99-336, Sec. 6(a)(1)(B), June
19, 1986, 100 Stat. 638; Pub. L. 104-292, Sec. 4, Oct. 11,
1996, 110 Stat. 3460.)
[[Page 766]]
Chapter 91.--UNITED STATES COURT OF FEDERAL CLAIMS
479.3
479.3 Sec. 1492. Congressional reference cases.
Any bill, except a bill for a pension, may be referred
by either House of Congress to the chief judge of the United
States Court of Federal Claims for a report in conformity
with section 2509 of this title. (June 25, 1948, ch. 646, 62
Stat. 941; Oct. 15, 1966, Pub. L. 89-681, Sec. 1, 80 Stat.
958. April 2, 1982, Pub. L. 97-164, Title I, 133(b), 96
Stat. 40; Oct. 29, 1992, Pub. L. 102-572, Title IX,
Sec. 902(a)(1), 106 Stat. 4516.)
Chapter 115.--EVIDENCE; DOCUMENTARY
480
480 Sec. 1736. Congressional Journals.
Extracts from the Journals of the Senate and the House
of Representatives, and from the Executive Journal of the
Senate when the injunction of secrecy is removed, certified
by the Secretary of the Senate or the Clerk of the House of
Representatives shall be received in evidence with the same
effect as the originals would have. (June 25, 1948, ch. 646,
Sec. 1, 62 Stat. 947.)
Chapter 131.--RULES OF COURTS
480.3
480.3 Sec. 2076. [Repealed] (Pub. L. 100-702, Sec. 401(c), 102
Stat. 4650).
Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS
PROCEDURE
480.5
480.5 Sec. 2509. Congressional reference cases.
(a) Whenever a bill, except a bill for a pension, is
referred by either House of Congress to the chief judge of
the United States Court of Federal Claims pursuant to
section 1492 of this title, the chief judge shall designate
a judge as hearing officer for the case and a panel of three
judges of the court to serve as a reviewing body. One member
of the review panel shall be designated as presiding officer
of the panel.
(b) Proceedings in a congressional reference case shall
be under rules and regulations prescribed for the purpose by
the chief judge who is hereby authorized and directed to
require the application of the pertinent rules of practice
of the Court of Federal Claims insofar as feasible. Each
hearing officer and each review panel shall have authority
to do and perform any acts which may be necessary or proper
for the efficient performance of their duties, including the
power of subpena and the power to administer oaths and
affirmations. None of the rules, rulings, findings, or
conclusions authorized by this section shall be subject to
judicial review.
(c) The hearing officer to whom a congressional
reference case is assigned by the chief judge shall proceed
in accordance with the applicable rules to determine the
facts, including facts relating to delay or laches, facts
bearing upon the question whether the bar of any statute of
limitation should be removed, or facts claimed to excuse the
claimant for not having resorted to any established legal
remedy. He shall append to his findings of fact conclusions
sufficient to inform Congress whether the demand is a legal
or equitable claim or a gratuity, and the amount, if any,
legally or equitably due from the United States to the
claimant.
[[Page 767]]
(d) The findings and conclusions of the hearing officer
shall be submitted by him, together with the record in the
case, to the review panel for review by it pursuant to such
rules as may be provided for the purpose, which shall
include provision for submitting the report of the hearing
officer to the parties for consideration, exception, and
argument before the panel. The panel, by majority vote,
shall adopt or modify the findings or the conclusions of the
hearing officer.
(e) The panel shall submit its report to the chief judge
for transmission to the appropriate House of Congress.
(f) Any act or failure to act or other conduct by a
party, a witness, or an attorney which would call for the
imposition of sanctions under the rules of practice of the
Court of Federal Claims shall be noted by the panel or the
hearing officer at the time of occurrence thereof and upon
failure of the delinquent or offending party, witness, or
attorney to make prompt compliance with the order of the
panel or the hearing officer a full statement of the
circumstances shall be incorporated in the report of the
panel.
(g) The Court of Federal Claims is hereby authorized and
directed, under such regulations as it may prescribe, to
provide the facilities and services of the office of the
clerk of the court for the filing, processing, hearing, and
dispatch of congressional reference cases and to include
within its annual appropriations the costs thereof and other
costs of administration, including (but without limitation
to the items herein listed) the salaries and traveling
expenses of the judges serving as hearing officers and panel
members, mailing and service of process, necessary physical
facilities, equipment, and supplies, and personnel
(including secretaries and law clerks). (Oct. 15, 1966, Pub.
L. 89-681, Sec. 2, 80 Stat. 958; April 2, 1982, Pub. L. 97-
164, Title I, Sec. 139(h), 96 Stat. 42; Oct. 29, 1992, Pub.
L. 102-572, Title IX, Sec. 902(a), 106 Stat. 4516.)
[[Page 768]]
TITLE 31.--MONEY AND FINANCE
Chapter 7.--GENERAL ACCOUNTING OFFICE
481
481 Sec. 701. Definitions.
In this chapter--
(1) ``agency'' includes the District of
Columbia government but does not include the
legislative branch or the Supreme Court.
(2) ``appropriations'' means appropriated
amounts and includes, in appropriate context--
(A) funds;
(B) authority to make obligations by
contract before appropriations; and
(C) other authority making amounts
available for obligation or expenditure.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat.
887.)
481.1
481.1 Sec. 712. Investigating the use of public money.
The Comptroller General shall--
(1) investigate all matters related to the
receipt, disbursement, and use of public money;
(2) estimate the cost to the United States
Government of complying with each restriction on
expenditures of a specific appropriation in a
general appropriation law and report each
estimate to Congress with recommendations the
Comptroller General considers desirable;
(3) analyze expenditures of each executive
agency the Comptroller General believes will
help Congress decide whether public money has
been used and expended economically and
efficiently;
(4) make an investigation and report ordered
by either House of Congress or a committee of
Congress having jurisdiction over revenue,
appropriations, or expenditures; and
(5) give a committee of Congress having
jurisdiction over revenue, appropriations, or
expenditures, the help and information the
committee requests. (Pub. L. 97-258, Sept. 13,
1982, 96 Stat. 889.)
481.2
481.2 Sec. 717. Evaluating programs and activities of the United
States Government.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
(except a mixed-ownership Government corporation) or the
District of Columbia government.
(b) The Comptroller General shall evaluate the results
of a program or activity the Government carries out under
existing law--
(1) on the initiative of the Comptroller
General;
(2) when either House of Congress orders an
evaluation; or
(3) when a committee of Congress with
jurisdiction over the program or activity
requests the evaluation.
(c) The Comptroller General shall develop and recommend
to Congress ways to evaluate a program or activity the
Government carries out under existing law.
[[Page 769]]
(d)(1) On request of a committee of Congress, the
Comptroller General shall help the committee to--
(A) develop a statement of legislative goals
and ways to assess and report program
performance related to the goals, including
recommended ways to assess performance,
information to be reported, responsibility for
reporting, frequency of reports and feasibility
of pilot testing; and
(B) assess program evaluations prepared by
and for an agency.
(2) On request of a member of Congress, the Comptroller
General shall give the member a copy of the material the
Comptroller General compiles in carrying out this subsection
that has been released by the committee for which the
material was compiled. (Pub. L. 97-258, Sept. 13, 1982, 96
Stat. 893.)
481.3
481.3 Sec. 718. Availability of draft reports.
(a) A draft report of an audit under section 714 of this
title shall be submitted to the Financial Institutions
Examination Council, the Federal Reserve Board, the Federal
Deposit Insurance Corporation, or the Office of the
Comptroller of the Currency for comment for 30 days.
(b)(1) The Comptroller General may submit a part of a
draft report to an agency for comment for more than 30 days
only if the Comptroller General decides, after a showing by
the agency, that a longer period is necessary and likely to
result in a more accurate report. The report may not be
delayed because the agency does not comment within the
comment period.
(2) When a draft report is submitted to an agency for
comment, the Comptroller General shall make the draft report
available on request to--
(A) either House of Congress, a committee of
Congress, or a member of Congress if the report
was begun because of a request of the House,
committee, or member; or
(B) the Committee on Governmental Affairs of
the Senate and the Committee on Government
Operations of the House of Representatives if
the report was not begun because of a request of
either House of Congress, a committee of
Congress, or a member of Congress.
(3) This subsection is subject to statutory and
executive order guidelines for handling and storing
classified information and material.
(c) A final report of the Comptroller General shall
include--
(1) a statement of significant changes of a
finding, conclusion, or recommendation in an
earlier draft report because of comments on the
draft by an agency;
(2) a statement of the reasons the changes
were made; and
(3) for a draft report submitted under
subsection (a) of this section, written comments
of the agency submitted during the comment
period. (Pub. L. 97-258, Sept. 13, 1982, 96
Stat. 894.)
481.4
481.4 Sec. 719. Comptroller General reports.
(a) At the beginning of each regular session of
Congress, the Comptroller General shall report to Congress
(and to the President when requested by the President) on
the work of the Comptroller General. A report shall include
recommendations on--
[[Page 770]]
(1) legislation the Comptroller General
considers necessary to make easier the prompt
and accurate making and settlement of accounts;
and
(2) other matters related to the receipt,
disbursement, and use of public money the
Comptroller General considers advisable.
(b)(1) the Comptroller General shall include in the
report to Congress under subsection (a) of this section--
(A) a review of activities under sections
717 (b)-(d) and 731(e)(2) of this title,
including recommendations under section 717(c)
of this title;
(B) information on carrying out duties and
powers of the Comptroller General under clauses
(A) and (C) of this paragraph, subsections (g)
and (h) of this section, and sections 717,
731(e)(2), 734, 1112, and 1113 of this title;
and
(C) the name of each officer and employee of
the General Accounting Office assigned or
detailed to a committee of Congress, the
committee to which the officer or employee is
assigned or detailed, the length of the period
of assignment or detail, a statement on whether
the assignment or detail is finished or
continuing, and compensation paid out of
appropriations available to the Comptroller
General for the period of the assignment or
detail that has been completed.
(2) In a report under subsection (a) of this section or
in a special report to Congress when Congress is in session,
the Comptroller General shall include recommendations on
greater economy and efficiency in public expenditures.
(3) The report under subsection (a) shall also include a
statement of the staff hours and estimated cost of work
performed on audits, evaluations, investigations, and
related work during each of the three fiscal years preceding
the fiscal year in which the report is submitted, stated
separately for each division of the General Accounting
Office by category as follows:
(A) A category for work requested by the
chairman of a committee of Congress, the
chairman of a subcommittee of such a committee,
or any other Member of Congress.
(B) A category for work required by law to
be performed by the Comptroller General.
(C) A category for work initiated by the
Comptroller General in the performance of the
Comptroller General's general responsibilities.
(c) The Comptroller General shall report to Congress--
(1) specially on expenditures and contracts
an agency makes in violation of law;
(2) on the adequacy and effectiveness of--
(A) administrative audits of accounts
and claims in an agency; and
(B) inspections by an agency of offices
and accounts of fiscal officials; and
(3) as frequently as practicable on audits
carried out under sections 713 and 714 of this
title.
(d) The Comptroller General shall report on analyses
carried out under section 712(3) of this title to the
Committees on Governmental Affairs and Appropriations of the
Senate, the Committees on Government Oper
[[Page 771]]
ations and Appropriations of the House, and the committees
with jurisdiction over legislation related to the operation
of each executive agency.
(e) The Comptroller General shall give the President
information on expenditures and accounting the President
requests.
(f) When the Comptroller General submits a report to
Congress, the Comptroller General shall deliver copies of
the report to--
(1) the Committees on Governmental Affairs
and Appropriations of the Senate;
(2) the Committees on Government Operations
and Appropriations of the House;
(3) a committee of Congress that requested
information on any part of a program or activity
of a department, agency, or instrumentality of
the United States Government (except a mixed-
ownership Government corporation) or the
District of Columbia government that is the
subject of any part of a report; and
(4) any other committee of Congress
requesting a copy.
(g)(1) The Comptroller General shall prepare--
(A) each month a list of reports issued
during the prior month; and
(B) at least once each year a list of
reports issued during the prior 12 months.
(2) A copy of each list shall be sent to each committee
of Congress and each member of Congress. On request, the
Comptroller General promptly shall provide a copy of a
report to a committee or member.
(h) On request of a committee of Congress, the
Comptroller General shall explain to and discuss with the
committee or committee staff a report the Comptroller
General makes that would help the committee--
(1) evaluate a program or activity of an
agency within the jurisdiction of the committee;
or
(2) in its consideration of proposed
legislation.
[(i) Redesignated (h)]
(As amended Pub. L. 104-316, Title I, Sec. 115(b), Oct. 19,
1996, 110 Stat. 3834; Pub. L. 105-85, Div. A, Title X,
Sec. 1044, Nov. 18, 1997, 111 Stat. 1887.)
481.5
481.5 Sec. 720. Agency reports.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
(except a mixed-ownership Government corporation) or the
District of Columbia government.
(b) When the Comptroller General makes a report that
includes a recommendation to the head of an agency, the head
of the agency shall submit a written statement on action
taken on the recommendation by the head of the agency. The
statement shall be submitted to--
(1) The Committee on Governmental Affairs of
the Senate and the Committee on Government
Operations of the House of Representatives
before the 61st day after the date of the
report; and
(2) The Committees on Appropriations of both
Houses of Congress in the first request for
appropriations submitted more than 60 days after
the date of the report. (Pub. L. 97-258, Sept.
13, 1982, 96 Stat. 896.)
481.6
481.6 Sec. 734. Assignments and details to Congress.
The Comptroller General may assign or detail an officer
or employee of the General Accounting Office to full-time
continuous duty with a
[[Page 772]]
committee of Congress for not more than one year. (Pub. L.
97-258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98-367, Title
I, Sec. 8, July 17, 1984, 98 Stat. 475.)
Chapter 11.--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM
INFORMATION
482
482 Sec. 1101. Definitions.
In this chapter--
(1) ``agency'' includes the District of
Columbia government but does not include the
legislative branch or the Supreme Court.
(2) ``appropriations'' means appropriated
amounts and includes, in appropriate context--
(A) funds;
(B) authority to make obligations by
contract before appropriations; and
(C) other authority making amounts
available for obligation or expenditure.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat.
907.)
482.1
482.1 Sec. 1102. Fiscal year.
The fiscal year of the Treasury begins on October 1 of
each year and ends on September 30 of the following year.
Accounts of receipts and expenditures required under law to
be published each year shall be published for the fiscal
year. (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
483
483 Sec. 1103. Budget ceiling.
Congress reaffirms its commitment that budget outlays of
the United States Government for a fiscal year may be not
more than the receipts of the Government for that year.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
483.1
483.1 Sec. 1104. Budget and appropriations authority of the
President.
(a) The President shall prepare budgets of the United
States Government under section 1105 of this title and
proposed deficiency and supplemental appropriations under
section 1107 of this title. To the extent practicable, the
President shall use uniform terms in stating the purposes
and conditions of appropriations.
(b) Except as provided in this chapter, the President
shall prescribe the contents and order of statements in the
budget on expenditures and estimated expenditures and
statements on proposed appropriations and information
submitted with the budget and proposed appropriations. The
President shall include with the budget and proposed
appropriations information on personnel and other objects of
expenditure in the way that information was included in the
budget for fiscal year 1950. However, the requirement that
information be included in the budget in that way may be
waived or changed by joint action of the Committees on
Appropriations of both Houses of Congress. This subsection
does not limit the authority of a committee of Congress to
request information in a form it prescribes.
(c) When the President makes a basic change in the form
of the budget, the President shall submit with the budget
information showing where items in the budget for the prior
fiscal year are contained in the present budget. However,
the President may change the functional
[[Page 773]]
categories in the budget only in consultation with the
Committees on Appropriations and on the Budget of both
Houses of Congress. Committees of the House of
Representatives and Senate shall receive prompt notification
of all such changes.
(d) The President shall develop programs and prescribe
regulations to improve the compilation, analysis,
publication, and dissemination of statistical information by
executive agencies. The President shall carry out this
subsection through the Administrator for the Office of
Information and Regulatory Affairs in the Office of
Management and Budget.
(e) Under regulations prescribed by the President, each
agency shall provide information required by the President
in carrying out this chapter. The President has access to,
and may inspect, records of an agency to obtain information.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99-
177, Dec. 12, 1985, 99 Stat. 1060.)
484
484 Sec. 1105. Budget contents and submission to Congress.
(a) On or after the first Monday in January but not
later than the first Monday in February of each year, the
President shall submit a budget of the United States
Government for the following fiscal year. Each budget shall
include a budget message and summary and supporting
information. The President shall include in each budget the
following:
(1) information on activities and functions
of the Government.
(2) when practicable, information on costs
and achievements of Government programs.
(3) other desirable classifications of
information.
(4) a reconciliation of the summary
information on expenditures with proposed
appropriations.
(5) except as provided in subsection (b) of
this section, estimated expenditures and
proposed appropriations the President decides
are necessary to support the Government in the
fiscal year for which the budget is submitted
and the 4 fiscal years after that year.
(6) estimated receipts of the Government in
the fiscal year for which the budget is
submitted and the 4 fiscal years after that year
under--
(A) laws in effect when the budget is
submitted; and
(B) proposals in the budget to increase
revenues.
(7) appropriations, expenditures, and
receipts of the Government in the prior fiscal
year.
(8) estimated expenditures and receipts, and
appropriations and proposed appropriations, of
the Government for the current fiscal year.
(9) balanced statement of the--
(A) condition of the Treasury at the end
of the prior fiscal year;
(B) estimated condition of the Treasury
at the end of the current fiscal year; and
(C) estimated condition of the Treasury
at the end of the fiscal year for which the
budget is submitted if financial proposals
in the budget are adopted.
(10) essential information about the debt of
the Government.
(11) other financial information the
President decides is desirable to explain in
practicable detail the financial condition of
the Government.
[[Page 774]]
(12) for each proposal in the budget for
legislation that would establish or expand a
Government activity or function, a table
showing--
(A) the amount proposed in the budget
for appropriation and for expenditure
because of the proposal in the fiscal year
for which the budget is submitted; and
(B) the estimated appropriation required
because of the proposal for each of the 4
fiscal years after that year that the
proposal will be in effect.
(13) an allowance for additional estimated
expenditures and proposed appropriations for the
fiscal year for which the budget is submitted.
(14) an allowance for unanticipated
uncontrollable expenditures for that year.
(15) a separate statement on each of the
items referred to in section 301(a) (1)-(5) of
the Congressional Budget Act of 1974 (2 U.S.C.
632(a) (1)-(5)).
(16) the level of tax expenditures under
existing law in the tax expenditures budget (as
defined in section 3(a)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the
fiscal year for which the budget is submitted,
considering projected economic factors and
changes in the existing levels based on
proposals in the budget.
(17) information on estimates of
appropriations for the fiscal year following the
fiscal year for which the budget is submitted
for grants, contracts, and other payments under
each program for which there is an authorization
of appropriations for that following fiscal year
when the appropriations are authorized to be
included in an appropriation law for the fiscal
year before the fiscal year in which the
appropriation is to be available for obligation.
(18) a comparison of the total amount of
budget outlays for the prior fiscal year,
estimated in the budget submitted for that year,
for each major program having relatively
uncontrollable outlays with the total amount of
outlays for that program in that year.
(19) a comparison of the total amount of
receipts for the prior fiscal year, estimated in
the budget submitted for that year, with
receipts received in that year, and for each
major source of receipts, a comparison of the
amount of receipts estimated in that budget with
the amount of receipts from that source in that
year.
(20) an analysis and explanation of the
differences between each amount compared under
clauses (18) and (19) of this subsection.
(21) a horizontal budget showing--
(A) the program for meteorology and the
National Climate Program established under
section 5 of the National Climate Program
Act (15 U.S.C. 2904);
(B) specific aspects of the program of,
and appropriations for, each agency; and
(C) estimated goals and financial
requirements.
(22) a statement of budget authority,
proposed budget authority, budget outlays, and
proposed budget outlays, and descriptive
information in terms of--
[[Page 775]]
(A) a detailed structure of national
needs that refers to the missions and
programs of agencies (as defined in section
101 of this title); and
(B) the missions and basic programs.
(23) separate appropriation accounts for
appropriations under the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et seq.) and
the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 801 et seq.).
(24) recommendations on the return of
Government capital to the Treasury by a mixed-
ownership corporation (as defined in section
9101 (2) of this title) that the President
decides are desirable.
(25) a separate appropriation account for
appropriations for each Office of Inspector
General of an establishment defined under
section 11(2) of the Inspector General Act of
1978.
(26) a separate statement of the amount of
appropriations requested for the Office of
National Drug Control Policy and each program of
the National Drug Control Program.
(27) a separate statement of the amount of
appropriations requested for the Office of
Federal Financial Management.
(28) beginning with fiscal year 1999, a
Federal Government performance plan for the
overall budget as provided for under section
1115.
(29) information about the Violent Crime
Reduction Trust Fund, including a separate
statement of amounts in that Trust Fund.
(30) an analysis displaying, by agency,
proposed reductions in full-time equivalent
positions compared to the current year's level
in order to comply with section 5 of the Federal
Workforce Restructuring Act of 1994.
(31) a separate statement of the amount of
appropriations requested for the Chief Financial
Officer in the Executive Office of the
President.
(32) 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.
(b) Estimated expenditures and proposed appropriations
for the legislative branch and the judicial branch to be
included in each budget under subsection (a)(5) of this
section shall be submitted to the President before October
16 of each year and included in the budget by the President
without change.
(c) The President shall recommend in the budget
appropriate action to meet an estimated deficiency when the
estimated receipts for the fiscal year for which the budget
is submitted (under laws in effect when the budget is
submitted) and the estimated amounts in the Treasury at the
end of the current fiscal year available for expenditure in
the fiscal year for which the budget is submitted, are less
than the estimated expenditures for that year. The President
shall make recommendations required by the public interest
when the estimated receipts and estimated amounts in the
Treasury are more than the estimated expenditures.
(d) When the President submits a budget or supporting
information about a budget, the President shall include a
statement on all changes
[[Page 776]]
about the current fiscal year that were made before the
budget or information was submitted.
(e)(1) The President shall submit with materials related
to each budget transmitted under subsection (a) on or after
January 1, 1985, an analysis for the ensuing fiscal year
that shall identify requested appropriations or new
obligational authority and outlays for each major program
that may be classified as a public civilian capital
investment program and for each major program that may be
classified as a military capital investment program, and
shall contain summaries of the total amount of such
appropriations or new obligational authority and outlays for
public civilian capital investment programs and summaries of
the total amount of such appropriations or new obligational
authority and outlays for military capital investment
programs. In addition, the analysis under this paragraph
shall contain--
(A) an estimate of the current service
levels of public civilian capital investment and
of military capital investment and alternative
high and low levels of such investments over a
period of ten years in current dollars and over
a period of five years in constant dollars;
(B) the most recent assessment analysis and
summary, in a standard format, of public
civilian capital investment needs in each major
program area over a period of ten years;
(C) an identification and analysis of the
principal policy issues that effect estimated
public civilian capital investment needs for
each major program; and
(D) an identification and analysis of
factors that affect estimated public civilian
capital investment needs for each major program,
including but not limited to the following
factors:
(i) economic assumptions;
(ii) engineering standards;
(iii) estimates of spending for
operation and maintenance;
(iv) estimates of expenditures for
similar investments by State and local
governments; and
(v) estimates of demand for public
services derived from such capital
investments and estimates of the service
capacity of such investments.
To the extent that any analysis required
by this paragraph relates to any program for
which Federal financial assistance is
distributed under a formula prescribed by
law, such analysis shall be organized by
State and within each State by major
metropolitan area if data are available.
(2) For purposes of this subsection, any appropriation,
new obligational authority, or outlay shall be classified as
a public civilian capital investment to the extent that such
appropriation, authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for a number of years and is not classified
as a military capital investment under paragraph (3). Such
assets shall include (but not be limited to)--
(A) roadways or bridges,
(B) airports or airway facilities,
(C) mass transportation systems,
(D) wastewater treatment or related
facilities,
[[Page 777]]
(E) water resources projects,
(F) hospitals,
(G) resource recovery facilities,
(H) public buildings,
(I) space or communications facilities,
(J) railroads, and
(K) federally assisted housing.
(3) For purposes of this subsection, any appropriation,
new obligational authority, or outlay shall be classified as
a military capital investment to the extent that such
appropriation authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for purposes of national defense and security
for a number of years. Such assets shall include military
bases, posts, installations, and facilities.
(4) Criteria and guidelines for use in the
identification of public civilian and military capital
investments, for distinguishing between public civilian and
military capital investments, and for distinguishing between
major and nonmajor capital investment programs shall be
issued by the Director of the Office of Management and
Budget after consultation with the Comptroller General and
the Congressional Budget Office. The analysis under the
subsection shall be accompanied by an explanation of such
criteria and guidelines.
(5) For purposes of this subsection--
(A) the term ``construction'' includes the
design, planning, and erection of new structures
and facilities, the expansion of existing
structures and facilities, the reconstruction of
a project at an existing site or adjacent to an
existing site, and the installation of initial
and replacement equipment for such structures
and facilities;
(B) the term ``acquisition'' includes the
addition of land, sites, equipment, structures,
facilities, or rolling stock by purchase, lease-
purchase, trade, or donation; and
(C) the term ``rehabilitation'' includes the
alteration of or correction of deficiencies in
an existing structure or facility so as to
extend the useful life or improve the
effectiveness of the structure or facility, the
modernization or replacement of equipment at an
existing structure or facility, the
modernization or and the modernization of, or
replacement of parts for, rolling stock.
(f) The budget transmitted pursuant to subsection (a)
for a fiscal year shall be prepared in a manner consistent
with the requirements of the Balanced Budget and Emergency
Deficit Control Act of 1985 that apply to that and
subsequent fiscal years.
(g)(1) The Director of the Office of Management and
Budget shall establish the funding for advisory and
assistance services for each department and agency as a
separate object class in each budget annually submitted to
the Congress under this section.
(2)(A) In paragraph (1), except as provided in
subparagraph (B), the term ``advisory and assistance
services'' means the following services when provided by
nongovernmental sources:
(i) Management and professional support
services.
(ii) Studies, analyses, and evaluations.
(iii) Engineering and technical services.
(B) In paragraph (1), the term ``advisory and assistance
services'' does not include the following services:
[[Page 778]]
(i) Routine automated data processing and
telecommunications services unless such services
are an integral part of a contract for the
procurement of advisory and assistance services.
(ii) Architectural and engineering services,
as defined in section 901 of the Brooks
Architect-Engineers Act (40 U.S.C. 541).
(iii) Research on basic mathematics or
medical, biological, physical, social,
psychological, or other phenomena.
(As amended Pub. L. 98-501, Title II, Sec. 203, Oct. 19,
1984, 98 Stat. 2324; Pub. L. 99-177, Title II, Sec. 241,
Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100-119, Title I,
Sec. 106(f), Sept. 29, 1987, 101 Stat. 781; Pub. L. 100-418,
Title V, Sec. 5301, Aug. 23, 1988, 102 Stat. 1462; Pub. L.
100-504, Title I, Sec. 108, Oct. 18, 1988, 102 Stat. 2529;
Pub. L. 100-690, Title I, Secs. 1006, 1009, Nov. 18, 1988,
102 Stat. 4187, 4188; Pub. L. 101-508, Title XIII,
Sec. 13112(c), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L.
101-576, Title II, Sec. 203(b), Nov. 15, 1990, 104 Stat.
2841; Pub. L. 103-62, Sec. 4(a), Aug. 3, 1993, 107 Stat.
286; Pub. L. 103-272, Sec. 4(f)(1)(E), July 5, 1994, 108
Stat. 1362; Pub. L. 103-322, Title IX, Sec. 90208(a), Title
XXXI, Sec. 310001(e), Sept. 13, 1994, 108 Stat. 1995, 2103;
Pub. L. 103-355, Title II, Sec. 2454(a), Oct. 13, 1994, 108
Stat. 3326; Pub. L. 104-287, Sec. 4(l), Oct. 11, 1996, 110
Stat. 3388; Pub. L. 105-33, Title X, Sec. 10209(b), Aug. 5,
1997, 111 Stat. 711; Pub. L. 105-277, Div. C, Title VII,
Sec. 713(c), Oct. 21, 1998, 112 Stat. 2681-693.)
484.1
484.1 Sec. 1106. Supplemental budget estimates and changes.
(a) Before July 16 of each year, the President shall
submit to Congress a supplemental summary of the budget for
the fiscal year for which the budget is submitted under
section 1105(a) of this title. The summary shall include--
(1) for that fiscal year--
(A) substantial changes in or
reappraisals of estimates of expenditures
and receipts;
(B) substantial obligations imposed on
the budget after its submission;
(C) current information on matters
referred to in section 1105(a) (8) and (9)
(B) and (C) of this title; and
(D) additional information the President
decides is advisable to provide Congress
with complete and current information about
the budget and current estimates of the
functions, obligations, requirements, and
financial condition of the United States
Government.
(2) for the 4 fiscal years following the
fiscal year for which the budget is submitted,
information on estimated expenditures for
programs authorized to continue in future years,
or that are considered mandatory, under law; and
(3) for future fiscal years, information on
estimated expenditures of balances carried over
from the fiscal year for which the budget is
submitted.
(b) Before July 16 of each year, the President shall
submit to Congress a statement of changes in budget
authority requested, estimated budget outlays, and estimated
receipts for the fiscal year for which the budget is
submitted (including prior changes proposed for the
executive branch of the Government) that the President
decides are necessary and appropriate based on current
information. The statement shall include the effect of those
changes on the information submitted under section
[[Page 779]]
1105(a)(1)-(14) and (b) of this title and shall include
supporting information as practicable. The statement
submitted before July 16 may be included in the information
submitted under subsection (a)(1) of this section.
(c) Subsection (f) of section 1105 shall apply to
revisions and supplemental summaries submitted under this
section to the same extent that such subsection applies to
the budget submitted under section 1105(a) to which such
revisions and summaries relate. (Pub. L. 97-258, Sept. 13,
1982, 96 Stat. 911; Pub. L. 99-77 Title II, Sec. 242, Dec.
12, 1985, Stat. 1063.)
485
485 Sec. 1107. Deficiency and supplemental appropriations.
The President may submit to Congress proposed deficiency
and supplemental appropriations the President decides are
necessary because of laws enacted after the submission of
the budget or that are in the public interest. The President
shall include the reasons for the submission of the proposed
appropriations and the reasons the proposed appropriations
were not included in the budget. When the total proposed
appropriations would have required the President to make a
recommendation under section 1105(c) of this title if they
had been included in the budget, the President shall make a
recommendation under that section. (Pub. L. 97-258, Sept.
13, 1982, 96 Stat. 911.)
485.1
485.1 Sec. 1108. Preparation and submission of appropriations
requests to the President.
(a) In this section (except subsections (b)(1) and (e)),
``agency'' means a department, agency, or instrumentality of
the United States Government.
(b)(1) The head of each agency shall prepare and submit
to the President each appropriation request for the agency.
The request shall be prepared and submitted in the form
prescribed by the President under this chapter and by the
date established by the President. When the head of an
agency does not submit a request by that date, the President
shall prepare the request for the agency to be included in
the budget or changes in the budget or as deficiency and
supplemental appropriations. The President may change agency
appropriation requests. Agency appropriation requests shall
be developed from cost-based budgets in the way and at times
prescribed by the President. The head of the agency shall
use the cost-based budget to administer the agency and to
divide appropriations or amounts.
(2) An officer or employee of an agency in the executive
branch may submit to the President or Congress a request for
legislation authorizing deficiency or supplemental
appropriations for the agency only with the approval of the
head of the agency.
(c) The head of an agency shall include with an
appropriation request submitted to the President a report
that the statement of obligations submitted with the request
contains obligations consistent with section 1501 of this
title. The head of the agency shall support the report with
a certification of the consistency and shall support the
certification with records showing that the amounts have
been obligated. The head of the agency shall designate
officials to make the certifications, and those officials
may not delegate the duty to make the certifications. The
certifications and records shall be kept in the agency--
(1) in a form that makes audits and
reconciliations easy; and
[[Page 780]]
(2) for a period necessary to carry out
audits and reconciliations.
(d) To the extent practicable, the head of an agency
shall--
(1) provide information supporting the
agency's budget request for its missions by
function and subfunction (including the mission
of each organizational unit of the agency); and
(2) relate the agency's programs to its
missions.
(e) Except as provided in subsection (f) of this
section, an officer or employee of an agency (as defined in
section 1101 of this title) may submit to Congress or a
committee of Congress an appropriations estimate or request,
a request for an increase in that estimate or request, or a
recommendation on meeting the financial needs of the
Government only when requested by either House of Congress.
(f) The Interstate Commerce Commission shall submit to
Congress copies of budget estimates, requests, and
information (including personnel needs), legislative
recommendations, prepared testimony for congressional
hearings, and comments on legislation at the same time they
are sent to the President or the Office of Management and
Budget. An officer of an agency may not impose conditions on
or impair communication by the Commission with Congress, or
a committee or member of Congress, about the information.
(g) Amounts available under law are available for field
examinations of appropriation estimates. The use of the
amounts is subject only to regulations prescribed by the
appropriate standing committees of Congress. (Pub. L. 97-
258, Sept. 13, 1982, 96 Stat. 912.)
486
486 Sec. 1109. Current programs and activities estimates.
(a) On or before the first Monday after January 3 of
each year (on or before February 5 in 1986), the President
shall submit to both Houses of Congress the estimated budget
outlays and proposed budget authority that would be included
in the budget for the following fiscal year if programs and
activities of the United States Government were carried on
during that year at the same level as the current fiscal
year without a change in policy. The President shall state
the estimated budget outlays and proposed budget authority
by function and subfunction under the classifications in the
budget summary table under the heading ``Budget Authority
and Outlays by Function and Agency'', by major programs in
each function, and by agency. The President also shall
include a statement of the economic and program assumptions
on which those budget outlays and budget authority are
based, including inflation, real economic growth, and
unemployment rates, program caseloads, and pay increases.
(b) The Joint Economic Committee shall review the
estimated budget outlays and proposed budget authority and
submit an economic evaluation of the budget outlays and
budget authority to the Committees on the Budget of both
Houses before March 1 of each year. (Pub. L. 97-258, Sept.
13, 1982, 96 Stat. 913; Pub. L. 99-177, Title II, Sec. 222,
Dec. 12, 1985, 99 Stat. 1060.)
486.1
486.1 Sec. 1110. Year-ahead requests for authorizing legislation.
A request to enact legislation authorizing new budget
authority to continue a program or activity for a fiscal
year shall be submitted to Congress before May 16 of the
year before the year in which the fiscal year begins. If a
new program or activity will continue for more than
[[Page 781]]
one year, the request must be submitted for at least the
first and second fiscal years. (Pub. L. 97-258, Sept. 13,
1982, 96 Stat. 913.)
487
487 Sec. 1111. Improving economy and efficiency.
To improve economy and efficiency in the United States
Government, the President shall--
(1) make a study of each agency to decide,
and may send Congress recommendations, on
changes that should be made in--
(A) the organization, activities, and
business methods of agencies;
(B) agency appropriations;
(C) the assignment of particular
activities to particular services; and
(D) regrouping of services; and
(2) evaluate and develop improved plans for
the organization, coordination, and management
of the executive branch of the Government. (Pub.
L. 97-258, Sept. 13, 1982, 96 Stat. 913.)
487.1
487.1 Sec. 1112. Fiscal, budget, and program information.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
except a mixed/ownership Government corporation.
(b) In cooperation with the Comptroller General, the
Secretary of the Treasury and the Director of the Office of
Management and Budget shall establish and maintain standard
data processing and information systems for fiscal, budget,
and program information for use by agencies to meet the
needs of the Government, and to the extent practicable, of
State and local governments.
(c) The Comptroller General--
(1) in cooperation with the Secretary, the
Director of the Office of Management and Budget,
and the Director of the Congressional Budget
Office, shall establish, maintain, and publish
standard terms and classifications for fiscal,
budget, and program information of the
Government, including information on fiscal
policy, receipts, expenditures, program,
projects, activities, and functions;
(2) when advisable, shall report to Congress
on those terms and classifications, and
recommend legislation necessary to promote the
establishment, maintenance, and use of standard
terms and classifications by the executive
branch of the Government; and
(3) in carrying out this subsection, shall
give particular consideration to the needs of
the Committees on Appropriations and on the
Budget of both Houses of Congress, the Committee
on Ways and Means of the House, the Committee on
Finance of the Senate, and the Congressional
Budget Office.
(d) Agencies shall use the standard terms and
classifications published under subsection (c)(1) of this
section in providing fiscal, budget, and program information
to Congress.
(e) In consultation with the President, the head of each
executive agency shall take actions necessary to achieve to
the extent possible--
(1) consistency in budget and accounting
classifications;
(2) synchronization between those
classifications and organizational structure;
and
(3) information by organizational unit on
performance and program costs to support budget
justifications.
[[Page 782]]
(f) In cooperation with the Director of the
Congressional Budget Office, the Comptroller General, and
appropriate representatives of State and local governments,
the Director of the Office of Management and Budget (to the
extent practicable) shall provide State and local
governments with fiscal, budget, and program information
necessary for accurate and timely determination by those
governments of the impact on their budget of assistance of
the United States Government. (Pub. L. 97-258, Sept. 13,
1982, 96 Stat. 913.)
488
488 Sec. 1113. Congressional information.
(a)(1) When requested by a committee of Congress having
jurisdiction over receipts or appropriations, the President
shall provide the committee with assistance and information.
(2) When requested by a committee of Congress,
additional information related to the amount of an
appropriation originally requested by an Office of Inspector
General shall be submitted to the committee.
(b) When requested by a committee of Congress, by the
Comptroller General, or by the Director of the Congressional
Budget Office, the Secretary of the Treasury, the Director
of the Office of Management and Budget, and the head of each
executive agency shall--
(1) provide information on the location and
kind of available fiscal, budget, and program
information;
(2) to the extent practicable, prepare
summary tables of that fiscal, budget, and
program information and related information the
committee, the Comptroller General, or the
Director of the Congressional Budget Office
considers necessary; and
(3) provide a program evaluation carried out
or commissioned by an executive agency.
(c) In cooperation with the Director of the
Congressional Budget Office, the Secretary, and the Director
of the Office of Management and Budget, and Comptroller
General shall--
(1) establish and maintain a current
directory of sources of, and information systems
for, fiscal, budget, and program information and
a brief description of the contents of each
source and system;
(2) when requested, provide assistance to
committees of Congress and members of Congress
in obtaining information from the sources in the
directory; and
(3) when requested, provide assistance to
committees and, to the extent practicable, to
members of Congress in evaluating the
information obtained from the sources in the
directory.
(d) To the extent they consider necessary, the
Comptroller General and the Director of the Congressional
Budget Office individually or jointly shall establish and
maintain a file of information to meet recurring needs of
Congress for fiscal, budget, and program information to
carry out this section and sections 717 and 1112 of this
title. The file shall include information on budget
requests, congressional authorizations to obligate and
expend, apportionment and reserve actions, and obligations
and expenditures. The Comptroller General and the Director
shall maintain the file and an index to the file so that it
is easier for the committees and agencies of Congress to use
the file and index through data processing and
communications techniques.
(e)(1) The Comptroller General shall--
[[Page 783]]
(A) carry out a continuing program to
identify the needs of committees and members of
Congress for fiscal, budget, and program
information to carry out this section and
section 1112 of this title;
(B) assist committees of Congress in
developing their information needs;
(C) monitor recurring reporting requirements
of Congress and committees; and
(D) make recommendations to Congress and
committees for changes and improvements in those
reporting requirements to meet information needs
identified by the Comptroller General, to
improve their usefulness to congressional users,
and to eliminate unnecessary reporting.
(2) Before September 2 of each year, the Comptroller
General shall report to Congress on--
(A) the needs identified under paragraph
(1)(A) of this subsection;
(B) the relationship of those needs to
existing reporting requirements;
(C) the extent to which reporting by the
executive branch of the United States Government
currently meets the identified needs;
(D) the changes to standard classifications
necessary to meet congressional needs;
(E) activities, progress, and results of the
program of the Comptroller General under
paragraph (1) (B)-(D) of this subsection; and
(F) progress of the executive branch in the
prior year.
(3) Before March 2 of each year, the Director of the
Office of Management and Budget and the Secretary shall
report to Congress on plans for meeting the needs identified
under paragraph (1)(A) of this subsection, including--
(A) plans for carrying out changes to
classifications to meet information needs of
Congress;
(B) the status of information systems in the
prior year; and
(C) the use of standard classifications.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 914;
Pub. L. 97-452, Sec. 1(3), Jan. 12, 1983, 96
Stat. 2467.)
489
489 Sec. 1114. Repealed. (Oct. 13, 1994, Pub. L. 103-355,
Sec. 2454(c)(2), 108 Stat. 3326.)
Chapter 33.--DEPOSITING, KEEPING, AND PAYING MONEY
Subchapter 2.--Payments
489.1
489.1 Sec. 3332. Required direct deposit.
(a)(1) Notwithstanding any other provision of law, all
Federal wage, salary, and retirement payments shall be paid
to recipients of such payments by electronic funds transfer,
unless another method has been determined by the Secretary
of the Treasury to be appropriate.
(2) Each recipient of Federal wage, salary, or
retirement payments shall designate one or more financial
institutions or other authorized payment agents and provide
the payment certifying or authorizing agency information
necessary for the recipient to receive electronic funds
transfer payments through each institution so designated.
(b)(1) The head of each agency shall waive the
requirements of subsection (a) of this section for a
recipient of Federal wage, salary, or
[[Page 784]]
retirement payments authorized or certified by the agency
upon written request by such recipient.
(2) Federal wage, salary, or retirement payments shall
be paid to any recipient granted a waiver under paragraph
(1) of this subsection by any method determined appropriate
by the Secretary of the Treasury.
(c)(1) The Secretary of the Treasury may waive the
requirements of subsection (a) of this section for any group
of recipients upon request by the head of an agency under
standards prescribed by the Secretary of the Treasury.
(2) Federal wage, salary, or retirement payments shall
be paid to any member of a group granted a waiver under
paragraph (1) of this subsection by any method determined
appropriate by the Secretary of the Treasury.
(d) This section shall apply only to recipients of
Federal wage or salary payments who begin to receive such
payments on or after January 1, 1995, and recipients of
Federal retirement payments who begin to receive such
payments on or after January 1, 1995.
(e)(1) Notwithstanding subsections (a) through (d) of
this section, sections 5120(a) and (d) of title 38, and any
other provision of law, all Federal payments to a recipient
who becomes eligible for that type of payment after 90 days
after the date of the enactment of the Debt Collection
Improvement Act of 1996 shall be made by electronic funds
transfer.
(2) The head of a Federal agency shall, with respect to
Federal payments made or authorized by the agency, waive the
application of paragraph (1) to a recipient of those
payments upon receipt of written certification from the
recipient that the recipient does not have an account with a
financial institution or an authorized payment agent.
(f)(1) Notwithstanding any other provision of law
(including subsections (a) through (e) of this section and
sections 5120(a) and (d) of title 38), except as provided in
paragraph (2) all Federal payments made after January 1,
1999, shall be made by electronic funds transfer.
(2)(A) The Secretary of the Treasury may waive
application of this subsection to payments--
(i) for individuals or classes of
individuals for whom compliance imposes a
hardship;
(ii) for classifications or types of checks;
or
(iii) in other circumstances as may be
necessary.
(B) The Secretary of the Treasury shall make
determinations under subparagraph (A) based on standards
developed by the Secretary.
(g) Each recipient of Federal payments required to be
made by electronic funds transfer shall--
(1) designate 1 or more financial
institutions or other authorized agents to which
such payments shall be made; and
(2) provide to the Federal agency that makes
or authorizes the payments information necessary
for the recipient to receive electronic funds
transfer payments through each institution or
agent designated under paragraph (1).
(h) The crediting of the amount of a payment to the
appropriate account on the books of a financial institution
or other authorized payment agent designated by a payment
recipient under this section shall constitute a full
acquittance to the United States for the amount of the
payment.
[[Page 785]]
(i)(1) The Secretary of the Treasury may prescribe
regulations that the Secretary considers necessary to carry
out this section.
(2) Regulations under this subsection shall ensure that
individuals required under subsection (g) to have an account
at a financial institution because of the application of
subsection (f)(1)--
(A) will have access to such an account at a
reasonable cost; and
(B) are given the same consumer protections
with respect to the account as other account
holders at the same financial institution.
(j) For purposes of this section--
(1) The term ``electronic funds transfer''
means any transfer of funds, other than a
transaction originated by cash, check, or
similar paper instrument, that is initiated
through an electronic terminal, telephone,
computer, or magnetic tape, for the purpose of
ordering, instructing, or authorizing a
financial institution to debit or credit an
account. The term includes Automated Clearing
House transfers, Fed Wire transfers, transfers
made at automatic teller machines, and point-of-
sale terminals.
(2) The term ``Federal agency'' means--
(A) an agency (as defined in section 101
of this title); and
(B) a Government corporation (as defined
in section 103 of title 5).
(3) The term ``Federal payments'' includes--
(A) Federal wage, salary, and retirement
payments;
(B) vendor and expense reimbursement
payments; and
(C) benefit payments.
Such term shall not include any payment under the
Internal Revenue Code of 1986.
(As amended Pub. L. 98-369, Title VIII, Sec. 2814, July 18,
1984, 98 Stat. 1207; Pub. L. 103-356, Title IV, Sec. 402(a),
Oct. 13, 1994, 108 Stat. 3412; Pub. L. 104-134, Title III,
Sec. 31001(x)(1), Apr. 26, 1996, 110 Stat. 1321-376.)
[[Page 786]]
TITLE 39.--POSTAL SERVICE
Part IV.--MAIL MATTER
Chapter 32.--PENALTY AND FRANKED MAIL\1\
490
490 Sec. 3201. Definitions.
As used in this chapter--
\1\ For United States Postal Service regulation on
congressional franking privilege, see Senate Manual
section 497. See also the Regulations Governing the Use
of the Mailing Frank by Members and Officers of the
United States Senate, issued by the Select Committee on
Ethics. See also Regulations Governing Franked Mail,
issued by the Senate Committee on Rules and
Administration.
(1) ``penalty mail'' means official mail,
other than franked mail, which is authorized by
law to be transmitted in the mail without
prepayment of postage;
(2) ``penalty cover'' means envelopes,
wrappers, labels, or cards used to transmit
penalty mail;
(3) ``frank'' means the autographic or
facsimile signature of persons authorized by
sections 3210-3216 and 3218 of this title to
transmit matter through the mail without
prepayment of postage or other indicia
contemplated by sections 733 and 907 of title
44;
(4) ``franked mail'' means mail which is
transmitted in the mail under a frank;
(5) ``Members of Congress'' includes
Senators, Representatives, Delegates, and
Resident Commissioners; and
(6) ``missing child'' has the meaning
provided by section 403(1) of the Juvenile
Justice and Delinquency Prevention Act of 1974.
(Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
751; Aug. 9, 1985, Pub. L. 99-87, Sec. 1(b), 99
Stat. 291.)
491
491 Sec. 3210. Franked mail transmitted by the Vice President,
Members of Congress, and congressional officials.
(a)(1) It is the policy of the Congress that the
privilege of sending mail as franked mail shall be
established under this section in order to assist and
expedite the conduct of the official business, activities,
and duties of the Congress of the United States.
(2) It is the intent of the Congress that such official
business, activities, and duties cover all matters which
directly or indirectly pertain to the legislative process or
to any congressional representative functions generally, or
to the functioning, working, or operating of the Congress
and the performance of official duties in connection
therewith, and shall include, but not be limited to, the
conveying of information to the public, and the requesting
of the views of the public, or the views and information of
other authority of government, as a guide or a means of
assistance in the performance of those functions.
(3) It is the intent of the Congress that mail matter
which is frankable specifically includes, but is not limited
to--
(A) mail matter to any person and to all
agencies and officials of Federal, State, and
local governments regarding programs, deci
[[Page 787]]
sions, and other related matters of public
concern or public service, including any matter
relating to actions of a past or current
Congress;
(B) the usual and customary congressional
newsletter or press release which may deal with
such matters as the impact of laws and decisions
on State and local governments and individual
citizens; reports on public and official actions
taken by Members of Congress; and discussions of
proposed or pending legislation or governmental
actions and the positions of the Members of
Congress on, and arguments for or against, such
matters;
(C) the usual and customary congressional
questionnaire seeking public opinion on any law,
pending or proposed legislation, public issue,
or subject;
(D) mail matter dispatched by a Member of
Congress between his Washington office and any
congressional district offices, or between his
district offices;
(E) mail matter directed by one Member of
Congress to another Member of Congress or to
representatives of the legislative bodies of
State and local governments;
(F) mail matter expressing congratulations
to a person who has achieved some public
distinction;
(G) mail matter, including general mass
mailings, which consist of Federal laws, Federal
regulations, other Federal publications,
publications purchased with Federal funds, or
publications containing items of general
information;
(H) mail matter which consists of voter
registration or election information or
assistance prepared and mailed in a nonpartisan
manner;
(I) mail matter which constitutes or
includes a biography or autobiography of any
Member of, or Member-elect to, Congress or any
biographical or autobiographical material
concerning such Member or Member-elect or the
spouse or other members of the family of such
Member or Member-elect, and which is so mailed
as a part of a Federal publication or in
response to a specific request therefor and is
not included for publicity purposes in a
newsletter or other general mass mailing of the
Member or Member-elect under the franking
privilege; or
(J) mail matter which contains a picture,
sketch, or other likeness of any Member or
Member-elect and which is so mailed as a part of
a Federal publication or in response to a
specific request therefor and, when contained in
a newsletter or other general mass mailing of
any Member or Member-elect, is not of such size,
or does not occur with such frequency in the
mail matter concerned, as to lead to the
conclusion that the purpose of such picture,
sketch, or likeness is to advertise the Member
or Member-elect rather than to illustrate
accompanying text.
(4) It is the intent of the Congress that the franking
privilege under this section shall not permit, and may not
be used for, the transmission through the mails as franked
mail, of matter which in its nature is purely personal to
the sender or to any other person and is unrelated
to the official business, activities, and duties of the
public officials covered by subsection (b)(1) of this
section.
[[Page 788]]
(5) It is the intent of the Congress that a Member of or
Member-elect to Congress may not mail as franked mail--
(A) mail matter which constitutes or
includes any article, account, sketch,
narration, or other text laudatory and
complimentary of any Member of, or Member-elect
to, Congress on a purely personal or political
basis rather than on the basis of performance of
official duties as a Member or on the basis of
activities as a Member-elect;
(B) mail matter which constitutes or
includes--
(i) greetings from the spouse or other
members of the family of such Member or
Member-elect, unless it is a brief reference
in otherwise frankable mail;
(ii) reports of how or when such Member
or Member-elect, or the spouse or any other
member of the family of such Member or
Member-elect, spends time other than in the
performance of, or in connection with, the
legislative, representative, and other
official functions of such Member or the
activities of such Member-elect as a Member-
elect; or
(iii) any card expressing holiday
greetings from such Member or Member-elect;
or
(C) mail matter which specifically solicits
political support for the sender or any other
person or any political party, or a vote or
financial assistance for any candidate for any
public office.
The House Commission on Congressional Mailing Standards and
the Select Committee on Standards and Conduct of the Senate
shall prescribe for their respective Houses such rules and
regulations and shall take such other action, as the
Commission or Committee considers necessary and proper for
the Members and Members-elect to conform to the provisions
of this clause and applicable rules and regulations. Such
rules and regulations shall include, but not be limited to,
provisions prescribing the time within which such mailings
shall be mailed at or delivered to any postal facility to
attain compliance with this clause and the time when such
mailings shall be deemed to have been so mailed or delivered
and such compliance attained.
(6)(A) It is the intent of Congress that a Member of, or
Member-elect to, Congress may not mail any mass mailing as
franked mail--
(i) if the mass mailing is mailed fewer than
60 days (or in the case of a Member of the
House, fewer than 90 days) immediately before
the date of any primary election or general
election (whether regular, special, or runoff)
in which the Member is a candidate for
reelection; or
(ii) in the case of a Member of, or Member-
elect to, the House who is a candidate for any
other public office, if the mass mailing--
(I) is prepared for delivery within any
portion of the jurisdiction of or the area
covered by the public office which is
outside the area constituting the
congressional district from which the Member
or Member-elect was elected; or
(II) is mailed fewer than 90 days
immediately before the date of any primary
election or general election (whether
regular, special, or runoff) in which the
Member or Member-elect is a candidate for
any other public office.
(B) Any mass mailing which is mailed by the chairman of
any organization referred to in the last sentence of section
3215 of this title which
[[Page 789]]
relates to the normal and regular business of the
organization may be mailed without regard to the provisions
of this paragraph.
(C) No Member of the Senate may mail any mass mailing as
franked mail if such mass mailing is mailed fewer than 60
days immediately before the date of any primary election or
general election (whether regular, special, or runoff) for
any national, State or local office in which such Member is
a candidate for election.
(D) The Select Committee on Ethics of the Senate and the
House Commission on Congressional Mailing Standards shall
prescribe for their respective Houses rules and regulations,
and shall take other action as the Committee or the
Commission considers necessary and proper for Members and
Members-elect to comply with the provisions of this
paragraph and applicable rules and regulations. The rules
and regulations shall include provisions prescribing the
time within which mailings shall be mailed at or delivered
to any postal facility and the time when the mailings shall
be deemed to have been mailed or delivered to comply with
the provisions of this paragraph.
(E) As used in this section, the term ``mass mailing''
means, with respect to a session of Congress, any mailing of
newsletters or other pieces of mail with substantially
identical content (whether such mail is deposited singly or
in bulk, or at the same time or different times), totaling
more than 500 pieces in that session, except that such term
does not include any mailing--
(i) of matter in direct response to a
communication from a person to whom the matter
is mailed;
(ii) from a Member of Congress to other
Members of Congress, or to Federal, State, or
local government officials; or
(iii) of a news release to the
communications media.
(F) For purposes of subparagraphs (A) and (C) if mail
matter is of a type which is not customarily postmarked, the
date on which such matter would have been postmarked if it
were of a type customarily postmarked shall apply.
(7) A Member of the House of Representatives may not
send any mass mailing outside the congressional district
from which the Member was elected.
(b)(1) The Vice President, each Member of or Member-
elect to Congress, the Secretary of the Senate, the Sergeant
at Arms of the Senate, each of the elected officers of the
House of Representatives (other than a Member of the House),
the Legislative Counsels of the House of Representatives and
the Senate, the Law Revision Counsel of the House of
Representatives, and the Senate Legal Counsel may send, as
franked mail, matter relating to their official business,
activities, and duties, as intended by Congress to be
mailable as franked mail under subsection (a) (2) and (3) of
this section.
(2) If a vacancy occurs in the Office of the Secretary
of the Senate, the Sergeant at Arms of the Senate, an
elected officer of the House of Representatives (other than
a Member of the House), the Legislative Counsel of the House
of Representatives or the Senate, the Law Revision Counsel
of the House of Representatives, or the Senate Legal Counsel
any authorized person may exercise the franking privilege in
the officer's name during the period of the vacancy.
(3) The Vice President, each Member of Congress, the
Secretary of the Senate, the Sergeant at Arms of the Senate,
and each of the elected
[[Page 790]]
officers of the House (other than a Member of the House),
during the 90-day period immediately following the date on
which they leave office, may send, as franked mail, matter
on official business relating to the closing of their
respective offices. The House Commission on Congressional
Mailing Standards and the Select Committee on Standards and
Conduct of the Senate \1\ shall prescribe for their
respective Houses such rules and regulations, and shall take
such other action as the Commission or Committee considers
necessary and proper, to carry out the provisions of this
paragraph.
\1\ Name changed to the Select Committee on Ethics by S.
Res. 4, 95-1, Feb. 4, 1977.
(c) Franked mail may be in any form appropriate for mail
matter, including, but not limited to, correspondence,
newsletters, questionnaires, recordings, facsimiles,
reprints, and reproductions. Franked mail shall not include
matter which is intended by Congress to be nonmailable as
franked mail under subsection (a) (4) and (5) of this
section.
(d)(1) A Member of the Congress may mail franked mail
with a simplified form of address for delivery within that
area constituting the congressional district or State from
which the Member was elected.
(2) A Member-elect to the Congress may mail franked mail
with a simplified form of address for delivery within that
area constituting the congressional district or State from
which he was elected.
(3) A Delegate, Delegate-elect, Resident Commissioner,
or Resident Commissioner-elect to the House of
Representatives may mail franked mail with a simplified form
of address for delivery within the area from which he was
elected.
(4) Any franked mail which is mailed under this
subsection shall be mailed at the equivalent rate of postage
which assures that the mail will be sent by the most
economical means practicable.
(5) The Senate Committee on Rules and Administration and
the House Commission on Congressional Mailing Standards
shall prescribe for their respective Houses rules and
regulations governing any franked mail which is mailed under
this subsection and shall by regulation limit the number of
such mailings allowed under this subsection.
(6)(A) Any Member of, or Member-elect to, the House of
Representatives entitled to make any mailing as franked mail
under this subsection shall, before making any mailing,
submit a sample or description of the mail matter involved
to the House Commission on Congressional Mailing Standards
for an advisory opinion as to whether the proposed mailing
is in compliance with the provisions of this subsection.
(B) The Senate Select Committee on Ethics may require
any Member of, or Member-elect to, the Senate entitled to
make any mailings as franked mail under this subsection to
submit a sample or description of the mail matter to the
Committee for an advisory opinion as to whether the proposed
mailing is in compliance with the provisions of this
subsection.
(7) Franked mail mailed with a simplified form of
address under this subsection--
(A) shall be prepared as directed by the
Postal Service; and
(B) may be delivered to--
(i) each box holder or family on a rural
or star route;
(ii) each post office box holder; and
(iii) each stop or box on a city carrier
route.
[[Page 791]]
(8) For the purposes of this subsection, a congressional
district includes, in the case of a Representative at Large
or Representative at Large-elect, the State from which he
was elected.
(e) The frankability of mail matter shall be determined
under the provisions of this section by the type and content
of the mail sent, or to be sent.
(f) Any mass mailing which otherwise would be permitted
to be mailed as franked mail under this section shall not be
so mailed unless the cost of preparing and printing the mail
matter is paid exclusively from funds appropriated by
Congress, except that an otherwise frankable mass mailing
may contain, as an enclosure or supplement, any public
service material which is purely instructional or
informational in nature, and which in content is frankable
under this section.
(g) Notwithstanding any other provision of Federal,
State, or local law, or any regulation thereunder, the
equivalent amount of postage determined under section 3216
of this title on franked mail mailed under the frank of the
Vice President or a Member of Congress, and the cost of
preparing or printing such frankable matter for such mailing
under the frank, shall not be considered as a contribution
to, or an expenditure by, the Vice President or a Member of
Congress for the purpose of determining any limitation on
expenditures or contributions with respect to any such
official, imposed by any Federal, State, or local law or
regulation, in connection with any campaign of such official
for election to any Federal office. (Aug. 12, 1970, Pub. L.
91-375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub. L. 92-51,
Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub. L. 93-191,
Sec. 1(a), 87 Stat. 737; Dec. 23, 1975, Pub. L. 94-177,
Sec. 1(b), 89 Stat. 1032; Oct. 26, 1978, Pub. L. 95-521,
Sec. 714(a), 92 Stat. 1884; Oct. 26, 1981, Pub. L. 97-69,
Secs. 1, 2, 3, 4, 95 Stat. 1041-1043; Sept. 24, 1982, Pub.
L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-163, Title
III, Sec. 318, Nov. 21, 1989, 103 Stat. 1068; Pub. L. 101-
520, Title III, Secs. 311(h)(1), 316, Nov. 5, 1990, 104
Stat. 2280, 2283; Pub. L. 102-392, Title III, Sec. 309(a),
Oct. 6, 1992, 106 Stat. 1722; Pub. L. 104-197, Title I,
Sec. 102(a), Sept. 16, 1996, 110 Stat. 2401.)
492
492 Sec. 3211. Public documents.
The Vice President, Members of Congress, the Secretary
of the Senate, the Sergeant at Arms of the Senate, each of
the elected officers of the House of Representatives (other
than a Member of the House) during the 90-day period
immediately following the expiration of their respective
terms of office, may send and receive as franked mail all
public documents printed by order of Congress. (Aug. 12,
1970, Pub. L. 91-375, Sec. 2, 84 Stat. 754; Dec. 18, 1973,
Pub. L. 93-191, Sec. 2, 87 Stat. 741; Oct. 26, 1981, Pub. L.
97-69, Sec. 5(a), 95 Stat. 1043.)
493
493 Sec. 3212. Congressional Record under frank of Members of
Congress.
(a) Members of Congress may send the Congressional
Record as franked mail.
(b) Members of Congress may send, as franked mail, any
part, of, or a reprint of any part of, the Congressional
Record, including speeches or reports contained therein, if
such matter is mailable as franked mail under section 3210
of this title. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84
Stat. 754; Dec. 18, 1973, Pub. L. 93-191, Sec. 3, 87 Stat.
741.)
[[Page 792]]
Cross Reference
For extracts from Congressional Record furnished Members
of Congress and the Resident Commissioner in envelopes ready
for mailing, see section 907 of title 44, United States Code
(Senate Manual section 657).
494
494 Sec. 3213. Seeds and reports from Department of Agriculture.
Seeds and agricultural reports emanating from the
Department of Agriculture may be mailed--
(1) as penalty mail by the Secretary of
Agriculture; and
(2) during the 90-day period immediately
following the expiration of their terms of
office, as franked mail by Members of Congress.
(Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
754; Oct. 26, 1981, Pub. L. 97-69, Sec. 5(b), 95
Stat. 1043.)
495
495 Sec. 3215. Lending or permitting use of frank unlawful.
A person entitled to use a frank may not lend it or
permit its use by any committee, organization, or
association, or permit its use by any person for the benefit
or use of any committee, organization, or association. This
section does not apply to any standing, select, special, or
joint committee, or subcommittee thereof, or commission, of
the Senate, House of Representatives, or Congress, composed
of Members of Congress, or to the Democratic caucus or the
Republican conference of the House of Representatives or of
the Senate. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
754; Dec. 18, 1973, Pub. L. 93-191, Sec. 10, 87 Stat. 746.)
496
496 Sec. 3216. Reimbursement for franked mailings.
(a) The equivalent of--
(1) postage on, and fees and charges in
connection with, mail matter sent through the
mails--
(A) under the franking privilege (other
than under section 3219 of this title), by
the Vice President, Members of and Members-
elect to Congress, the Secretary of the
Senate, the Sergeant at Arms of the Senate,
each of the elected officers of the House of
Representatives (other than a Member of the
House), the Legislative Counsels of the
House of Representatives and the Senate, the
Law Revision Counsel of the House of
Representatives, and the Senate Legal
Counsel; and
(B) by the survivors of a Member of
Congress under section 3218 of this title;
and
(2) those portions of fees and charges to be
paid for handling and delivery by the Postal
Service of Mailgrams considered as franked mail
under section 3219 of this title;
shall be paid by appropriation for the official mail costs
of the Senate and the House of Representatives for that
purpose and then paid to the Postal Service as postal
revenue. Except as to Mailgrams and except as provided by
sections 733 and 907 of title 44, envelopes, wrappers,
cards, or labels used to transmit franked mail shall bear,
in the upper right-hand corner, the sender's signature, or a
facsimile thereof.
(b) Postage on, and fees and charges in connection with,
mail matter sent through the mails under section 3214 of
this title shall be paid each fiscal year, out of any
appropriation made for that purpose, to the Postal Service
as postal revenue in an amount equivalent to the
[[Page 793]]
postage, fees, and charges which would otherwise be payable
on, or in connection with, such mail matter.
(c) Payment under subsection (a) or (b) of this section
shall be deemed payment for all matter mailed under the
frank and for all fees and charges due the Postal Service in
connection therewith.
(d) Money collected for matter improperly mailed under
the franking privilege shall be deposited as miscellaneous
receipts in the general fund of the Treasury.
(e)(1) Not later than two weeks after the last day of
each quarter of the fiscal year, or as soon as practicable
thereafter, the Postmaster General shall send to the Chief
Administrative Officer of the House of Representatives, the
House Commission on Congressional Mailing Standards, the
Secretary of the Senate, and the Senate Committee on Rules
and Administration a report which shall contain a tabulation
of the estimated number of pieces and costs of franked mail,
as defined in section 3201 of this title, in each mail
classification sent through the mail for the quarter and for
the preceding quarters in the fiscal year, together with
separate tabulations of the number of pieces and costs of
such mail sent by the House and by the Senate.
(2) Two weeks after the close of the second quarter of
the fiscal year, or as soon as practicable thereafter, the
Postmaster General shall send to the Chief Administrative
Officer of the House of Representatives, the House
Commission on Congressional Mailing Standards, the Committee
on House Oversight, the Secretary of the Senate, and the
Senate Committee on Rules and Administration, a statement of
the costs of postage on, and fees and charges in connection
with, mail matter sent through the mails as described in
subsection (1) of this section for the preceding two
quarters together with an estimate of such costs for the
balance of the fiscal year. As soon as practicable after
receipt of this statement, the House Commission on
Congressional Mailing Standards, the Committee on House
Oversight, and the Senate Committee on Rules and
Administration shall consider promulgating such regulations
for their respective Houses as may be necessary to ensure
that total postage costs, as described in subsection (1) of
this section, will not exceed the amounts available for the
fiscal year. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84
Stat. 754; July 9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat.
132; Dec. 18, 1973, Pub. L. 93-191, Sec. 7, 87 Stat. 745;
Mar. 27, 1974, Pub. L. 93-255, Sec. 2(a), 88 Stat. 52; Oct.
26, 1978, Pub. L. 95-521, Sec. 714(b), 92 Stat. 1884; Oct.
26, 1981, Pub. L. 97-69, Sec. 6(a), 95 Stat. 1043; Sept. 24,
1982, Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-
163, Title III, Sec. 316(b), formerly Sec. 316(c), Sec. 317,
Nov. 21, 1989, 103 Stat. 1067, renumbered Pub. L. 101-520,
Title III, Sec. 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280;
Pub. L. 102-90, Title III, Sec. 306, Aug. 14, 1991, 105
Stat. 466; Pub. L. 104-186, Title II, Sec. 220, Aug. 20,
1996, 110 Stat. 1748.)
496.1
496.1 Sec. 3218. Franked mail for survivors of Members of
Congress.
Upon the death of a Member of Congress during his term
of office, the surviving spouse of such Member (or, if there
is no surviving spouse, a member of the immediate family of
the Member designated by the Secretary of the Senate or the
Clerk of the House of Representatives, as appropriate, in
accordance with rules and procedures established by the
Secretary or the Clerk) may send, for a period not to exceed
180
[[Page 794]]
days after his death, as franked mail, nonpolitical
correspondence relating to the death of the Member. (Aug.
12, 1970, Pub. L. 91-375, Sec. 2,
84 Stat. 755; Dec. 18, 1973, Pub. L. 93-191, Sec. 11, 87
Stat. 746; Oct. 26, 1981, Pub. L. 97-69, Sec. 6 (b) and (c),
95 Stat. 1043.)
496.2
496.2 Sec. 3219. Mailgrams.
Any Mailgram sent by the Vice President, a Member of or
Member-elect to Congress, the Secretary of the Senate, the
Sergeant at Arms of the Senate, an elected officer of the
House of Representatives (other than a Member of the House),
the Legislative Counsel of the House of Representatives or
the Senate, the Law Revision Counsel of the House of
Representatives, or the Senate Legal Counsel, and then
delivered by the Postal Service, shall be considered as
franked mail, subject to section 3216(a)(2) of this title,
if such Mailgram contains matter of the kind authorized to
be sent by that official as franked mail under section 3210
of this title. (Added Dec. 18, 1973, Pub. L. 93-191,
Sec. 12, 87 Stat. 746; Oct. 26, 1978, Pub. L. 95-521,
Sec. 714(c), 92 Stat. 1884; Sept. 24, 1982, Pub. L. 97-263,
Sec. 1, 96 Stat. 1132.)
496.3
496.3 Sec. 3220. Use of official mail in the location and recovery
of missing children.
(a)(1) The Office of Juvenile Justice and Delinquency
Prevention, after consultation with appropriate public and
private agencies, shall prescribe general guidelines under
which penalty mail may be used to assist in the location and
recovery of missing children. The guidelines shall provide
information relating to--
(A) the form and manner in which materials
and information relating to missing children
(such as biographical data and pictures,
sketches, or other likenesses) may be included
in penalty mail;
(B) appropriate sources from which such
materials and information may be obtained;
(C) the procedures by which such materials
and information may be obtained; and
(D) any other matter which the Office
considers appropriate.
(2) Each executive department and independent
establishment of the Government of the United States shall
prescribe regulations under which penalty mail sent by such
department or establishment may be used in conformance with
the guidelines prescribed under paragraph (1).
(b) The Senate Committee on Rules and Administration and
the House Commission on Congressional Mailing Standards
shall prescribe for their respective Houses rules and
regulations, and shall take such other action as the
Committee or Commission considers necessary and proper, in
order that purposes similar to those of subsection (a) may,
in the discretion of the congressional official or office
concerned, be carried out by the use of franked mail sent by
such official or office.
(c) As used in this section, ``Office of Juvenile
Justice and Delinquency Prevention'' and ``Office'' each
means the Office of Juvenile Justice and Delinquency
Prevention within the Department of Justice, as established
by section 201 of the Juvenile Justice and Delinquency
Prevention Act of 1974. (Aug. 9, 1985, Pub. L. 99-87,
Sec. 1(a)(1), 99 Stat. 290.)
[[Page 795]]
497
497
Domestic Mail Manual Provisions Relating to the
Congressional Franking Privilege
Part E050--Official Mail (Franked)
1.0 Basic Information
1.1 Members of Congress. Official mail of Members of
Congress is sent without prepayment of postage and bears
instead a written or printed facsimile signature, or a
specified marking. Exhibit 1.1 shows what is accepted under
frank and who is authorized its use.
1.2 Former President and Spouse. Any former President of
the United States and any surviving spouse of a former
President may send nonpolitical mail as franked mail if it
bears the sender's written or facsimile signature and the
words ``Postage and Fees Paid'' in the upper right corner of
the address side.
1.3 Surviving Spouse of Member of Congress. When a Member
of Congress dies during the term of office, the Member's
surviving spouse may send correspondence relating to the
death without prepayment of postage, for a period not to
exceed 180 days after the death of the Member. The mail must
bear the sender's written or facsimile signature in the
upper right corner of the address side. If there is no
surviving spouse, this privilege may be exercised by an
immediate family member of the deceased Member of Congress
designated by the Secretary of the Senate or the Clerk of
the House of Representatives, as appropriate.
1.4 Use. A person entitled to use franked mail may not lend
this frank or permit its use by any committee, organization,
association, or other person. This restriction does not
apply to a committee of the Congress.
1.5 Criteria. Franked mail must be addressed to the
recipient by name, except under A040 and must meet the
mailability criteria in C010, C020, and C030, and the
physical standards for the class of mail being used.\1\
\1\ Part A040 describes alternative addressing formats.
Part C010 gives general mailability standards (such as
requisite dimensions, packaging, and containers). Part
C020 describes articles and substances prohibited
because they may be injurious to life, health or
property (such as liquor or firearms). Part C030 refers
to restricted forms of printed materials (such as
deceptive solicitations or sexually oriented
advertisements).
1.6 Handling. Franked mail is entitled to all special
services for which it is properly endorsed, and is handled
and forwarded as ordinary mail, except that after delivery
to the addressee, it may not be remailed.
1.7 Package to One Addressee. A person entitled to use
franked mail may send a package of franked mail to one
addressee, who may open the package and on behalf of such
person address the franked articles and mail them.
[[Page 796]]
Exhibit 1.1
----------------------------------------------------------------------------------------------------------------
User entitled Matter permitted Marking required Period authorized
----------------------------------------------------------------------------------------------------------------
Vice President of the United Public documents printed Public Document and the During 90 days
States, Members of Congress, by order of Congress. letters U.S.S. or M.C. immediately after
Resident Commissioners, must appear on address expiration of term of
Secretary of the Senate, side. office.
Sergeant at Arms of the Senate,
and each elected officer of the
House of Representatives (other
than Members of the House).
----------------------------------------------------------------------------------------------------------------
Members of Congress and Resident Congressional Record or Congressional Record or During term of office
Commissioners any part of it Part of Congressional only.
(including reprints of Record and U.S.S. or
any part, speech, or M.C. must appear on the
report contained in it) address side.
if for official
business, activities, or
duties.
----------------------------------------------------------------------------------------------------------------
Members of Congress Seed and agricultural Signature and title During 90 days
reports from Department (written or printed immediately after
of Agriculture. facsimile) of person expiration of term of
entitled to frank must office.
appear on address side.
----------------------------------------------------------------------------------------------------------------
Vice President of the United Official correspondence Mailgrams may be sent in During term of office
States, Members and Members- including Mailgrams standard Mailgram only. When position of
elect of Congress, Resident envelopes. For other Secretary, Sergeant at
Commissioners, Secretary of the correspondence, Arms, elected officer,
Senate, Sergeant at Arms of the signature and title Legislative Counsel,
Senate, each elected officer of (written or printed Law Revision Counsel,
the House of Representatives facsimile) of person or Senate Legal Counsel
(other than a Member of the entitled to frank must is vacant, privileges
House), Legislative Counsels of appear on address side. may be exercised in
the House of Representatives officer's name by
and the Senate, Law Revision authorized persons.
Counsel of the House of
Representatives, and Senate
Legal Counsel.
----------------------------------------------------------------------------------------------------------------
Vice President-elect All mail connected with Signature and title Until assumption of
preparation for (written or printed duties as Vice
assumption of official facsimile) of Vice President.
duties as Vice President. President-elect must
appear on address side.
----------------------------------------------------------------------------------------------------------------
Former Vice President, each Matter on official Signature and title During 90 days
former Member of Congress, business about closing (written or printed immediately after date
former Secretary of the Senate, of offices. facsimile) of person of leaving office.
former Sergeant at Arms of the entitled to frank must
Senate, each former elected appear on address side.
officer of the House (other
than a former Member of the
House), and each former
Delegate or Resident
Commissioner.
----------------------------------------------------------------------------------------------------------------
Former Speakers of the House Public documents, seeds, Signature and title For as long as the
and agricultural reports (written or printed former Speaker
from Department of facsimile) of former determines necessary.
Agriculture, official Speaker, or Mailgram or
correspondence including public document marking
Mailgrams. as shown above, must
appear on address side.
----------------------------------------------------------------------------------------------------------------
[[Page 797]]
TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Chapter 2.--CAPITOL BUILDING AND GROUNDS
500
500 Sec. 161. Title of Superintendent of Capitol Building and
Grounds changed to Architect of the Capitol.
The title of ``Superintendent of the Capitol Building
and Grounds'' is changed to ``Architect of the Capitol.''
(Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
501
501 Sec. 162. Architect of the Capitol; powers and duties.
The Architect of the Capitol shall perform all the
duties relative to the Capitol Building performed prior to
August 15, 1876, by the Commissioner of Public Buildings and
Grounds, and shall be appointed by the President: Provided,
That no change in the architectural features of the Capitol
Building or in the landscape features of the Capitol Grounds
shall be made except on plans to be approved by Congress.
(Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147; Feb. 14,
1902, ch. 17, Sec. 1, 32 Stat. 20; Mar. 3, 1921, ch. 124,
Sec. 1, 41 Stat. 1291.)
501.1
501.1 Sec. 162-1. Appointment of Architect of the Capitol.
(a)(1) The Architect of the Capitol shall be appointed
by the President by and with the advice and consent of the
Senate for a term of 10 years.
(2) There is established a commission to recommend
individuals to the President for appointment to the office
of Architect of the Capitol. The Commission shall be
composed of--
(A) the Speaker of the House of
Representatives,
(B) the President pro tempore of the Senate,
(C) the majority and minority leaders of the
House of Representatives and the Senate, and
(D) the chairmen and the ranking minority
members of the Committee on House Oversight of
the House of Representatives, the Committee on
Rules Administration of the Senate, the
Committee on Appropriations of the House of
Representatives, and the Committee on
Appropriations of the Senate.
The commission shall recommend at least three individuals
for appointment to such office.
(3) An individual appointed Architect of the Capitol
under paragraph (1) shall be eligible for reappointment to
such office.
(b) Subsection (a) of this section shall be effective in
the case of appointments made to fill vacancies in the
office of Architect of the Capitol which occur on or after
November 21, 1989. If no such vacancy occurs within the six-
year period which begins on November 21, 1989, no individual
may, after the expiration of such period, hold such office
unless the individual is appointed in accordance with
subsection (a). (Pub. L. 101-163, Title III, Sec. 319, Nov.
21, 1989, 103 Stat. 1068; Pub. L. 104-19, Sec. 701, July 27,
1995, 109 Stat. 220.)
[[Page 798]]
501.2
501.2 Sec. 162a. Compensation of Architect of Capitol.
The compensation of the Architect of the Capitol shall
be at an annual rate which is equal to the annual rate of
basic pay payable for positions at level III of the
Executive Schedule under section 5314 of Title 5. (Aug. 14,
1964, Pub. L. 88-426, Sec. 203(c), 78 Stat. 415; Dec. 16,
1967, Pub. L. 90-206, Sec. 219, 81 Stat. 639; Salary
Recommendations, Budget, 1970, pursuant to Act Dec. 16,
1967, Pub. L. 90-206, Sec. 225(h), 81 Stat. 634; August 9,
1975, Pub. L. 94-82, Title II, Sec. 204(b), 89 Stat. 421;
Dec. 14, 1979, Pub. L. 96-146, Sec. 1(1), 93 Stat. 1086.)
501.3
501.3 Sec. 162b. Semiannual report of expenditures by Architect of
Capitol.
(1) Commencing with the semiannual period beginning
January 1, 1965, and for each semiannual period thereafter,
the Architect of the Capitol shall compile and, not later
than sixty days following the close of the semiannual
period, submit to the Senate and the House of
Representatives a report of all expenditures made from
monies appropriated to the Architect of the Capitol, based
on payrolls and other vouchers transmitted during such
period to the Treasury Department for disbursement, such
report to include (1) the name, title, and gross salary
payment to each employee; (2) a list of government
contributions to retirement, health insurance, and other
similar funds; and (3) name of payee, brief description of
service rendered or items furnished under contract, purchase
order or other agreement. Such report shall be printed as a
Senate document.
(2) The report by the Architect of the Capitol under
paragraph (1) for the semiannual period beginning on January
1, 1976, shall include the period beginning on July 1, 1976,
and ending on September 30, 1976, and such semiannual period
shall be treated as closing on September 30, 1976.
Thereafter, the report by the Architect of the Capitol under
paragraph (1) shall be for the semiannual periods beginning
on October 1 and ending on March 31 and beginning on April 1
and ending on September 30 of each year. (As amended Pub. L.
94-303, Title I, Sec. 118(c), June 1, 1976, 90 Stat. 616.)
502
502 Sec. 163. Care and superintendence of Capitol by Architect
of Capitol.
The Architect of the Capitol shall have the care and
superintendence of the Capitol, including lighting. His
office shall be in the Capitol Building. (Aug. 15, 1876, ch.
287, Sec. 1, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat.
298; Oct. 31, 1951, ch. 654, Sec. 3(14), 65 Stat. 708.)
503
503 Sec. 163a. Exterior of Capitol, duty of Architect.
It shall be the duty of the Architect to clean and keep
in proper order the exterior of the Capitol. (July 7, 1884,
ch. 332, 23 Stat. 209.)
504
504 Sec. 163b. Delegation of authority by Architect of Capitol.
The Architect of the Capitol is authorized hereafter to
delegate to the Assistant Architect and other assistants
such authority of the Architect as he may deem proper. (Aug.
5, 1955, ch. 568, 69 Stat. 515.)
[[Page 799]]
505
505 Sec. 164a. Assistant Architect of Capitol to act in case of
absence, disability, or vacancy.
On and after August 18, 1970, the Assistant Architect of
the Capitol shall act as Architect of the Capitol during the
absence or disability of that official or whenever there is
no Architect. (Aug. 18, 1970, Pub. L. 91-382, Sec. 101, 84
Stat. 817; Pub. L. 101-163, Sec. 106(d), 103 Stat. 1057,
Nov. 21, 1989.)
506
506 Sec. 166. Architect of Capitol; repairs of Capitol.
All improvements, alterations, additions, and repairs of
the Capitol Building shall be made by the direction and
under the supervision of the Architect of the Capitol. (R.S.
Sec. 1816; Feb. 14, 1902, ch. 17, Sec. 1, 32 Stat. 20; Mar.
3, 1921, ch. 124, Sec. 1, 41 Stat. 1291; Oct. 31, 1951, ch.
654, Sec. 3(15), 65 Stat. 708.)
506.1
506.1 Extension, Reconstruction, and Replacement of Central
Portion of the United States Capitol
Section 101 of Act of August 5, 1955, as amended by the
Act of September 29, 1969, Pub. L. 91-77, 83 Stat. 124,
provides in part that:
``The Architect of the Capitol is hereby authorized,
under the direction of a Commission for Extension of the
United States Capitol, to be composed of the President of
the Senate, the Speaker of the House of Representatives, the
majority leader of the Senate, the majority leader of the
House of Representatives, the minority leader of the House
of Representatives, and the Architect of the Capitol, to
provide for the extension, reconstruction, and replacement
of the central portion of the United States Capitol in
substantial accordance with scheme B of the architectural
plan submitted by a joint commission of Congress and
reported to Congress on March 3, 1905 (House Document
numbered 385, Fifty-eighth Congress), but with such
modifications and additions, including provisions for
restaurant facilities, and such other facilities on the
Capitol Grounds, together with utilities, equipment,
approaches, and other appurtenant or necessary items, as may
be approved by said Commission.''
Cross Reference
Changes in architectural features of the Capitol
Building or in landscape features of Capitol Grounds, see
section 162 of this title (Senate Manual section 501).
Note
Section 305 of the Legislative Branch Appropriations
Act, 1993, provided that:
``Sec. 305. (a) The Architect of the Capitol, in
consultation with the heads of the agencies of the
legislative branch, shall develop an overall plan for
satisfying the telecommunications requirements of such
agencies, using a common system architecture for maximum
interconnection capability and engineering compatibility.
The plan shall be subject to joint approval by the Committee
on House Administration of the House of Representatives and
the Committee on Rules and Administration of the Senate,
and, upon approval, shall be communicated to the Committee
on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate. No part of any
appropriation in this Act or any other Act shall be used for
acquisition of any new or expanded telecommunications system
for an agency of the legislative branch, unless, as
determined by the Architect of the Capitol, the acquisition
is in conformance with the plan, as approved.
``(b) As used in this section--
``(1) the term ``agency of the legislative branch''
means, the Office of the Architect of the Capitol, the
Botanic Garden, the General Accounting Office, the
Government Printing Office, the Library of Congress, the
Office of Technology Assessment, and the Congressional
Budget Office; and
``(2) the term ``telecommunications system'' means an
electronic system for voice, data, or image
communication, including any associated cable and
switching equipment.''
[[Page 800]]
``(c) This section shall apply with respect to fiscal
years beginning after September 30, 1992.'' (Pub. L. 102-
392, Title III, Sec. 305, Oct. 6, 1992, 106 Stat. 1721.)
Note
Section 168 of the Energy Policy Act, 1992, provided
Energy Management Requirements for Congressional Buildings
as follows:
``(a) In general.--The Architect of the Capitol
(hereafter in this section [this note] referred to as the
`Architect') shall undertake a program of analysis and, as
necessary, retrofit of the Capitol Building, the Senate
Office Buildings, the House Office Buildings, and the
Capitol Grounds, in accordance with subsection (b).
``(b) Program.--
``(1) Lighting.--
``(A) Implementation.--
``(i) In general.--Not later than 18 months after the date of the enactment
of this Act [Oct. 24, 1992] and subject to the availability of funds to
carry out this section [this note], the Architect shall begin implementing
a program to replace in each building described in subsection (a) all
inefficient office and general use area fluorescent lighting systems with
systems that incorporate the best available design and technology and that
have payback periods of 10 years or less, as determined by using methods
and procedures established under section 544(a) of the National Energy and
Conservation Policy Act (42 U.S.C. 8254(a)).
``(ii) Replacement of incandescent lighting.--Whenever practicable in
office and general use areas, the Architect shall replace incandescent
lighting with efficient fluorescent lighting.
``(B) Completion.--Subject to the availability of funds to carry out this
section [this note], the program described in subparagraph (A) shall be
completed not later than 5 years after the date of the enactment of this
Act [Oct. 24, 1992].
``(2) Evaluation and report.--
``(A) In general.--Not later than 6 months after the date of the enactment
of this Act [Oct. 24, 1992], the Architect shall submit to the Speaker of
the House of Representatives and the President pro tempore of the Senate a
report evaluating potential energy conservation measures for each building
described in subsection (a) in the areas of heating, ventilation, air
conditioning equipment, insulation, windows, domestic hot water, food
service equipment, and automatic control equipment.
``(B) Costs.--The report submitted under subparagraph (A) shall detail the
projected installation cost, energy and cost savings, and payback period of
each energy conservation measure, as determined by using methods and
procedures established under section 544(a) of the National Energy
Conservation Policy Act (42 U.S.C. 8254(a)).
``(3) Review and approval of energy conservation
measures.--The Committee on Public Works and
Transportation of the House of Representatives and
the Committee on Rules and Administration of the
Senate shall review the energy conservation measures
identified in accordance with paragraph (2) and
shall approve any such measure before it may be
implemented.
``(4) Utility incentive programs.--In carrying
out this section [this note], the Architect is
authorized and encouraged to--
``(A) accept any rebate or other financial incentive offered through a
program for energy conservation or demand management of electricity, water,
or gas that--
``(i) is conducted by an electric, natural gas, or water utility;
``(ii) is generally available to customers of the utility; and
``(iii) provides for the adoption of energy efficiency technologies or
practices that the Architect determines are cost-effective for the
buildings described in subsection (a); and
``(B) enter into negotiations with electric and natural gas utilities to
design a special demand management and conservation incentive program to
address the unique needs of the buildings described in subsection (a).
``(5) Use of savings.--The Architect shall use
an amount equal to the rebate or other savings from
the financial incentive programs under paragraph
(4)(A), without additional authorization or
appropriation, for the implementation of
[[Page 801]]
additional energy and water conservation measures in
the buildings under the jurisdiction of the
Architect.
``(c) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section [this note].'' (Pub. L. 102-486,
Title I, Sec. 168, Oct. 24, 1992, 106 Stat. 2862.)
507
507 Sec. 166a. [Omitted.].
508.1
508.1 Sec. 166b-1a. Compensation of employees under Architect of
the Capitol; single per annum gross rates of pay.
Whenever the rate of pay of--
(1) an employee of the Office of Architect
of the Capitol;
or
(2) an employee of the House Restaurant or
of the Senate Restaurant, under the supervision
of the Architect of the Capitol as an agent of
the House or Senate, respectively, as the case
may be,
is fixed or adjusted on or after the effective date of this
section, that rate, as so fixed and adjusted, shall be a
single per annum gross rate. (Oct. 26, 1970, Pub. L. 91-510,
Sec. 481, 84 Stat. 1196.)
508.2
508.2 Sec. 166b-1b. Conversion by Architect of Capitol of existing
basic pay rates to per annum gross pay rates.
The Architect of the Capitol shall convert, as of the
effective date of this section, to a single per annum gross
rate, the rate of pay of each employee described in
subparagraph (1) or subparagraph (2) of section 166b-1a of
this title, whose pay immediately prior to such effective
date was fixed at a basic rate with respect to which
additional pay was payable by law. (Oct. 26, 1970, Pub. L.
91-510, Sec. 482, 84 Stat. 1196.)
508.3
508.3 Sec. 166b-1c. Obsolete references in existing law to basic
pay rates.
In any case in which--
(1) the rate of pay of, or any maximum or
minimum rate of pay with respect to--
(A) any employee described in
subparagraph (1) or subparagraph (2) of
section 166b-1a of this title, or
(B) the position of such employee, or
(C) any class or group of such employees
or positions, is referred to in or provided
by statute or other authority;
and
(2) the rate so referred to or provided is a
basic rate with respect to which additional pay
is provided by law;
such statutory provision or authority shall be deemed to
refer, in lieu of such basic rate, to the per annum gross
rate which an employee receiving such basic rate immediately
prior to the effective date of this section would receive,
without regard to such statutory provision or authority,
under section 166b-1b of this title on and after such date.
(Oct. 26, 1970, Pub. L. 91-510, Sec. 483, 84 Stat. 1196.)
508.4
508.4 Sec. 166b-1d. Savings provisions.
The provisions of sections 166b-1a to 166b-1f of this
title shall not be construed to--
(1) limit or otherwise affect any authority
for the making of any appointment to, or for
fixing or adjusting the pay for, the position
[[Page 802]]
of any employee described in subparagraph (1) or
subparagraph (2) of section 166b-1a of this
title;
(2) affect the continuity of employment of,
or reduce the pay of, any employee holding any
position referred to in subparagraph (1) of this
section; or
(3) modify, change, supersede, or otherwise
affect the provisions of sections 5504 and
6101(a)(5) of title 5, insofar as such sections
relate to the Office of the Architect of the
Capitol. (Oct. 26, 1970, Pub. L. 91-510,
Sec. 484, 84 Stat. 1197.)
508.5
508.5 Sec. 166b-1e. Effect on existing law.
(a) All provisions of law inconsistent with sections
166b-1a to 166b-1f of this title are hereby superseded to
the extent of the inconsistency.
(b) Sections 5504 and 6101(a)(5) of title 5 shall apply
to employees of the House and Senate Restaurants who are
paid at per annum rates of pay as long as such employees are
under the supervision of the Architect of the Capitol as an
agent of the House or Senate, respectively, as the case may
be. (Oct. 26, 1970, Pub. L. 91-510, Sec. 485, 84 Stat.
1197.)
508.6
508.6 Sec. 166b-1f. Exemptions.
Notwithstanding any other provision of sections 166b-1a
to 166b-1f of this title, the foregoing provisions of such
sections do not apply to any employee described in section
166b-1a of this title whose pay is fixed and adjusted--
(1) in accordance with chapter 51, and
subchapter III of chapter 53, of title 5,
relating to classification and General Schedule
pay rates;
(2) in accordance with subchapter IV of
chapter 53 of title 5, relating to prevailing
rate pay systems;
(3) at per hour or per diem rates in
accordance with section 3 of the Legislative Pay
Act of 1929, as amended (46 Stat. 38; 55 Stat.
615), relating to employees performing
professional and technical services for the
Architect of the Capitol in connection with
construction projects and employees under the
Office of the Architect of the Capitol whose
tenure of employment is temporary or of
uncertain duration; or
(4) in accordance with prevailing rates
under authority of sections 174j-1 to 174j-7 of
this title entitled ``Joint Resolution
transferring the management of the Senate
Restaurants to the Architect of the Capitol, and
for other purposes'', or section 174k of this
title, relating to the duties of the Architect
of the Capitol with respect to the House of
Representatives Restaurant. (Oct. 26, 1970, Pub.
L. 91-510, Sec. 486, 84 Stat. 1197.)
509
509 Sec. 166b-2. Registered nurses compensated under
appropriations for Capitol Buildings, Senate Office
Buildings, and House Office Buildings; allocation to
General Schedule salary grade.
Notwithstanding any other provision of law, effective on
the first day of the first applicable pay period which
begins on or after December 27, 1974, the positions of
registered nurses compensated under appropriations for
Capitol Buildings, Senate Office Buildings, and House Office
Buildings shall be allocated by the Architect of the Capitol
at not to exceed grade 12 of the General Schedule.
[[Page 803]]
Notwithstanding any other provision of law, effective
January 1, 1975, none of the funds appropriated to the
Architect of the Capitol shall thereafter be available for
any nursing position unless the position is occupied by a
Registered Nurse: Provided, That such provision shall not be
applicable to the present incumbents of such positions.
(June 20, 1958, Pub. L. 85-462, 72 Stat. 208; Dec. 27, 1974,
Pub. L. 93-554, Sec. 101, 88 Stat. 1777; Pub. L. 101-520,
Sec. 109, Nov. 5, 1990, 104 Stat. 2269; Pub. L. 103-283,
Title I, Sec. 103, July 22, 1994, 108 Stat. 1435.)
509.1
509.1 Sec. 166b-3a. Compensation of certain positions in Office of
Architect of Capitol.
(a) Amount of compensation to be that specified in
appropriations Acts.
Notwithstanding any other provision of law, the pay for
positions described in subsection (b) shall be the amounts
specified for such positions in appropriations Acts.
(b) Positions covered.
The positions referred to in subsection (a) of this
section are--
(1) the position of assistant referred to in
the proviso in the first undesignated paragraph
under the center subheadings ``Office of the
Architect of the Capitol'' and ``salaries'' in
the first section of the Legislative Branch
Appropriation Act, 1971 (40 U.S.C. 164a), and
(2) the eight positions provided for in the
third and fourth undesignated paragraphs under
the center subheadings ``Office of the Architect
of the Capitol'' and ``salaries'' in the first
section of the Legislative Branch Appropriation
Act, 1960 (40 U.S.C. 166b-3).
(c) Calculation of amounts.
The pay for each position described in subsection (b)
shall be the pay payable for such position with respect to
the last pay period before this section takes effect,
subject to any applicable adjustment during fiscal year 1988
under, or by reference to any applicable adjustment during
fiscal year 1988 under, subchapter I of chapter 53 of title
5.
(d) Effective date.
This section shall apply in fiscal years beginning after
September 30, 1987, with respect to pay periods beginning
after December 22, 1987. (Pub. L. 100-202, Sec. 101(i)
[Title III, Sec. 308], Dec. 22, 1987, 101 Stat. 1329-309;
Pub. L. 101-163, Title I, Sec. 106(e), Nov. 21, 1989, 103
Stat. 1057.)
509.2
509.2 Sec. 166b-6. Assignment and reassignment of personnel by
Architect of the Capitol for personal services.
Notwithstanding any other provisions of law, in order to
improve the economic use of the personal services of his
employees, the Architect of the Capitol is authorized
hereafter to assign and reassign, without increase or
decrease in basic salary or wages, any person on the
employment rolls of his Office, for personal services in any
buildings, facilities or grounds under his jurisdiction or
for personal services in connection with any project under
his jurisdiction for which appropriations have been made and
are available, whenever such action, in his opinion,
[[Page 804]]
will be most advantageous to the interest of or result in
either specific or overall savings to the Government.
Exceptions may be made where there are differences in
equipment. No assignment or reassignment of personnel by the
Architect of the Capitol pursuant to this provision shall
operate in any respect to augment or decrease any general or
specific appropriation. (Pub. L. 100-202, Sec. 106, Dec. 22,
1987, 101 Stat. 1329-433.)
Note
Sections 104 and 105 of Pub. L. 100-458, Oct. 1, 1988,
(102 Stat. 2171), provided that:
``Sec. 104. Notwithstanding any other provisions of law,
the Architect of the Capitol is hereby authorized to (1)
develop a pilot program to determine the economic
feasibility and efficiency of centralizing certain
maintenance functions, to assign and reassign, without
increase or decrease in basic salary or wages, any person on
the employment rolls of the Office of the Architect of the
Capitol, for personal services in any buildings, facilities,
or grounds under his jurisdiction for which appropriations
have been made and are available; (2) maintain appropriate
cost and productivity records for the program; and (3)
report to appropriate authorities, including the Committees
on Appropriations, on the results of the program, together
with recommendations for continuation or expansion of the
program.
``Sec. 105. The Architect of the Capitol, under the
direction of the Joint Committee on the Library, is
authorized to accept donations to restore and display the
Statue of Freedom model.''.
510
510 Sec. 168. Heating and ventilating Senate wing.
All engineers and others who are engaged in heating and
ventilating the Senate wing of the Capitol shall be subject
to the orders and in all respects under the direction of the
Architect of the Capitol, subject to the approval of the
Senate Committee on Rules and Administration. (July 11,
1888, ch. 615, Sec. 1, 25 Stat. 258; Aug. 2, 1946, ch. 753,
Secs. 102, 224, 60 Stat. 814, 838.)
511
511 Sec. 170. Purchase of furniture or carpets for House or
Senate.
No furniture or carpets for either House shall be
purchased without the written order of the chairman of the
Committee on Rules and Administration, for the Senate, or
without the written order of the chairman of the Committee
on House Oversight of the House of Representatives, for the
House of Representatives. (R.S. Sec. 1816; Aug. 2, 1946, ch.
753, Secs. 102, 121, 224, 60 Stat. 814, 822, 838; Aug. 20,
1996, Pub. L. 104-186, Title II, Sec. 221(2), 110 Stat.
1748.)
511.1
511.1 (Transferred)
Note
This section transferred to 2 U.S.C. Sec. 117b-1.
(Senate Manual section 300.)
512
512 Sec. 174b. Senate Office Building; approval of structural
changes by Architect of Capitol.
Structural changes in the Senate Office Building \1\
shall only be made with the approval of the Architect of the
Capitol. (July 1, 1941, ch. 268, Sec. 1, 55 Stat. 458.)
\1\See Senate Manual sections 79.8, 79.9.
[[Page 805]]
513
513 Sec. 174b-1. Additional Senate office building.
Upon completion of the additional office building \1\
for the United States Senate, the building and the grounds
and sidewalks surrounding the same shall be subject to the
provisions of sections 174c, 174d, 193a--193m, 212a, and
212b of this title, in the same manner and to the same
extent as the present Senate Office Building\1\ and the
grounds and sidewalks surrounding the same. (June 25, 1948,
ch. 658, Sec. 1, 62 Stat. 1029.)
513.1
513.1 Extension of Additional Senate Office Building Site
To enable the Architect of the Capitol, under the
direction of the Senate Office Building Commission, to
acquire on behalf of the United States, by purchase,
condemnation, transfer, or otherwise, in addition to the
real property contained in square 724 in the District of
Columbia heretofore acquired under Public Law 85-429,
approved May 29, 1958 (72 Stat. 148-149), and Public Law 91-
382, approved August 18, 1970 (84 Stat. 819), for purposes
of further extension of such site or for additions to the
United States Capitol Grounds, all publicly or privately
owned real property contained in lot 18 in square 724 in the
District of Columbia, as such square appears on the records
in the Office of the Surveyor of the District of Columbia as
of the date of the approval of this Act: Provided, That for
the purposes of this Act, square 724 shall be deemed to
extent to the outer face of the curbs surrounding such
square: Provided further, That, upon acquisition of any real
property under this Act, the jurisdiction of the Capitol
Police shall extend over such property: Provided further,
That, any proceeding for condemnation brought under this Act
shall be conducted in accordance with the Act of December
23, 1963 (16 D.C. Code, secs. 1351-1368): Provided further,
That upon acquisition of any real property pursuant to this
Act, the Architect of the Capitol, when directed by the
Senate Office Building Commission to so act, is authorized
to provide for the demolition and/or removal of any
structures on, or constituting a part of, such property and
to use the property for Government purposes or to lease any
or all of such property for such periods and under such
terms and conditions as he may deem most advantageous to the
United States and to incur any necessary expenses in
connection therewith: Provided further, That, such real
property, when acquired under authority of this Act, shall
be subject to the provisions of the Act of July 31, 1946, as
amended (40 U.S.C. 193a-193m, 212a, and 212b): Provided
further, That, the Architect of the Capitol, under the
direction of the Senate Office Building Commission, is
authorized to enter into contracts and to make such
expenditures, including expenditures for personal and other
services, expenditures authorized by Public Law 91-646,
approved January 2, 1971 (84 Stat. 1894-1907), applicable to
the Architect of the Capitol, and expenditures for any other
required items, as may be necessary to carry out the
provisions of the appropriation; $270,000, to remain
available until expended. (Dec. 15, 1971, Pub. L. 92-184, 85
Stat. 637.)
513.2
513.2 Construction of an Extension to the New Senate Office
Building\1\
To enable the Architect of the Capitol, under the
direction of the Senate Office Building Commission, to
provide for the construction and equipment of an extension
to the New Senate Office Building,\1\ in accordance with
plans approved by such Commission and by the Senate
Committee on Public Works, on the east half of square 725
including the public alley separating the east and west
halves of such square, but excluding lot 885 in such square,
containing office rooms and such other rooms and
accommodations as may be approved by the Senate Office
Building Commission, and by the Senate Committee on Public
Works, including structural and other changes in the
existing new Senate Office Building \1\ necessitated by such
construction, together with approaches, connections with the
Capitol Power Plant and public utilities, and architectural
landscape treatment of the grounds: Provided, That upon
completion of the project, the building and the grounds and
sidewalks surrounding the same shall be subject to the
provisions of the Act of June 8, 1942 (40 U.S.C. 174 (c) and
(d)), and the Act of July 31, 1946 (40 U.S.C. 193a-193m,
212a and 212b) in the same manner and to the same extent as
the present Senate Office Buildings and the grounds and
[[Page 806]]
sidewalks surrounding the same: Provided further, That
during each fiscal year, the Senate Committee on Public
Works shall examine the progress and costs of construction
of such building and take such steps as are necessary to
insure its economical construction: Provided further, That
the Architect of the Capitol, under the direction of the
Senate Office Building Commission, is authorized and
directed to enter into such contracts, incur such
obligations, and make such expenditures, including
expenditures for personal and other services, as may be
necessary to carry out the provisions of this paragraph;
$47,925,000, to remain available until expended.
513.3
513.3 Acquisition of Property as a Site for Parking Facilities for
the United States Senate
To enable the Architect of the Capitol, under the
direction of the Senate Office Building Commission, in
addition to the real property contained in square 724 in the
District of Columbia heretofore acquired under Public Law
85-429, approved May 29, 1958 (72 Stat. 148-149), Public Law
91-382, approved August 18, 1970 (84 Stat. 819), and Public
Law 92-184, approved December 15, 1971 (85 Stat. 637), to
acquire on behalf of the United States, by purchase,
condemnation, transfer, or otherwise, as a site for parking
facilities for the United States Senate, all publicly or
privately owned real property contained in lots 79, 80, 86,
94, 805, 806, 833, 838, 839, 840, and 844 in square 724 in
the District of Columbia, and all alleys or parts of alleys
and streets contained within the curblines surrounding such
square, as such square appears on the records in the office
of the surveyor of the District of Columbia as of the date
of the approval of this Act: Provided, That for the purposes
of this paragraph, square 724 shall be deemed to extend to
the outer face of the curbs surrounding such square:
Provided further, That, upon acquisition of any real
property under this paragraph, the jurisdiction of the
Capitol Police shall extend over such property, and any
property acquired under this paragraph shall become a part
of the United States Capitol Grounds and be subject to the
provisions of sections 193a-193m, 212a, and 212b of title
40, United States Code: Provided further, That any
proceeding for condemnation brought under this paragraph
shall be conducted in accordance with the Act of December
23, 1963 (16 D.C. Code secs. 1351-1368): Provided further,
That, notwithstanding any other provision of law, any real
property owned by the United States and any public alleys or
parts of alleys and streets contained within the curblines
surrounding square 724, shall, upon request of the Architect
of the Capitol, made with the approval of the Senate Office
Building Commission, be transferred to the jurisdiction and
control of the Architect of the Capitol without
reimbursement or transfer of funds, and any alleys or parts
of alleys or streets contained within the curblines of said
square shall be closed and vacated by the Commissioner of
the District of Columbia, appointed pursuant to part III of
Reorganization Plan Numbered 3 of 1967, in accordance with
any request therefore made by the Architect of the Capitol
with the approval of such Commission: Provided further,
That, upon acquisition of any real property pursuant to this
paragraph, the Architect of the Capitol, when directed by
the Senate Office Building Commission to so act, is
authorized to provide for the demolition and/or removal of
any buildings or other structures on, or constituting a part
of, such property and, pending demolition, to use the
property for Government purposes or to lease any or all of
such property for such periods and under such terms and
conditions as he may deem most advantageous to the United
States and to incur any necessary expenses in connection
therewith: Provided further, That nothing herein shall be
construed to prohibit the continued use of areas in square
724, acquired under authority of the Acts of May 29, 1958,
August 18, 1970, and December 15, 1971, herein before cited,
for the parking of automobiles, until such times as such
areas may be required for construction purposes: Provided
further, That the Architect of the Capitol, under the
direction of Senate Office Building Commission, is
authorized to enter into such contracts, incur such
obligations, and make such expenditures, including
expenditures for personal and other services, and
expenditures authorized by Public Law 91-646, approved
January 2, 1971 (84 Stat. 1894-1907) applicable to the
Architect of the Capitol, as may be necessary to carry out
the provisions of this paragraph; $4,075,000, to remain
available until expended.
[[Page 807]]
513.4
513.4 Plans for Garage and Related Facilities for the United
States Senate
To enable the Architect of the Capitol to initiate and
conduct a study, after consultation with the appropriate
Federal agencies and individuals experienced in the design
of vehicle parking structures, to explore design and cost
alternatives for construction, on square 724, of a parking
garage with limited commercial facilities, and report his
preliminary findings and recommendations to the Senate
Committee on Public Works: Provided, That the Architect of
the Capitol, concurrently with such study, is authorized to
establish, for the purpose of development of a basic concept
therefor, an architectural design competition, in order to
encourage the preparation of an imaginative design for the
garage structure, including limited commercial facilities
and landscaping and to assure a pleasant transition to and
maximum coordination with the surrounding residential and
commercial community in that area of Northeast Washington
within sight of or adjoining the Capitol Grounds: Provided
further, That such design concept may consider and include
existing and future land use and structures in said
surrounding community, and shall consider any existing model
cities or other governmental planning for such Northeast
area, including that of the National Capitol Planning
Commission: Provided further, That guidelines and criteria
specifically defining the limits, scope, and all aspects of
the competition shall be developed and promulgated by the
Architect of the Capitol, with the approval of the Senate
Office Building Commission, and an award for the best design
or designs shall be determined by a committee jointly
designated for this purpose by the Architect of the Capitol
and the Senate Office Building Commission, in such amount as
they may deem to be appropriate: Provided further, That the
Architect of the Capitol, under the direction of the Senate
Office Building Commission, is authorized and directed to
enter into such contracts, incur such obligations, and make
such expenditures, including expenditures for personal and
other services, as may be necessary to carry out the
provisions of this paragraph; $50,000, to remain available
until expended. (Oct. 31, 1972, Pub. L. 92-607, 86 Stat.
1510.)
513.5
513.5 City Post Office Building; Leased Property as Part of Senate
Office Buildings
(a) Notwithstanding any other provision of law, the
Architect of the Capitol, subject to the approval of the
Committee on Rules and Administration, is authorized to
lease, for use by the United States Senate, and for such
other purposes as such committee may approve, 150,000 square
feet of space, more or less, in the property located at 2
Massachusetts Avenue, N.E., Washington, District of
Columbia, known as the City Post Office Building: Provided,
That rental payments shall be paid from the account
`Architect of the Capitol, Senate Office Buildings' upon
vouchers approved by the Architect of the Capitol: Provided
further, That nothing in this section shall be construed so
as to obligate the Senate or any of its Members, officers,
or employees to enter into any such lease or to imply any
obligation to enter into any such lease.
(b) Notwithstanding any other provision of law, property
leased under authority of subsection (a) shall be maintained
by the Architect of the Capitol as part of the `Senate
Office Buildings' subject to the laws, rules, and
regulations governing such buildings, and the Architect is
authorized to incur such expenses as may be necessary to
provide for such occupancy.
(c) There is hereby authorized to be appropriated to the
`Architect of the Capitol, Senate Office Buildings' such
sums as may be necessary to carry out the provisions of
subsections (a) and (b).
(d) There is authorized to be appropriated to the
Sergeant at Arms of the United States Senate such sums as
may be necessary to provide for the planning and relocation
of offices and equipment to the property described in
subsection (a), subject to direction by the Committee on
Rules and Administration.
(e) The authority under this section shall continue
until otherwise provided by law. (Pub. L. 101-520, Title I.
Sec. 107, Nov. 5, 1990, 104 Stat. 2267.)
513.6
513.6 Acquisition of Property For Use as Residential Facility For
United States Senate Pages
(a) Acquisition of property.--The Architect of the
Capitol, under the direction of the Senate Committee on
Rules and Administration, may acquire, on behalf of the
United States Government, by purchase, condemnation,
transfer or other
[[Page 808]]
wise, as an addition to the United States Capitol Grounds,
all publicly and privately owned real property in lots 34
and 35 in square 758 in the District of Columbia as those
lots appear on the records in the Office of the Surveyor of
the District of Columbia as the date of the enactment of
this Act [Aug. 3, 1992], extending to the outer face of the
curbs of the square in which such lots are located and
including all alleys or parts of alleys and streets within
the lot lines and curb lines surrounding such real property,
together with all improvements thereon.
(b) United States Capitol Grounds and Buildings.--
Immediately upon the acquisition by the Architect of the
Capitol, on behalf of the United States, of the real
property, and the improvements thereon, as provided under
subsection (a), the real property acquired shall be a part
of the United States Capitol Grounds, and the improvements
on such real property shall be a part of the Senate Office
Buildings. Such real property and improvements shall be
subject to the Act of July 31, 1946 (40 U.S.C. 193a et seq.)
[sections 193a to 193m, 212a, 212a-2 and 212b of this title
and provisions set out as notes under sections 193a and 193h
of this title], and the Act of June 8, 1942 (40 U.S.C. 174c)
[sections 174c and 174d of this title].
(c) Building codes.--The real property and improvements
acquired in accordance with subsection (a) shall be repaired
and altered, to the maximum extent feasible as determined by
the Architect of the Capitol, in accordance with a
nationally recognized model building code, and other
applicable nationally recognized codes (including electrical
codes, fire and life safety codes, and plumbing codes, as
determined by the Architect of the Capitol), using the most
current edition of the nationally recognized codes referred
to in this subsection.
(d) Repairs; expenditures.--The Architect of the Capitol
is authorized, without regard to the provisions of section
3709 of the Revised Statutes of the United States [section 5
of Title 41, Public Contracts], to enter into contracts and
to make expenditures for necessary repairs to, and
refurbishment of, the real property and the improvements on
such real property acquired in accordance with subsection
(a), including expenditures for personal and other services
as may be necessary to carry out the purposes of this Act
[this note]. In no event shall the aggregate value of
contracts and expenditures under this subsection exceed an
amount equal to that authorized to be appropriated pursuant
to subsection (e).
(e) Authorization.--There is authorized to be
appropriated to the account under the heading ``Architect of
the Capitol'' and the subheadings ``Capitol Buildings and
Grounds'' and ``Senate Office Buildings'', $2,000,000 for
carrying out the purposes of this Act [this note]. Moneys
appropriated pursuant to this authorization may remain
available until expended.
(f) Use of property.--The real property, and
improvements thereon, acquired in accordance with subsection
(a) shall be available to the Sergeant at Arms and
Doorkeeper of the Senate for use as a residential facility
for United States Senate Pages, and for such other purposes
as the Senate Committee on Rules and Administration may
provide. (Pub. L. 102-330, Aug. 3, 1992, 106 Stat 849.)
514
514 Sec. 174c. Control, care, and supervision of Senate office
building.
The Senate Office Building,\1\ and the employment of all
services (other than for officers and privates of the
Capitol Police) necessary for its protection, care, and
occupancy, together with all other items that may be
appropriated for by the Congress for such purposes, shall be
under the control and supervision of the Architect of the
Capitol, subject to the approval of the Senate Committee on
Rules and Administration as to matters of general policy;
and the Architect of the Capitol shall submit annually to
the Congress estimates in detail for all services (other
than for officers and privates of the Capitol Police) and
for all other expenses in connection with said office
building and necessary for its protection, care, and
occupancy. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343;
Aug. 2, 1946, ch. 753, Secs. 102, 224, 60 Stat. 814, 838.)
\1\See Senate Manual sections 79.8, 79.9.
[[Page 809]]
515
515 Sec. 174d. Assignment of space in Senate office building.
The assignment of rooms and other space in the Senate
Office Building \1\ shall be under the direction and control
of the Senate Committee on Rules and Administration and
shall not be a part of the duties of the Architect of the
Capitol. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343; Aug.
2, 1946, ch. 753, Secs. 102, 224, 60 Stat. 814, 838.)
\1\ See Senate Manual sections 79.8, 79.9
516
516 Sec. 174d-1. Assignment of space for meetings of joint
committees, conference committees, etc.
The President pro tempore of the Senate and the Speaker
of the House of Representatives shall cause a survey to be
made of available space within the Capitol which could be
utilized for joint committee meetings, meetings of
conference committees, and other meetings, requiring the
attendance of both Senators and Members of the House of
Representatives; and shall recommend the reassignment of
such space to accommodate such meetings. (Aug. 2, 1946, ch.
753, Sec. 242, 60 Stat. 839.)
517
517 Sec. 174e. Certification of vouchers by Architect of
Capitol.
It shall not be a duty of the Architect of the Capitol
to certify any payroll or other voucher covering any
expenditure from any appropriation for the Senate Office
Building, or for any other building or activity, unless the
obligation involved was incurred by him or under his
direction. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343.)
518
518 Sec. 174j-1. Senate Restaurants; management by Architect of
Capitol; approval of matters of general policy;
termination.
Effective August 1, 1961, the management of the Senate
Restaurants and all matters connected therewith, heretofore
under the direction of the Senate Committee on Rules and
Administration, shall be under the direction of the
Architect of the Capitol under such rules and regulations as
the Architect may prescribe for the operation and the
employment of necessary assistance for the conduct of said
restaurants by such business methods as may produce the best
results consistent with economical and modern management,
subject to the approval of the Senate Committee on Rules and
Administration as to matters of general policy: Provided,
That the management of the Senate Restaurant by the
Architect of the Capitol shall cease and the restaurants
revert from the jurisdiction of the Architect of the Capitol
to the jurisdiction of the Senate Committee on Rules and
Administration upon adoption by that committee of a
resolution ordering such transfer of jurisdiction at any
time hereafter. (Pub. L. 87-82, Sec. 1, July 6, 1961, 75
Stat. 199.)
Note
Section 5 of the Legislative Branch Appropriations Act,
1989, provided:
``Sec. 5. The Committee on Rules and Administration of
the Senate may provide for the distribution of unused food
from the Senate cafeterias under the jurisdiction of the
committee to the needy of the District of Columbia through
an appropriate private distribution organization selected by
the committee.'' (Pub. L. 100-458, Sec. 5, Oct. 1, 1988, 102
Stat. 2161.)
[[Page 810]]
518.1
518.1 [Omitted.]
518.2
518.2 Sec. 174j-3. Authorization and direction to effectuate
purposes of sections 174j-1 to 174j-7 of this title
The Architect of the Capitol is authorized and directed
to carry into effect for the United States Senate the
provisions of sections 174j-1 to 174j-7 of this title and to
exercise the authorities contained herein, and any
resolution of the Senate amendatory hereof or supplementary
hereto hereafter adopted. Such authority and direction shall
continue until the United States Senate shall by resolution
otherwise order, or until the Senate Committee on Rules and
Administration shall by resolution order the restaurants to
be returned to the committee's jurisdiction. (Pub. L. 87-82,
Sec. 3, July 6, 1961, 75 Stat. 199.)
518.3
518.3 Sec. 174j-4. Special deposit account; establishment;
appropriations; approval of payments.
There is established with the Treasurer of the United
States a special deposit account in the name of the
Architect of the Capitol for the United States Senate
Restaurants, into which shall be deposited all sums received
pursuant to sections 174j-1 to 174j-7 of this title or any
amendatory or supplementary resolutions hereafter adopted
and from the operations thereunder and from which shall be
disbursed the sums necessary in connection with the exercise
of the duties required under section 174j-1 to 174j-7 of
this title or any amendatory or supplementary resolutions
and the operations thereunder. Any amounts appropriated for
fiscal year 1973 and thereafter from the Treasury of the
United States, which shall be part of a ``Contingent
Expenses of the Senate'' item for the particular fiscal year
involved, shall be paid to the Architect of the Capitol by
the Secretary of the Senate at such times and in such sums
as the Senate Committee on Rules and Administration may
approve. Any such payment shall be deposited by the
Architect in full under such special deposit account. (July
6, 1961, Pub. L. 87-82, Sec. 4, 75 Stat. 199; July 9, 1971,
Pub. L. 92-51, Sec. 101, 85 Stat. 129; July 10, 1972, Pub.
L. 92-342, Sec. 101, 86 Stat. 435.)
518.4
518.4 Sec. 174j-5. Deposits and disbursements under special
deposit account.
Deposits and disbursements under such special deposit
account (1) shall be made by the Architect, or, when
directed by him, by such employees of the Architect as he
may designate, and (2) shall be subject to audit by the
General Accounting Office at such times and in such manner
as the Comptroller General may direct: Provided, That
payments made by or under direction of the Architect of the
Capitol from such special deposit account shall be
conclusive upon all officers of the Government. (Pub. L. 87-
82, Sec. 5, July 6, 1961, 75 Stat. 200.)
518.5
518.5 Sec. 174j-6. Bond of Architect, Assistant Architect, and
other employees.
The Architect, Assistant Architect, and any employees of
the Architect designated by the Architect under section
174j-5 of this title shall each give bond in the sum of
$5,000 with such surety as the Secretary of the Treasury may
approve for the handling of the financial transactions under
such special deposit account. (Pub. L. 87-82, Sec. 6, July
6, 1961, 75 Stat. 200.)
[[Page 811]]
518.6
518.6 Sec. 174j-7. Supersedure of prior provisions for maintenance
and operation of Senate Restaurants.
This Act shall supersede any other Acts or resolutions
heretofore approved for the maintenance and operation of the
Senate Restaurants: Provided, however, That any Acts or
resolutions now in effect shall again become effective,
should the restaurants at any future time revert to the
jurisdiction of the Senate Committee on Rules and
Administration. (Pub. L. 87-82, Sec. 7, July 6, 1961, 75
Stat. 200.)
518.6-1
518.6-1 Sec. 174j-8. Management personnel and miscellaneous
expenses; availability of appropriations; annual and
sick leave.
Hereafter, appropriations for the ``Senate Office
Buildings'' shall be available for employment of management
personnel of the Senate restaurant facilities and
miscellaneous restaurant expenses (except cost of food and
cigar stand sales) and, in fixing the compensation of such
personnel, the compensation of four positions hereafter to
be designated as Director of Food Service, Assistant
Director of Food Service, Manager (special functions), and
Administrative Officer shall be fixed by the Architect of
the Capitol without regard to chapter 51 and subchapters III
and IV of chapter 53 of title 5, and shall thereafter be
adjusted in accordance with section 5307 of title 5. Annual
and sick leave balances of such personnel, as of July 9,
1971, shall be credited to the leave accounts of such
personnel, subject to the provisions of section 6304 of
title 5, upon their transfer to the appropriation for Senate
Office Buildings and such personnel shall continue, while
employed by the Architect of the Capitol, to earn leave at
rates not less than their present accrual rates. (Pub. L.
92-51, Sec. 101, July 9, 1971, 85 Stat. 138, amended Pub. L.
94-59, Title V, Sec. 500, July 25, 1975, 89 Stat. 289; Pub.
L. 101-509, 104 Stat. 1440, Nov. 5, 1990.)
518.6-2
518.6-2 Sec. 174j-9. Loans for Senate Restaurants.
(a) Borrowing authority.
Subject to the approval of the Senate Committee on Rules
and Administration, the Architect of the Capitol shall have
authority to borrow (and be accountable for), from time to
time, from the appropriation account, within the contingent
fund of the Senate, for ``Miscellaneous Items'', such amount
as he may determine necessary to carry out the provisions of
the joint resolution entitled ``Joint Resolution
transferring the management of the Senate Restaurants to the
Architect of the Capitol, and for other purposes'', approved
July 6, 1961, as amended (40 U.S.C. 174j-1 through 174j-8),
and resolutions of the Senate amendatory thereof or
supplementary thereto.
(b) Amount and period of loan; voucher.
Any such loan authorized pursuant to subsection (a) of
this section shall be for such amount and for such period as
the Senate Committee on Rules and Administration shall
prescribe and shall be made by the Secretary of the Senate
to the Architect of the Capitol upon a voucher approved by
the Chairman of the Senate Committee on Rules and
Administration.
[[Page 812]]
(c) Deposit, credit, and future availability of proceeds
from repayment.
All proceeds from the repayment of any such loan shall
be deposited in the appropriation account, within the
contingent fund of the Senate, for ``Miscellaneous Items'',
shall be credited to the fiscal year during which such loan
was made, and shall thereafter be available for the same
purposes for which the amount loaned was initially
appropriated. (Pub. L. 98-396, Title I, Sec. 101, Aug. 22,
1984, 98 Stat. 1395.)
518.7
518.7 Sec. 184a. John W. McCormack Residential Page School
(a) Construction authorization for dormitory and
classroom facilities complex.--There is hereby authorized to
be constructed, on a site jointly approved by the Senate
Office Building Commission and the House Office Building
Commission, in accordance with plans which shall be prepared
by or under the direction of the Architect of the Capitol
and which shall be submitted to and jointly approved by the
Senate Office Building Commission and the House Office
Building Commission, a fireproof building containing
dormitory and classroom facilities, including necessary
furnishings and equipment, for pages of the Senate, the
House of Representatives, and the Supreme Court of the
United States.
(b) Acquisition of property in District of Columbia.--
The Architect of the Capitol, under the joint direction and
supervision of the Senate Office Building Commission and the
House Office Building Commission, is authorized to acquire
on behalf of the United States, by purchase, condemnation,
transfer, or otherwise, such publicly or privately owned
real property in the District of Columbia (including all
alleys, and parts of alleys, and streets within the
curblines surrounding such real property) located in the
vicinity of the United States Capitol Grounds, as may be
approved jointly by the Senate Office Building Commission
and the House Office Building Commission, for the purpose of
constructing on such real property, in accordance with this
section, a suitable dormitory and classroom facilities
complex for pages of the Senate, the House of
Representatives, and the Supreme Court of the United States.
(c) Condemnation proceedings.--Any proceeding for
condemnation instituted under subsection (b) of this section
shall be conducted in accordance with subchapter IV of
chapter 13 of title 16 of the District of Columbia Code.
(d) Transfer of United States owned property.--
Notwithstanding any other provision of law, any real
property owned by the United States, and any alleys, or
parts of alleys and streets, contained within the curblines
surrounding the real property acquired on behalf of the
United States under this section shall be transferred, upon
the request of the Architect of the Capitol made with the
joint approval of the Senate Office Building Commission and
the House Office Building Commission, to the jurisdiction
and control of the Architect of the Capitol.
(e) Alley and street closures by Mayor of District of
Columbia.--Notwithstanding any other provision of law, any
alleys, or parts of alleys and streets, contained within the
curblines surrounding the real property acquired on behalf
of the United States under this section shall be closed and
vacated by the Mayor of the District of Columbia in
accordance with any request therefor made by the Architect
of the Capitol
[[Page 813]]
with the joint approval of the Senate Office Building
Commission and the House Office Building Commission.
(f) United States Capitol Grounds provisions
applicable.--Upon the acquisition on behalf of the United
States of all real property under this section, such
property shall be a part of the United States Capitol
Grounds and shall be subject to the provisions of sections
193a to 193m, 212a, 212a-2, and 212b of this title.
(g) Designation; employment of services under
supervision and control of Architect of Capitol; joint
approval and direction of Speaker and President pro tempore;
annual estimates to Congress; regulations governing
Architect of Capitol.--The building constructed on the real
property acquired under this section shall be designated the
``John W. McCormack Residential Page School''. The
employment of all services (other than that of the United
States Capitol Police) necessary for its protection, care,
maintenance, and use, for which appropriations are made by
Congress, shall be under the control and supervision of the
Architect of the Capitol. Such supervision and control shall
be subject to the joint approval and direction of the
Speaker and the President pro tempore. The Architect shall
submit annually to the Congress estimates in detail for all
services, other than those of the United States Capitol
Police or those provided in connection with the conduct of
school operations and the personal supervision of pages, and
for all other expenses in connection with the protection,
care, maintenance, and use of the John W. McCormack
Residential Page School. The Speaker and the President pro
tempore shall prescribe, from time to time, regulations
governing the Architect in the provision of services and the
protection, care, and maintenance, of the John W. McCormack
Residential Page School.
(h) Joint appointee for supervision and control over
page activities; regulations; Residence Superintendent of
Pages; appointment, compensation, and duties; additional
personnel: appointment and compensation.--The Speaker of the
House of Representatives and the President pro tempore of
the Senate jointly shall designate an officer of the House
and an officer of the Senate, other than a Member of the
House or Senate, who shall jointly exercise supervision and
control over the activities of the pages resident in the
John W. McCormack Residential Page School. With the approval
of the Speaker and the President pro tempore, such officers
so designated shall prescribe regulations governing--
(1) the actual use and occupancy of the John
W. McCormack Residential Page School including,
if necessary, the imposition of a curfew for
pages;
(2) the conduct of pages generally; and
(3) other matters pertaining to the
supervision, direction, safety, and well-being
of pages in off-duty hours.
Such officers, subject to the approval of the Speaker and
the President pro tempore, jointly shall appoint and fix the
per annum gross rate of pay of a Residence Superintendent of
Pages, who shall perform such duties with respect to the
supervision of pages resident therein as those officials
shall prescribe. In addition, such officers, subject to the
approval of the Speaker and the President pro tempore,
jointly shall appoint and fix the per annum gross rates of
pay of such additional personnel
[[Page 814]]
as may be necessary to assist those officers and the
Residence Superintendent of Pages in carrying out their
functions under this section.
(i) Sections 88(a) and 88(b) of title 2 unaffected.--
Nothing in section 88b-1 of title 2 and this section shall
affect the operation of section 88b of title 2, relating to
educational facilities of pages and other minors who are
congressional employees. (Oct. 26, 1970, Pub. L. 91-510,
Sec. 492, 84 Stat. 1199; Dec. 24, 1973, Pub. L. 93-198,
Sec. 421, 87 Stat. 789; Aug. 20, 1996, Pub. L. 104-186,
Title II, Sec. 204(34)(c), 110 Stat. 1734.)
518.8
518.8 Acquisition of Property as an Addition to the Capitol
Grounds
To enable the Architect of the Capitol to acquire on
behalf of the United States, as an addition to the United
States Capitol Grounds, by purchase, condemnation, transfer,
or otherwise, all publicly or privately owned property
contained in square 764 in the District of Columbia, and all
alleys or parts of alleys contained within the curblines
surrounding such square, as such square appears on the
records in the office of the surveyor of the District of
Columbia as of the date of the approval of this Act:
Provided, That any proceeding for condemnation brought
under this paragraph shall be conducted in accordance with
the Act of December 23, 1963 (16 D.C. Code, secs. 1351-
1368): Provided further, That for the purposes of this
paragraph, square 764 shall be deemed to extend to the outer
face of the curbs surrounding such square: Provided further,
That notwithstanding any other provision of law, any real
property owned by the United States and any public alleys or
parts of alleys and streets contained within the curblines
surrounding such square shall, upon request of the Architect
of the Capitol, be transferred to the jurisdiction and
control of the Architect of the Capitol without
reimbursement or transfer of funds, and any alleys or parts
of alleys or streets contained within the curblines of said
square shall be closed and vacated by the Commissioner of
the District of Columbia, appointed pursuant to part III of
Reorganization Plan numbered 3 of 1967, in accordance with
any request therfor made by the Architect of the Capitol:
Provided further, That, upon acquisition of such real
property pursuant to this paragraph, the Architect of the
Capitol is authorized to use such property as a green park
area, pending its development for permanent use as the site
of the John W. McCormack Residential Page School, subject to
the approval of the Senate Office Building Commission and
the House Office Building Commission: Provided further, That
the jurisdiction of the Capitol Police shall extend over any
real property acquired under this paragraph and such
property shall become a part of the United States Capitol
Grounds and be subject to the provisions of sections 193a-
193m, 212a, and 212b of title 40, United States Code:
Provided further, That the Architect of the Capitol, under
the direction of the Senate Office Building Commission and
the House Office Building Commission, is authorized and
directed to enter into such contracts, incur such
obligations, and make such expenditures, including
expenditures for personal and other services, as may be
necessary to carry out the provisions of this paragraph;
$1,450,000, to remain available until expended. (Oct. 31,
1972, Pub. L. 92-607, 86 Stat. 1512.)
519
519 Sec. 185a. Senate garage; control, supervision, servicing of
official motor vehicles.
(a) The employees of the Senate garage engaged by the
Architect of the Capitol for the primary purpose of
servicing official motor vehicles, together with the
functions performed by such employees, shall, on October 1,
1980, be transferred to the jurisdiction of the Sergeant at
Arms and Doorkeeper of the Senate: Provided further, That,
effective July 1, 1965, the underground space in the north
extension of the Capitol Grounds, known as the Legislative
Garage shall hereafter be known as the Senate Garage and
shall be under the jurisdiction and control of the Architect
of the Capitol, subject to such regulations respecting the
use thereof as may be promulgated by the Senate Committee on
Rules and Administration: Provided further, That, such
regulations shall provide for the continued assignment of
space and the continued fur
[[Page 815]]
nishing of service in such garage for official motor
vehicles of the House and the Senate and the Architect of
the Capitol and Capitol Grounds maintenance equipment.
(b) As used in subsection (a) of this section, the term
``servicing'' includes, with respect to an official motor
vehicle, the washing and fueling of such vehicle, the
checking of its tires and battery, and checking and adding
oil. (June 30, 1932, ch. 314, Sec. 1, 47 Stat. 391; Aug. 20,
1964, Pub. L. 88-454, 78 Stat. 545; Oct. 13, 1980, Pub. L.
96-444, Sec. 1(a)(1), (b), 94 Stat. 1889.)
520
520 Sec. 186. Transfer of material and equipment to Architect.
The Secretary of the Army is authorized to transfer,
without payment, to the Architect of the Capitol, such
material and equipment, not required by the Department of
the Army, as the Architect may request for use at the
Capitol powerplant, the Capitol Building, and the Senate and
House Office Buildings. (June 5, 1920, ch. 253, Sec. 1, 41
Stat. 1035; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
521
521 Sec. 187. National Statuary Hall.
Suitable structures and railings shall be erected in the
old hall of Representatives for the reception and protection
of statuary, and the same shall be under the supervision and
direction of the Architect of the Capitol. And the President
is authorized to invite all the States to provide and
furnish statues, in marble or bronze, not exceeding two in
number for each State, of deceased persons who have been
citizens thereof, and illustrious for their historic renown
or for distinguished civic or military services, such as
each State may deem to be worthy of this national
commemoration; and when so furnished, the same shall be
placed in the old hall of the House of Representatives, in
the Capitol of the United States, which is set apart, or so
much thereof as may be necessary, as a national statuary
hall for the purpose indicated in this section. (R.S.
Sec. 1814; Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147;
Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
521.1
521.1 Location of Statues
House Concurrent Resolution 47, passed Feb. 24, 1933, 47
Stat. Part 2, 1784, provided:
``That the Architect of the Capitol, upon the approval
of the Joint Committee on the Library, with the advice of
the Commission on Fine Arts, is hereby authorized and
directed to relocate within the Capitol any of the statues
already received and placed in Statuary Hall, and to provide
for the reception and location of the statues received
hereafter from the States.''
522
522 Sec. 188. Works of fine arts.
The Joint Committee on the Library, whenever, in their
judgment, it is expedient, are authorized to accept any work
of the fine arts, on behalf of Congress, which may be
offered, and to assign the same such place in the Capitol as
they may deem suitable, and shall have the supervision of
all works of art that may be placed in the Capitol. (R.S.
Sec. 1831.)
[[Page 816]]
522a
522a Sec. 188a. United States Capitol Preservation Commission.
(a) Establishment and purposes.
There is established in the Congress the United States
Capitol Preservation Commission (hereinafter in sections
188a to 188a-5 of this title referred to as the
``Commission'') for the purposes of----
(1) providing for improvements in,
preservation of, and acquisitions for, the
United States Capitol;
(2) providing for works of fine art and
other property for display in the United States
Capitol and at other locations under the control
of the Congress; and
(3) conducting other activities that
directly facilitate, encourage, or otherwise
support any purposes specified in paragraph (1)
or (2).
(b) Membership.
The Commission shall be composed of the following
Members of Congress:
(1) The President pro tempore of the Senate
and the Speaker of the House of Representatives,
who shall be co-chairmen.
(2) The Chairman and Vice-Chairman of the
Joint Committee on the Library.
(3) The Chairman and the ranking minority
party member of the Committee on Rules and
Administration of the Senate, and the Chairman
and the ranking minority party member of the
Committee on House Oversight of the House of
Representatives.
(4) The majority leader and the minority
leader of the Senate.
(5) The majority leader and the minority
leader of the House of Representatives.
(6) The Chairman of the Commission on the
Bicentennial of the United States Senate and the
Chairman of the Commission of the House of
Representatives Bicentenary, to be succeeded
upon expiration of such commissions, by a
Senator or Member of the House of
Representatives, as appropriate, appointed by
the Senate or House of Representatives co-
chairman of the Commission, respectively.
(7) One Senator appointed by the President
pro tempore of the Senate and one Senator
appointed by the minority leader of the Senate.
(8) One Member of the House of
Representatives appointed by the Speaker of the
House of Representatives and one Member of the
House of Representatives appointed by the
minority leader of the House of Representatives.
(c) Designees.
Each member of the Commission specified under subsection
(b) of this section (other than a member under paragraph (7)
or (8) of such subsection) may designate a Senator or Member
of the House of Representatives, as the case may be, to
serve as a member of the Commission in place of the member
so specified.
(d) Architect of the Capitol.
In addition to the members under subsection (b) of this
section, the Architect of the Capitol shall participate in
the activities of the Commission, ex officio, and without
the right to vote.
[[Page 817]]
(e) Staff support and assistance.
The Senate Commission on Art, the House of
Representatives Fine Arts Board, and the Architect of the
Capitol shall provide to the Commission such staff support
and assistance as the Commission may request.
(Pub. L. 100-696, Title VIII, Sec. 801, Nov. 18, 1988, 102
Stat. 4608; Pub. L. 104-186, Title II, Sec. 221(7), Aug. 20,
1996, 110 Stat. 1749.)
522a-1
522a-1 Sec. 188a-1. Authority of Commission to accept gifts and
conduct other transactions relating to works of fine art
and other property.
(a) In general.
In carrying out the purposes referred to in section
188a(a) of this title the Commission is authorized--
(1) to accept gifts of works of fine art,
gifts of other property, and gifts of money; and
(2) to acquire property, administer
property, dispose of property, and conduct other
transactions related to such purposes.
(b) Transfer and disposition of works of fine art and other
property.
The Commission shall, with respect to works of fine art
and other property received by the Commission--
(1) in consultation with the Joint Committee
on the Library, the Senate Commission on Art, or
the House of Representatives Fine Arts Board, as
the case may be, transfer such property to the
entity consulted;
(2) if a transfer described in paragraph (1)
is not appropriate, dispose of the work of fine
art by sale or other transaction; and
(3) in the case of property that is not
directly related to the purposes referred to in
section 188a(a) of this title, dispose of such
property by sale or other transaction.
(c) Requirements for conduct of transactions.
In conducting transactions under this section, the
Commission shall--
(1) accept money only in the form of a check
or similar instrument made payable to the
Treasury of the United States and shall deposit
any such check or instrument in accordance with
section 188a-2 of this title;
(2) in making sales and engaging in other
property transactions, take into consideration
market conditions and other relevant factors;
and
(3) assure that each transaction is directly
related to the purposes referred to in section
188a(a) of this title. (Pub. L. 100-696, Title
VIII, Sec. 802, Nov. 18, 1988, 102 Stat. 4609;
Pub. L. 101-302, Title III, Sec. 312(a), May 25,
1990, 104 Stat. 245.)
522a-2
522a-2 Sec. 188a-2. Capitol Preservation Fund.
(a) In general.
There is established in the Treasury a fund, to be known
as the ``Capitol Preservation Fund'' (hereafter in sections
188a to 188a-5 of this title referred to as the ``fund''),
which shall consist of (1) amounts deposited, and interest
and proceeds credited, under subsection (d) of this section,
(2) obligations obtained under subsection (e) of this
section,
[[Page 818]]
and (3) all surcharges received by the Secretary of the
Treasury from the sale of coins minted under the
Bicentennial of the United States Congress Commemorative
Coin Act.
(b) Availability of fund.
The fund shall be available to the Commission--
(1) for payment of transaction costs and
similar expenses incurred under section 188a-1
of this title;
(2) subject to the approval of the Committee
on Appropriations of the House of
Representatives and the Committee on
Appropriations of the Senate, for improvement
and preservation projects for the United States
Capitol;
(3) for disbursement with respect to works
of fine art and other property as provided in
section 188a-1 of this title; and
(4) for such other payments as may be
required to carry out section 188a of this title
or section 188a-1 of this title.
(c) Transaction costs and proportionality.
In carrying out this section, the Commission shall, to
the extent practicable, take such action as may be
necessary--
(1) to minimize disbursements under
subsection (b)(1) of this section; and
(2) to equalize disbursements under
subsection (b) of this section between the
Senate and the House of Representatives.
(d) Deposits, credits, and disbursements.
The Commission shall deposit in the fund gifts of money
and proceeds of transactions under section 188a-1 of this
title. The Secretary of the Treasury shall credit to the
fund the interest on, and the proceeds from sale or
redemption of, obligations held in the fund. Disbursements
from the fund shall be made on vouchers approved by the
Commission and signed by the co-chairmen.
(e) Investments.
The Secretary of the Treasury shall invest any portion
of the fund that, as determined by the Commission, is not
required to meet current withdrawals. Each investment shall
be made in an interest bearing obligation of the United
States or an obligation guaranteed as to principal and
interest by the United States that, as determined by the
Commission has a maturity suitable for the fund. In carrying
out this subsection, the Secretary may make such purchases,
sales, and redemptions of obligations as may be approved by
the Commission.
(Pub. L. 100-696, Title VIII, Sec. 803, Nov. 18, 1988, 102
Stat. 4609; Pub. L. 101-302, Title III, Sec. 312(b), May 25,
1990, 104 Stat. 245.)
522a-3
522a-3 Sec. 188a-3. Audits by the Comptroller General.
The Comptroller General shall conduct annual audits of
the transactions of the Commission and shall report the
results of each audit to the Congress. (Pub. L. 100-696,
Title VIII, Sec. 804, Nov. 18, 1988, 102 Stat. 4610.)
522a-4
522a-4 Sec. 188a-4. Advisory boards.
The Commission may establish appropriate boards to
provide advice and assistance to the Commission and to
further the purposes of the Commission. The boards shall be
composed of members (including chair
[[Page 819]]
men) who shall be appointed by the Commission from public
and private life and shall serve at the pleasure of the
Commission and each co-chairman of the Commission may
appoint one member to any such board. The members of boards
under this section may be reimbursed for actual and
necessary expenses incurred in the performance of the duties
of the boards, at the discretion of the Commission. (Pub. L.
100-696, Title VIII, Sec. 805, Nov. 18, 1988, 102 Stat.
4610.)
522a-5
522a-5 Sec. 188a-5. ``Members of the House of Representatives''
defined.
As used in sections 188a to 188a-5 of this title, the
term ``Member of the House of Representatives'' means a
Representative in, or a Delegate or Resident Commissioner
to, the Congress. (Pub. L. 100-696, Title VIII, Sec. 806,
Nov. 18, 1988, 102 Stat. 4610.)
522b
522b Sec. 188b. Senate Commission on Art.
(a) Establishment.
There is hereby established a Senate Commission on Art
(hereinafter referred to as ``the Commission'') consisting
of the President pro tempore of the Senate, the chairman and
ranking minority member of the Committee on Rules and
Administration of the Senate, and the majority and minority
leaders of the Senate.
(b) Chairman and Vice Chairman; quorum; Executive Secretary.
The Commission shall elect a Chairman and a Vice
Chairman at the beginning of each Congress. Three members of
the Commission shall constitute a quorum for the transaction
of business, except that the Commission may fix a lesser
number which shall constitute a quorum for the taking of
testimony. The Secretary of the Senate shall be the
Executive Secretary of the Commission \1\
\1\ So in original. Probably should end with a period.
(c) Selection of Curator of Art and Antiquities of the
Senate; availability of professional and clerical
assistance.
The Commission shall select a Curator of Art and
Antiquities of the Senate who shall be appointed by and be
an employee of the Secretary of the Senate. The Curator
shall serve at the pleasure of the Commission, shall perform
such duties as it may prescribe, and shall receive
compensation at a gross rate, not to exceed $22,089 per
annum to be fixed by the Commission. At the request of the
Commission the Secretary of the Senate shall detail to the
Commission such additional professional, clerical, and other
assistants as, from time to time, it deems necessary.
(d) Hearings and meetings.
The Commission shall be empowered to hold hearings,
summon witnesses, administer oaths, employ reporters,
request the production of papers and records, take such
testimony, and adopt such rules for the conduct of its
hearings and meetings, as it deems necessary. (Pub. L. 100-
696, Title IX, Sec. 901(a), (b)(1), (3), Nov. 18, 1988, 102
Stat. 4610, 4611.)
[[Page 820]]
522b-1
522b-1 Sec. 188b-1. Duties of Commission.
(a) In general.
The Commission is hereby authorized and directed to
supervise, hold, place, protect, and make known all works of
art, historical objects, and exhibits within the Senate wing
of the United States Capitol, any Senate Office Buildings,
and in all rooms, spaces, and corridors thereof, which are
the property of the United States, and in its judgment to
accept any works of art, historical objects, or exhibits
which may hereafter be offered, given, or devised to the
Senate, its committees, and its officers for placement and
exhibition in the Senate wing of the Capitol, the Senate
Office Buildings, or in rooms, spaces, or corridors thereof.
(b) Issuance and publication of regulations.
The Commission shall prescribe such regulations as it
deems necessary for the care, protection, and placement of
such works of art, exhibits, and historical objects in the
Senate wing of the Capitol and the Senate Office Buildings,
and for their acceptance on behalf of the Senate, its
committees, and officers. Such regulations shall be
published in the Congressional Record at such time or times
as the Commission may deem necessary for the information of
the Members of the Senate and the public.
(c) Consistency of regulations.
Regulations authorized by the provisions of section 193
of this title to be issued by the Sergeant at Arms of the
Senate for the protection of the Capitol, and any
regulations issued, or activities undertaken, by the
Committee on Rules and Administration of the Senate, or the
Architect of the Capitol, in carrying out duties relating to
the care, preservation, and protection of the Senate wing of
the Capitol and the Senate Office Buildings, shall be
consistent with such rules and regulations as the Commission
may issue pursuant to subsection (b) of this section.
(d) Responsibilities of Committee on Rules and
Administration of the Senate.
The Committee on Rules and Administration of the Senate
in consultation with the Architect of the Capitol and
consistent with regulations prescribed by the Commission
under subsection (b) of this section, shall have
responsibility for the supervision, protection, and
placement of all works of art, historical objects, and
exhibits which shall have been accepted on behalf of the
Senate by the Commission or acknowledged as United States
property by inventory of the Commission, and which may be
lodged in the Senate wing of the Capitol or the Senate
Office Building by the Commission. (Pub. L. 100-696, Title
IX, Sec. 901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610,
4611.)
522b-2
522b-2 Sec. 188b-2. Supervision and maintenance of Old Senate
Chamber.
The Commission shall have responsibility for the
supervision and maintenance of the Old Senate Chamber on the
principal floor of the Senate wing of the Capitol insofar as
it is to be preserved as a patriotic shrine in the Capitol
for the benefit of the people of the United States.
(Pub. L. 100-696, Title IX, Sec. 901(a), Nov. 18, 1988, 102
Stat. 4610.)
[[Page 821]]
522b-3
522b-3 Sec. 188b-3. Publication of list of works of art, historical
objects, and exhibits.
The Commission shall, from time to time, but at least
once every ten years, publish as a Senate document a list of
all works of art, historical objects, and exhibits currently
within the Senate wing of the Capitol and the Senate Office
Buildings, together with their description, location, and
with such notes as may be pertinent to their history.
(Pub. L. 100-696, Title IX, Sec. 901(a), Nov. 18, 1988, 102
Stat. 4610.)
522b-4
522b-4 Sec. 188b-4. Authorization of appropriations.
There is hereby authorized to be appropriated out of the
contingent fund of the Senate for the expenses of the
Commission the sum of $15,000 each fiscal year, to be
disbursed by the Secretary of the Senate on vouchers signed
by the Chairman or Vice Chairman of the Commission:
Provided, That no payment shall be made from such
appropriation as salary. (Pub. L. 100-696, Title IX,
Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.)
522b-5
522b-5 Sec. 188b-5. Additional authority for Senate Commission on
Art to acquire works of art, historical objects,
documents, or exhibits.
(a) The Senate Commission on Art, in addition to any
authority conferred upon it by sections 188b to 188b-4 of
this title, is authorized to acquire any work of art,
historical object, document or material relating to
historical matters, or exhibit for placement or exhibition
in the Senate wing of the Capitol, the Senate Office
Buildings, or in rooms, spaces, or corridors thereof.
(b) This section shall be effective as of March 1, 1971.
(Pub. L. 100-696, Title IX, Sec. 901(a), (c), Nov. 18, 1988,
102 Stat. 4610, 4611.)
522b-6
522b-6 Sec. 188b-6. Conservation, restoration, replication, or
replacement of items in United States Senate Collection.
(a) Use of moneys in Senate contingent fund.
Effective with the fiscal year ending September 30,
2000, and each fiscal year thereafter, subject to the
approval of the Committee on Appropriations of the Senate,
any unexpended and unobligated funds in the appropriation
account for the ``Secretary of the Senate'' within the
contingent fund of the Senate which have not been withdrawn
in accordance with section 102a of title 2 shall be
available for the expenses incurred, without regard to the
fiscal year in which incurred, for the conservation,
restoration, and replication or replacement, in whole or in
part, of items of art, fine art, and historical items within
the Senate wing of the United States Capitol, any Senate
Office Building, or any room, corridor, or other space
therein. In the case of replication or replacement of such
items, the funds available under this subsection shall be
available for any such items previously contained within the
Senate wing of the Capitol, or an item historically
accurate.
(b) United States Senate Collection.
All such items of art referred to in subsection (a) of
this section shall be known as the ``United States
Collection''.
[[Page 822]]
(c) Approval of disbursements by Chairman or Executive
Secretary of Senate Commission on Art.
Disbursements for expenses incurred for the purposes in
subsection (a) of this section shall be made upon vouchers
approved by the Chairman of the Senate Commission on Art or
the Executive Secretary of the Senate Commission on Art.
(Pub. L. 101-302, Title III, Sec. 316, May 25, 1990, 104
Stat. 246; Pub. L. 101-520, Title III, Sec. 323, Nov. 5,
1990, 104 Stat. 2285; Pub. L. 102-90, Title III, Sec. 310,
Aug. 14, 1991, 105 Stat. 467; Pub. L. 102-392, Title III,
Sec. 312, Oct. 6, 1992, 106 Stat. 1723; Pub. L. 104-53,
Sec. 311, Nov. 19, 1995, 109 Stat. 538; Pub. L. 104-197,
Title III, Sec. 313, Sept. 16, 1996, 110 Stat. 2415; Pub. L.
105-55, Title III, Sec. 309, Oct. 7, 1997, 111 Stat. 1198;
Pub. L. 105-275, Title III, Sec. 311, Oct. 21, 1998, 112
Stat. 2457, Sept. 29, 1999, Pub. L. 106-57, Sec. 309, 113
Stat. 427.)
523
523 Sec. 189. Art exhibits.
No work of art or manufacture other than the property of
the United States shall be exhibited in the National
Statuary Hall, the Rotunda, or the corridors of the Capitol.
(Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat. 391.)
524
524 Sec. 190. Private studios and works of art.
No room in the Capitol shall be used for private studios
or works of art, without permission from the Joint Committee
on the Library, given in writing; and it shall be the duty
of the Architect of the Capitol to carry this provision into
effect. (Mar. 3. 1875, ch. 130, Sec. 1, 18 Stat. 376.)
525
525 Sec. 193. Protection of buildings and property.
The Sergeants at Arms of the Senate and of the House of
Representatives are authorized to make such regulations as
they may deem necessary for preserving the peace and
securing the Capitol from defacement, and for the protection
of the public property therein, and they shall have power to
arrest and detain any person violating such regulations,
until such person can be brought before the proper
authorities for trial. (R.S. Sec. 1820.)
Cross References
Policing of Capitol building and grounds, see section
212a of this title (Senate Manual section 546).
Use of Capitol Grounds for temporary recreational
purposes permitted, see section 214a of this title (Senate
Manual section 549a).
526
526 Sec. 193a. United States Capitol Grounds; area comprising;
jurisdiction.
The United States Capitol Grounds shall comprise all
squares, reservations, streets, roadways, walks, and other
areas as defined on a map entitled ``Map showing areas
comprising United States Capitol Grounds'', dated June 25,
1946, approved by the Architect of the Capitol and recorded
in the Office of the Surveyor of the District of Columbia in
book 127, page 8, including all additions added thereto by
law subsequent to June 25, 1946, [and]
(i) That portion of the triangle of Federal
land in Reservation No. 204 in the District of
Columbia under the jurisdiction of the
[[Page 823]]
Secretary of the Interior, including any
contiguous sidewalks, bound by Constitution
Avenue, N.E., on the north, the branch of
Maryland Avenue, N.E., running in a northeast
direction on the west, the major portion of
Maryland Avenue, N.E., on the south, and 2nd
Street, N.E., on the east, including the
contiguous sidewalks.
(ii) That irregular area of Federal land in
Reservation No. 204 in the District of Columbia
under the jurisdiction of the Secretary of the
Interior, including any contiguous sidewalks,
northeast of the real property described in
clause (i) bound by Constitution Avenue, N.E.,
on the north, the branch of Maryland Avenue,
N.E., running to the northeast on the south, and
the private property on the west known as lot 7,
in square 726.
(iii) The two irregularly shaped medians
lying north and east of the property described
in clause (i), located between the north and
south curbs of Constitution Avenue, N.E., west
of its intersection with Second Street, N.E.,
all as shown in Land Record No. 268, dated
November 22, 1957, in the Office of the
Surveyor, District of Columbia, in Book 138,
Page 58.
(iv) All sidewalks under the jurisdiction of
the District of Columbia abutting on and
contiguous to the land described in clauses (i),
(ii), and (iii).
and the jurisdiction and control over the United States
Capitol Grounds, vested prior to July 31, 1946, by law in
the Architect of the Capitol, is extended to the entire area
of the United States Capitol Grounds, and the Architect of
the Capitol shall be responsible for the maintenance and
improvement thereof, including those streets and roadways in
said United States Capitol Grounds as shown on said map as
being under the jurisdiction and control of the
Commissioners of the District of Columbia, except that the
Mayor of the District of Columbia shall be responsible for
the maintenance and improvement of those portions of the
following streets which are situated between the curblines
thereof: Constitution Avenue from Second Street Northeast to
Third Street Northwest, First Street from D Street N.E. to D
Street S.E., D Street from First Street S.E. to Canal Street
S.W., and First Street from the north side of Louisiana
Avenue to the intersection of C Street and Canal Street
S.W., Pennsylvania Avenue Northwest from First Street
Northwest to Third Street Northwest, Maryland Avenue
Southwest from First Street Southwest to Third Street
Southwest, Second Street Northeast from F Street Northeast
to C Street Southeast; C Street Southeast from Second Street
Southeast to First Street Southeast; that portion of
Maryland Avenue Northeast from Second Street Northeast to
First Street Northeast; that portion of New Jersey Avenue
Northwest from D Street Northwest to Louisiana Avenue; that
portion of Second Street Southwest from the north curb of D
Street to the south curb of Virginia Avenue Southwest; that
portion of Virginia Avenue Southwest from the east curb of
Second Street Southwest to the west curb of Third Street
Southwest; that portion of Third Street Southwest from the
south curb of Virginia Avenue Southwest to the north curb of
D Street Southwest; that portion of D Street Southwest from
the west curb of Third Street Southwest to the east curb of
Second Street Southwest; that portion of Canal Street
Southwest, including sidewalks and traffic islands, from the
south curb of Independence Avenue Southwest to the west curb
of South Capitol Street: Provided, That the Mayor of the
District of
[[Page 824]]
Columbia shall be permitted to enter any part of said United
States Capitol Grounds for the purpose of repairing or
maintaining or, subject to the approval of the Architect of
the Capitol, for the purpose of constructing or altering,
any utility service of the District of Columbia government.
(As amended Nov. 12, 1996, Pub. L. 104-333, Div. I, Title V,
Sec. 514(c)(3)(A), 110 Stat. 4167.)
Note
Public Law 97-379, December 22, 1982, 96 Stat. 1935, provided in part that
the definition of United States Capitol Grounds should include the
following additional areas which are situated as follows:
(1) All sidewalks and contiguous areas presently
under the jurisdiction of the District of Columbia
located on the south side of Pennsylvania Avenue,
Northwest, between the west curb of First Street,
Northwest and the east curb of Third Street,
Northwest.
(2) All sidewalks and contiguous areas presently
under the jurisdiction of the District of Columbia
located on the north side of Maryland Avenue,
Southwest, between the west curb of First Street,
Southwest and the east curb of Third Street,
Southwest.
(3) All sidewalks and contiguous areas presently
under the jurisdiction of the District of Columbia,
located on the west side of First Street between the
south curb of Pennsylvania Avenue, Northwest and the
north curb of Maryland Avenue, Southwest.
(4) All sidewalks and contiguous areas presently
under the jurisdiction of the District of Columbia,
located on the east side of Third Street between the
south curb of Pennsylvania Avenue, Northwest and the
north curb of Maryland Avenue, Southwest.
Section 3 of Pub. L. 96-432 provided that: ``On and
after the effective date of this section [See section 4 of
Pub. L. 96-432], that portion of C Street Northeast from the
west curb of Second Street Northeast to the east curb of
First Street Northeast shall be under the exclusive
jurisdiction and control of the Capitol Police Board and the
Architect of the Capitol in the same manner and to the same
extent as such Board or the Architect of the Capitol has
over other streets comprising the United States Capitol
Grounds, and the Architect of the Capitol shall be
responsible for the maintenance and improvement thereof.''
527
527 Sec. 193b. Public use of Capitol Grounds.
Public travel in and occupancy of said United States
Capitol Grounds shall be restricted to the roads, walks, and
places prepared for that purpose by flagging, paving, or
otherwise. (July 31, 1946, ch. 707, Sec. 2, 60 Stat. 718.)
528
528 Sec. 193c. Obstruction of roads; conveyance of goods or
merchandise; Capitol Grounds.
It is forbidden to occupy the roads in said United
States Capitol Grounds in such manner as to obstruct or
hinder their proper use, or to use the roads in the area of
said United States Capitol Grounds, south of Constitution
Avenue and B Street and north of Independence Avenue and B
Street, for the conveyance of goods or merchandise, except
to or from the Capitol on Government service. (July 31,
1946, ch. 707, Sec. 3, 60 Stat. 718.)
529
529 Sec. 193d. Sale of articles; signs; solicitation on Capitol
Grounds.
It is forbidden to offer or expose any article for sale
in said United States Capitol Grounds; to display any sign,
placard, or other form of advertisement therein; to solicit
fares, alms, subscriptions, or contributions therein. (July
31, 1946, ch. 707, Sec. 4, 60 Stat. 718.)
[[Page 825]]
530
530 Sec. 193e. Injuries to property; Capitol Grounds.
It is forbidden to step or climb upon, remove, or in any
way injure any statue, seat, wall, fountain, or other
erection or architectural feature, or any tree, shrub,
plant, or turf in said United States Capitol Grounds. (July
31, 1946, ch. 707, Sec. 5, 60 Stat. 718.)
531
531 Sec. 193f. Capitol Grounds and Buildings security.
(a) Firearms, dangerous weapons, explosives, or incendiary
devices.
It shall be unlawful for any person or group of
persons--
(1) Except as authorized by regulations
which shall be promulgated by the Capitol Police
Board:
(A) to carry on or have readily
accessible to the person of any individual
upon the United States Capitol Grounds or
within any of the Capitol Buildings any
firearm, dangerous weapon, explosive, or
incendiary device; or
(B) to discharge any firearm or
explosive, to use any dangerous weapon, or
to ignite any incendiary device, upon the
United States Capitol Grounds or within any
of the Capitol Buildings; or
(C) to transport by any means upon the
United States Capitol Grounds or within any
of the Capitol Buildings any explosive or
incendiary device; or
(2) Knowingly, with force and violence, to
enter or to remain upon the floor of either
House of the Congress.
(b) Violent entry and disorderly conduct.
It shall be unlawful for any person or group of persons
willfully and knowingly--
(1) to enter or to remain upon the floor of
either House of the Congress, to enter or to
remain in any cloakroom or lobby adjacent to
such floor, or to enter or to remain in the
Rayburn Room of the House or the Marble Room of
the Senate, unless such person is authorized,
pursuant to rules adopted by that House or
pursuant to authorization given by that House,
to enter or to remain upon such floor or in such
cloakroom, lobby, or room;
(2) to enter or to remain in the gallery of
either House of the Congress in violation of
rules governing admission to such gallery
adopted by that House or pursuant to
authorization given by that House;
(3) to enter or to remain in any room within
any of the Capitol Buildings set aside or
designated for the use of either House of the
Congress or any Member, committee, subcommittee,
officer, or employee of the Congress or either
House thereof with intent to disrupt the orderly
conduct of official business;
(4) to utter loud, threatening, or abusive
language, or to engage in any disorderly or
disruptive conduct, at any place upon the United
States Capitol Grounds or within any of the
Capitol Buildings with intent to impede,
disrupt, or disturb the orderly conduct of any
session of the Congress or either House thereof,
or the orderly conduct within any such building
of any hearing before, or any deliberations of,
any committee or subcommittee of the Congress or
either House thereof;
[[Page 826]]
(5) to obstruct, or to impede passage
through or within, the United States Capitol
Grounds or any of the Capitol Buildings;
(6) to engage in any act of physical
violence upon the United States Capitol Grounds
or within any of the Capitol Buildings; or
(7) to parade, demonstrate, or picket within
any of the Capitol Buildings.
(c) Exemption of Government officials.
Nothing contained in this section shall forbid any act
of any Member of Congress, or any employee of a Member of
the Congress, any officer or employee of the Congress or any
committee or subcommittee thereof, or any officer or
employee of either House of the Congress or any committee or
subcommittee thereof, which is performed in the lawful
discharge of his official duties. (July 31, 1946, ch. 707,
Sec. 6, 60 Stat. 718; Aug. 6, 1962, Pub. L. 87-571, 76 Stat.
307; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(b), 81 Stat.
276.)
532
532 Sec. 193g. Same; parades or assemblages; display of flags.
It is forbidden to parade, stand, or move in processions
or assemblages in said United States Capitol Grounds, or to
display therein any flag, banner, or device designed or
adapted to bring into public notice any party, organization,
or movement, except as hereinafter provided in sections 193j
and 193k of this title. (July 31, 1946, ch. 707, Sec. 7, 60
Stat. 719.)
Note
The Case of Jeannette Rankin Brigade v. Chief of Capitol
Police, D.C., D.C. 1972, 342 F. Supp. 575, affirmed 93 S.
Ct. 311, 409 U.S. 972, held that the governmental interest
in maintenance of a ``park-like setting'' on Capitol grounds
was not sufficient to sustain this section prohibiting
parades or assemblages on the Capitol grounds and that the
section is void on its face on both U.S.C.A. Const. Amends.
1 and 5 grounds.
533
533 Sec. 193h. Prosecution and punishment of offenses.
(a) Any violation of section 193f(a) of this title, and
any attempt to commit any such violation, shall be a felony
punishable by a fine not exceeding $5,000, or imprisonment
not exceeding five years, or both.
(b) Any violation of section 193b, 193c, 193d, 193e,
193f(b), or 193g of this title, and any attempt to commit
any such violation, shall be a misdemeanor punishable by a
fine not exceeding $500, or imprisonment not exceeding six
months, or both.
(c) Violations of sections 193a-193m, 212a, 212a-2, and
212b of this title, including attempts or conspiracies to
commit such violations, shall be prosecuted by the United
States attorney or his assistants in the name of the United
States. None of the general laws of the United States and
none of the laws of the District of Columbia shall be
superseded by any provision of said sections. Where the
conduct violating said sections also violates the general
laws of the United States or the laws of the District of
Columbia, both violations may be joined in a single
prosecution. Prosecution for any violation of section
193f(a) of this title or for conduct which constitutes a
felony under the general laws of the United States or the
laws of the District of Columbia shall be in the United
States District Court for the District of Columbia. All
other prosecutions for violations of said sections may be in
the Superior Court of the District of Columbia. Whenever any
person is
[[Page 827]]
convicted of a violation of said sections and of the general
laws of the United States or the laws of the District of
Columbia, in a prosecution under this subsection, the
penalty which may be imposed for such violation is the
highest penalty authorized by any of the laws for violation
of which the defendant is convicted. (July 31, 1946, ch.
707, Sec. 8, 60 Stat. 719; Oct. 20, 1967, Pub. L. 90-108,
Sec. 1(c), 81 Stat. 277; July 29, 1970. Pub. L. 91-358,
Sec. 155(a), 84 Stat. 570.)
534
534 Sec. 193i. Assistance to authorities by Capitol employees.
It shall be the duty of all persons employed in the
service of the Government in the Capitol or in the United
States Capitol Grounds to prevent, as far as may be in their
power, offenses against sections 193a-193m, 212a, 212a-2,
and 212b of this title, and to aid the police, by
information or otherwise, in securing the arrest and
conviction of offenders. (July 31, 1946, ch. 707, Sec. 10,
60 Stat. 719.)
535
535 Sec. 193j. Suspension of prohibitions against use of
grounds.
In order to admit of the due observance within the
United States Capitol Grounds of occasions of national
interest becoming the cognizance and entertainment of
Congress, the President of the Senate and the Speaker of the
House of Representatives, acting concurrently, are
authorized to suspend for such proper occasions so much of
the prohibitions contained in sections 193b-193g of this
title as would prevent the use of the roads and walks of the
said grounds by processions or assemblages, and the use upon
them of suitable decorations, music, addresses, and
ceremonies: Provided, That responsible officers shall have
been appointed, and arrangements determined which are
adequate, in the judgment of said President of the Senate
and Speaker of the House of Representatives, for the
maintenance of suitable order and decorum in the
proceedings, and for guarding the Capitol and its grounds
from injury. (July 31, 1946, ch. 707, Sec. 11, 60 Stat.
719.)
536
536 Sec. 193k. Power of Capitol Police Board to suspend
prohibitions.
In the absence from Washington of either of the officers
designated in section 193j of this title, the authority
therein given to suspend certain prohibitions of sections
193(a) to 193(m), 212(a), 212(a)(2), and 212(b) of this
title shall devolve upon the other, and in the absence from
Washington of both it shall devolve upon the Capitol Police
Board: Provided, That notwithstanding the provisions of
sections 193g and 193j of this title, the Capitol Police
Board is authorized to grant the Mayor of the District of
Columbia authority to permit the use of Louisiana Avenue for
any of the purposes prohibited by section 193g of this
title. (July 31, 1946, ch. 707, Sec. 12, 60 Stat. 719; Dec.
24, 1973, Pub. L. 93-198, Title IV, Sec. 421, 87 Stat. 789.)
537
537 Sec. 193l. Concerts on grounds.
Nothing in sections 193a-193k and 212a, and 212a-2 of
this title shall be construed to prohibit the giving of
concerts in the United States Capitol Grounds, at such times
as will not interfere with the Congress, by any band in the
service of the United States, when and as authorized by the
Architect of the Capitol. (July 31, 1946, ch. 707, Sec. 13,
60 Stat. 720.)
[[Page 828]]
538
538 Sec. 193m. Definitions.
(a) As used in sections 193a-193m, 212a, 212a-2, and
212b of this title--
(1) The term ``Capitol Buildings'' means the
United States Capitol, the Senate and House
Office Buildings and garages, the Capitol Power
Plant, all subways and enclosed passages
connecting two or more such structures, and the
real property underlying and enclosed by any
such structure.
(2) The term ``firearm'' shall have the same
meaning as when used in section 901(3) of title
15.
(3) The term ``dangerous weapon'' includes
all articles enumerated in section 14(a) of the
Act of July 8, 1932 (47 Stat. 654, as amended;
D.C. Code 22-3214(a)) and also any device
designed to expel or hurl a projectile capable
of causing injury to persons or property,
daggers, dirks, stilettoes, and knives having
blades over three inches in length.
(4) The term ``explosive'' shall have the
same meaning as when used in section 121(1) of
title 50.
(5) The term ``act of physical violence''
means any act involving (1) an assault or any
other infliction or threat of infliction of
death or bodily harm upon any individual, or (2)
damage to or destruction of any real property or
personal property. (July 31, 1946, ch. 707,
Sec. 16(a), 60 Stat. 721; Oct. 20, 1967, Pub. L.
90-108, Sec. 1(d), 81 Stat. 277.)
538.1
538.1 Sec. 193m-1. Audit for private organizations conducting
activities or performing services in or on United States
Capitol Buildings or Grounds; report to Congress.
Any private organization, except political parties and
committees constituted for election of Federal officials,
whether or not organized for profit and whether or not any
of its income inures to the benefit of any person, which
performs services or conducts activities in or on the United
States Capitol Buildings or Grounds, as defined by or
pursuant to law, shall be subject, for each year in which it
performs such services or conducts such activities, to a
special audit of its accounts which shall be conducted by
the General Accounting Office. The results of such audit
shall be reported by the Comptroller General to the Senate
and House of Representatives. (Oct. 26, 1970, Pub. L. 91-
510, Sec. 451, 84 Stat. 1193.)
539
539 Sec. 206. Capitol police; appointment; Chief of the Capitol
Police.
There shall be a Capitol police. The captain and
lieutenants shall be selected jointly by the Sergeant at
Arms of the Senate and the Sergeant at Arms of the House of
Representatives; and one-half of the privates shall be
selected by the Sergeant at Arms of the Senate and one-half
by the Sergeant at Arms of the House of Representatives. The
Capitol Police shall be headed by a Chief who shall be
appointed by the Capitol Police Board and shall serve at the
pleasure of the Board. (R.S. Sec. 1821; Apr. 28, 1902, ch.
594, Sec. 1, 32 Stat. 124; June 28, 1943, ch. 173, Sec. 101,
57 Stat. 230; Dec. 20, 1979, Pub. L. 96-152, Sec. 1(a), 93
Stat. 1099.)
[[Page 829]]
539.1
539.1 Sec. 206c. Emergency duty overtime pay for Capitol Police
from funds disbursed by Secretary of the Senate;
compensatory time off in place of additional pay;
election, accrual and transfer of time off; rules and
regulations.
Each officer or member of the Capitol Police force whose
compensation is disbursed by the Secretary of the Senate,
who performs duty in addition to the number of hours of his
regularly scheduled tour of duty for any day on or after
July 1, 1974, is entitled to be paid compensation (when
ordered to perform such duty by proper authority) or receive
compensatory time off for each such additional hour of duty,
except that an officer shall be entitled to such
compensation only upon a determination made by the Capitol
Police Board with respect to any additional hours.
Compensation of an officer or member for each additional
hour of duty shall be paid at a rate equal to his hourly
rate of compensation in the case of an officer, and at a
rate equal to one and one-half times his hourly rate of
compensation for a member of such force. The hourly rate of
compensation of such officer or member shall be determined
by dividing his annual rate of compensation by 2,080. Any
officer or member entitled to be paid compensation for such
additional hours shall make a written election, which is
irrevocable, whether he desires to be paid that compensation
or to receive compensatory time off instead for each such
hour. Compensation due officers and members under this
paragraph shall be paid by the Secretary, upon certification
by the Chief of the Capitol Police at the end of each
calendar quarter and approval of the Capitol Police Board,
from funds available in the Senate appropriation,
``Salaries, Officers and Employees'' for the fiscal year in
which the additional hours of duty are performed without
regard to the limitations specified therein. Any
compensatory time off accrued and not used by an officer or
member at the time he is separated from service on the
Capitol Police force may not be transferred to any other
department, agency, or establishment of the United States
Government or the government of the District of Columbia,
and no lump-sum amount shall be paid for such accrued time.
The Capitol Police Board is authorized to prescribe
regulations to carry out this section. (Pub. L. 92-51,
Sec. 101, July 9, 1971; 85 Stat. 130, amended Pub. L. 93-
145, Sec. 101, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-371,
Sec. 101(5), Aug. 13, 1974, 88 Stat. 430.)
540
540 Sec. 207. Payment of Capitol Police.
The said police shall be paid on the order of the
Sergeant at Arms of the Senate and the Sergeant at Arms of
the House, or of either of them. (R.S. Sec. 1822.)
540a
540a Sec. 207a. Unified payroll administration for Capitol
Police.
Payroll administration for the Capitol Police and
civilian support personnel of the Capitol Police shall be
carried out on a unified basis by a single disbursing
authority. The Capitol Police Board, with the approval of
the Committee on House Oversight of the House of
Representatives and the Committee on Rules and
Administration of the Senate, acting jointly, shall, by
contract or otherwise, provide for such unified payroll
administration. (July 31, 1946, ch. 707, Sec. 9C, as added
Oct. 6, 1992, Pub. L. 102-397, Title I, Sec. 102, 106 Stat.
1950; Pub. L. 104-186, Title II, Sec. 221(12), Aug. 21,
1996, 110 Stat. 1750.)
[[Page 830]]
Note
Effective Date
Section 104 of Pub. L. 102-397, as amended Pub. L. 102-
392, Title III, Sec. 321, Oct. 6, 1992, 106 Stat. 1726,
provided that: ``The unified payroll administration under
the amendment made by section 102 [enacting this section]
shall apply with respect to pay periods beginning after
September 30, 1993.''
541
541 Sec. 208. Suspension of Capitol Police members.
The captain of the Capitol police may suspend any member
of the force, subject to the approval of the two Sergeants
at Arms and of the Architect of the Capitol. (R.S.
Sec. 1823; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
542
542 Sec. 209. Pay of Capitol Police members under suspension.
Whenever a member of the Capitol police or watch force
is suspended from duty for cause, said policeman or watchman
shall receive no compensation for the time of such
suspension if he shall not be reinstated. (Mar. 3, 1875, ch.
129, Sec. 1, 18 Stat. 345.)
543
543 Sec. 210. Uniform; belts and arms; Capitol Police.
The Sergeant at Arms of the Senate and the Sergeant at
Arms of the House of Representatives shall select and
regulate the pattern for a uniform for the Capitol police
and watchmen, and furnish each member of the force with the
necessary belts and arms, payable out of the contingent fund
of the Senate and House of Representatives upon the
certificate of the officers above named. Such arms so
furnished shall be carried by each officer and member of the
Capitol Police, while in the Capitol Building (as defined in
section 16(a)(1) of the Act of July 31, 1946, as amended (40
U.S.C. 193m)), and while within or outside of the boundaries
of the United States Capitol Grounds (as defined in the
first section of the Act of July 31, 1946, as amended (40
U.S.C. 193a)), in such manner and at such times as the
Sergeant at Arms of the Senate and the Sergeant at Arms of
the House of Representatives may, by regulations, prescribe.
(R.S. Sec. 1824; Oct. 31, 1972, Pub. L. 92-607, Sec. 507, 86
Stat. 1508; May 4, 1977, Pub. L. 95-26, Sec. 112, 91 Stat.
87.)
544
544 Sec. 211. Uniform; at whose expense; Capitol Police.
The members of the Capitol police shall furnish at their
own expense, each his own uniform, which shall be in exact
conformity to that required by regulation of the Sergeants
at Arms. (R.S. Sec. 1825.)
545
545 Sec. 212. Wearing uniform on duty; Capitol Police.
The officers, privates, and watchmen of the Capitol
police shall, when on duty, wear the regulation uniform.
(Mar. 18, 1904, ch. 716, Sec. 1, 33 Stat. 89.)
546
546 Sec. 212a. Policing of Capitol buildings and grounds; powers
of Capitol police; arrests by Capitol Police for crimes
of violence; arrests by District of Columbia police.
The Capitol Police shall police the United States
Capitol Buildings and Grounds under the direction of the
Capitol Police Board, consisting of the Sergeant at Arms of
the United States Senate, the Sergeant at Arms of the House
of Representatives, and the Architect of the Capitol, and
shall have the power to enforce the provisions of sections
[[Page 831]]
193a to 193m, 212a, 212a-2, and 212b of this title and
regulations promulgated under section 212b of this title,
and to make arrests within the United States Capitol
Buildings and Grounds for any violations of any law of the
United States, of the District of Columbia, or of any State,
or any regulation promulgated pursuant thereto: Provided,
That for the fiscal year for which appropriations are made
by this Act the Capitol Police shall have the additional
authority to make arrests within the District of Columbia
for crimes of violence, as defined in section 16 of title
18, committed within the Capitol Buildings and Grounds and
shall have the additional authority to make arrests, without
a warrant, for crimes of violence, as defined in section 16
of title 18, committed in the presence of any member of the
Capitol Police performing official duties: Provided further,
That the Metropolitan Police force of the District of
Columbia are authorized to make arrests within the United
States Capitol Buildings and Grounds for any violation of
any such laws or regulations, but such authority shall not
be construed as authorizing the Metropolitan Police force,
except with the consent or upon the request of the Capitol
Police Board, to enter such buildings to make arrests in
response to complaints or to serve warrants or to patrol the
United States Capitol Buildings and Grounds. For the purpose
of this section, the word ``grounds'' shall include the
House Office Buildings parking areas and that part or parts
of property which have been or hereafter are acquired in the
District of Columbia by the Architect of the Capitol, or by
an officer of the Senate or the House, by lease, purchase,
intergovernment transfer, or otherwise, for the use of the
Senate, the House, or the Architect of the Capitol. (July
31, 1946, ch. 707, Sec. 9, 60 Stat. 719; Dec. 24, 1973, Pub.
L. 93-198, title VII, Sec. 739(g)(4), (5), 87 Stat. 829;
Pub. L. 101-520, Nov. 5, 1990, 104 Stat. 2264; Pub. L. 102-
392, Title III, Sec. 310, Oct. 6, 1992, 106 Stat. 1723; Pub.
L. 102-397, Title I, Sec. 103, Oct. 6, 1992, 106 Stat.
1950.)
546.1
546.1 Sec. 212a-1. Capitol grounds and Library of Congress
grounds; detail of police.
The Capitol Police Board is authorized to detail police
from the House Office, Senate Office, and Capitol Buildings
for police duty on the Capitol Grounds and on the Library of
Congress Grounds. (Pub. L. 96-432, Sec. 5, Oct. 10, 1980, 94
Stat. 1853.)
546.2
546.2 Sec. 212a-2. Protection of Members of Congress, officers of
Congress, and members of their families.
(a) Authority of the Capitol Police.
Subject to the direction of the Capitol Police Board,
the United States Capitol Police is authorized to protect,
in any area of the United States, the person of any Member
of Congress, officer of the Congress, as defined in section
60-1(b) of Title 2, and any member of the immediate family
of any such Member or officer, if the Capitol Police Board
determines such protection to be necessary.
(b) Detail of police.
In carrying out its authority under this section, the
Capitol Police Board, or its designee, is authorized, in
accordance with regulations issued by the Board pursuant to
this section, to detail, on a case-by-case basis, members of
the United States Capitol Police to provide such protection
as the Board may determine necessary under this section.
[[Page 832]]
(c) Arrest of suspects.
In the performance of their protective duties under this
section, members of the United States Capitol Police are
authorized (1) to make arrests without warrant for any
offense against the United States committed in their
presence, or for any felony cognizable under the laws of the
United States if they have reasonable grounds to believe
that the person to be arrested has committed or is
committing such felony; and (2) to utilize equipment and
property of the Capitol Police.
(d) Fines and penalties.
Whoever knowingly and willfully obstructs, resists, or
interferes with a member of the Capitol Police engaged in
the performance of the protective functions authorized by
this section, shall be fined not more than $300 or
imprisoned not more than one year, or both.
(e) Construction of provisions.
Nothing contained in this section shall be construed to
imply that the authority, duty, and function conferred on
the Capitol Police Board and the United States Capitol
Police are in lieu of or intended to supersede any
authority, duty, or function imposed on any Federal
department, agency, bureau, or other entity, or the
Metropolitan Police of the District of Columbia, involving
the protection of any such Member, officer, or family
member.
(f) ``United States'' defined.
As used in this section, the term ``United States''
means each of the several States of the United States, the
District of Columbia, and territories and possessions of the
United States. (Pub. L. 97-143, Sec. 1(a), Dec. 29, 1981, 95
Stat. 1723.)
Note
Supplemental Appropriations Act, 1977, Pub. L. 95-26,
chapter VIII, Sec. 113.91 Stat. 87, provided:
``Sec. 113. The Chairman of the Capitol Police Board is
authorized, subject to such conditions as he may impose, to
authorize the assignment of a police motor vehicle for use
by instructor personnel of the Capital Police Force while
assigned to the Federal Law Enforcement Training Center.''
Cross Reference
For the definition of Capitol Buildings, see section
193m of this title. (Senate Manual section 538.)
547
547 Sec. 212a-3. Law enforcement authority of Capitol Police
oversight.
(a) Scope.
Subject to such regulations as may be prescribed by the
Capitol Police Board and approved by the Committee on House
Oversight of the House of Representatives and the Committee
on Rules and Administration of the Senate, a member of the
Capitol Police shall have authority to make arrests and
otherwise enforce the laws of the United States, including
the laws of the District of Columbia--
(1) within the District of Columbia, with
respect to any crime of violence committed
within the United States Capitol Grounds;
[[Page 833]]
(2) within the District of Columbia, with
respect to any crime of violence committed in
the presence of the member, if the member is in
the performance of official duties when the
crime is committed;
(3) within the District of Columbia, to
prevent imminent loss of life or injury to
person or property, if the officer is in the
performance of official duties when the
authority is exercised; and
(4) within the area described in subsection
(b) of this section.
(b) Area.
The area referred to in subsection (a)(4) of this
section is that area bounded by the north curb of H Street
from 3rd Street, N.W. to 7th Street, N.E., the east curb of
7th Street from H Street, N.E., to M Street, S.E., the south
curb of M Street from 7th Street, S.E., to 1st Street, S.E.,
the east curb of 1st Street from M Street, S.E., to Potomac
Avenue S.E., the southeast curb of Potomac Avenue from 1st
Street, S.E. to South Capitol Street, S.W., the west curb of
South Capitol Street from Potomac Avenue, S.W. to P Street,
S.W., the north curb of P Street from South Capitol Street,
S.W. to 3rd Street, S.W., and the west curb of 3rd Street
from P Street, S.W. to H Street, N.W.
(c) Authority of Metropolitan Police force unaffected.
This section does not affect the authority of the
Metropolitan Police force of the District of Columbia with
respect to the area described in subsection (b) of this
section.
(d) ``Crime of violence'' defined.
As used in this section, the term ``crime of violence''
has the meaning given that term in section 16 of title 18.
(July 31, 1946, ch. 707, Sec. 9B, as added Oct. 6, 1992,
Pub. L. 102-397, Title I, Sec. 101, 106 Stat. 1949; Aug. 20,
1996, Pub. L. 104-186, Title II, Sec. 221(13), 110 Stat.
1750.)
547.1
547.1 Sec. 212b. Regulation of traffic by Capitol Police Board.
(a) The Capitol Police Board, consisting of the Sergeant
at Arms of the United States Senate, the Sergeant at Arms of
the House of Representatives, and the Architect of the
Capitol, shall have exclusive charge and control of the
regulation and movement of all vehicular and other traffic,
including the parking and impounding of vehicles and
limiting the speed thereof, within the United States Capitol
Grounds; and said Board is authorized and empowered to make
and enforce all necessary regulations therefor and to
prescribe penalties for violation of such regulations, such
penalties not to exceed a fine of $300 or imprisonment for
not more than ninety days. Notwithstanding the foregoing
provisions of this section those provisions of the Superior
Court of the District of Columbia Traffic Act of 1925, as
amended, for the violation of which specific penalties are
provided in said Act, as amended, shall be applicable to the
United States Capitol Grounds. Prosecutions for violation of
such regulations shall be in the Superior Court of the
District of Columbia, upon information by the Corporation
Counsel of the District of Columbia or any of his
assistants.
547.2
547.2 (b) Regulations authorized to be promulgated under this
section shall be promulgated by the Capitol Police Board and
such regulations may be amended from time to time by the
Capitol Police Board whenever it shall deem it necessary:
Provided, That until such regulations are
[[Page 834]]
promulgated and become effective, the traffic regulations of
the District of Columbia shall be applicable to the United
States Capitol Grounds.
547.3
547.3 (c) All regulations promulgated under the authority of
this section shall, when adopted by the Capitol Police
Board, be printed in one or more of the daily newspapers
published in the District of Columbia, and shall not become
effective until the expiration of ten days after the date of
such publication, except that whenever the Capitol Police
Board deems it advisable to make effective immediately any
regulation relating to parking, diverting of vehicular
traffic, or the closing of streets to such traffic, the
regulation shall be effective immediately upon placing at
the point where it is to be in force conspicuous signs
containing a notice of the regulation. Any expenses incurred
under this subsection shall be payable from the
appropriation ``Uniforms and Equipment, Capitol Police''.
547.4
547.4 (d) It shall be the duty of the Commissioners of the
District of Columbia, or any officer or employee of the
government of the District of Columbia designated by said
Commissioners, upon request of the Capitol Police Board, to
cooperate with the Board in the preparation of the
regulations authorized to be promulgated under this section,
and any future amendments thereof. (July 31, 1946, ch. 707,
Sec. 14, 60 Stat. 720; July 11, 1947, ch. 211, Secs. 1, 2,
61 Stat. 308; July 8, 1963, Pub. L. 88-60, 77 Stat. 78; Dec.
24, 1973, Pub. L. 93-198, Title VII, Sec. 739(g)(6), 87
Stat. 829.)
548
548 [Omitted.]
549
549 Sec. 214. Protection of grounds.
It shall be the duty of the Capitol police to prevent
any portion of the Capitol Grounds and terraces from being
used as playgrounds or otherwise, so far as may be necessary
to protect the public property, turf and grass from
destruction or injury. (Apr. 29, 1876, ch. 86, 19 Stat. 41.)
549a
549a [Omitted.]
549b
549b Sec. 214b. Designation of Capitol grounds as play area for
children of Members and employees of Senate or House of
Representatives.
(a) Authority of Capitol Police Board.
Notwithstanding any other provision of law and subject
to the provisions of paragraph (1) of subsection (b) of this
section, the Capitol Police Board is authorized to designate
certain portions of the Capitol grounds (other than a
portion within the area bounded on the North by Constitution
Avenue, on the South by Independence Avenue, on the East by
First Street, and on the West by First Street) for use
exclusively as play areas for the benefit of children
attending a day care center which is established for the
primary purpose of providing child care for the children of
Members and employees of the Senate or the House of
Representatives.
(b) Required approval; fences; termination of authority.
(1) In the case of any such designation referred to in
subsection (a) of this section involving a day care center
established for the benefit of children of Members and
employees of the Senate, the designation
[[Page 835]]
shall be with the approval of the Senate Committee on Rules
and Administration, and in the case of such a center
established for the benefit of children of Members and
employees of the House of Representatives, the designation
shall be with the approval of the House Committee on House
Oversight, with the concurrence of the House Office Building
Commission.
(2) The Architect of the Capitol shall enclose with a
fence any area designated pursuant to subsection (a) of this
section as a play area.
(3) The authority to use an area designated pursuant to
subsection (a) of this section as a play area may be
terminated at any time by the Committee which approved such
designation.
(c) Playground equipment; required approval.
Nothing in this or any other Act shall be construed as
prohibiting any day care center referred to in subsection
(a) of this section from placing playground equipment within
an area designated pursuant to subsection (a) of this
section for use solely in connection with the operation of
such center, subject to, in the case of a day care center
established for the benefit of children of Members and
employees of the Senate, the approval of the Senate
Committee on Rules and Administration, and in the case of
such a center established for the benefit of children of
Members and employees of the House of Representatives, the
approval of the House Committee on House Oversight, with the
concurrence of the House Office Building Commission.
(d) Day care center.
The day care center referred to in S. Res. 269, Ninety-
eighth Congress, first session, is a day care center for
which space may be designated under subsection (a) of this
section for use as a play area. (Pub. L. 98-392, Sec. 3,
Aug. 21, 1984, 98 Stat. 1362; Pub. L. 104-186, Title II,
Sec. 221(14), Aug. 20, 1996, 110 Stat. 1750.)
549c
549c Sec. 214c. Senate Employee Child Care Center.
(a) Applicability of provisions.
The provisions of this section shall apply to any
individual who is employed by the Senate day care center
(known as the ``Senate Employee Child Care Center'' and
hereafter in this section referred to as the ``Center'')
established pursuant to Senate Resolution 269, Ninety-eighth
Congress, and section 214b of this title.
(b) Employee election of health care insurance coverage.
Any individual described under subsection (a) of this
section who is employed by the Center on or after August 14,
1991, shall be deemed an employee under section 8901(1) of
title 5, for purposes of health insurance coverage under
chapter 89 of such title 5. An individual described under
subsection (a) of this section who is an employee of the
Center on August 14, 1991, may elect coverage under this
subsection during the 31-day period beginning on August 14,
1991, and during such periods as determined by the Office of
Personnel Management for employees of the Center employed
after such date.
(c) Deductions and withholding from employee pay.
The Center shall make such deductions and withholdings
from the pay of an individual described under subsection (a)
of this section who
[[Page 836]]
is an employee of the Center in accordance with subsection
(d) of this section.
(d) Employee records; amount of deductions.
The Center shall--
(1) maintain records on all employees
covered under this section in such manner as the
Secretary of the Senate may require for
administrative purposes; and
(2) after consultation with the Secretary of
the Senate--
(A) make deductions from the pay of
employees of amounts determined in
accordance with section 8906 of title 5; and
(B) transmit such deductions to the
Secretary of the Senate for deposit and
remittance to the Office of Personnel
Management.
(e) Government contributions.
Government contributions for individuals receiving
benefits under this section, as computed under section 8906
of title 5, shall be made by the Secretary of the Senate
from the appropriations account, within the contingent fund
of the Senate, ``miscellaneous items''.
(f) Regulations.
The Office of Personnel Management may prescribe
regulations to carry out provisions of this section. (Pub.
L. 102-90, Title III, Sec. 311, Aug. 14, 1991, 105 Stat.
467.)
549d
549d Sec. 214d. Child care center employee benefits.
(a) Election for coverage.
The provisions of this section shall apply to any
individual who--
(1)(A) On October 6, 1992, is employed by
the Senate day care center (known as the
``Senate Employee Child Care Center'')
established pursuant to Senate Resolution 269,
Ninety-eighth Congress, and section 214b of this
title; and
(B) makes an election to be covered by this
section with the Secretary of the Senate, no
later than 60 days after October 6, 1992; or
(2) is hired by the Center after October 6,
1992, and makes an election to be covered by
this section with the Secretary of the Senate,
no later than 60 days after the date such
individual begins employment.
(b) Payment of deposit; payroll deduction.
(1) Any individual described under subsection (a) of
this section may be credited, under section 8411 of title 5
for service as an employee of the Senate day care center
before January 1, 1993, if such employee makes a payment of
the deposit under section 8411(f)(2) of such title without
application of the provisions of section 8411(b)(3) of such
title.
(2) An individual described under subsection (a) of this
section shall be credited under section 8411 of title 5 for
any service as an employee of the Senate day care center on
or after October 6, 1992, if such employee has such amounts
deducted and withheld from his pay as determined by the
Office of Personnel Management (in accordance with
regulations prescribed by such Office subject to subsection
(h) of this
[[Page 837]]
section) which would be deducted and withheld from the basic
pay of an employee under section 8422 of title 5.
(c) Survivor annuities and disability benefits.
Notwithstanding any other provision of this section, any
service performed by an individual described under
subsection (a) of this section as an employee of the Senate
day care center is deemed to be civilian service creditable
under section 8411 of title 5 for purposes of qualifying for
survivor annuities and disability benefits under subchapters
IV and V of chapter 84 of such title, if such individual
makes payment of an amount, determined by the Office of
Personnel Management, which would have been deducted and
withheld from the basic pay of such individual if such
individual had been an employee subject to section 8422 of
title 5 for such period so credited, together with interest
thereon.
(d) Participation in Thrift Savings Plan.
An individual described under subsection (a) of this
section shall be deemed a congressional employee for
purposes of chapter 84 of title 5 including subchapter III
thereof and may make contributions under section 8432 of
such title effective for the first applicable pay period
beginning on or after October 6, 1992.
(e) Life insurance coverage.
An individual described under subsection (a) of this
section shall be deemed an employee under section 8701(a)(3)
of title 5 for purposes of life insurance coverage under
chapter 87 of such title.
(f) Source of contributions for benefits.
Government contributions for individuals receiving
benefits under this section, as computed under sections
8423, 8432, and 8708, shall be made by the Secretary of the
Senate from the appropriations account, within the
contingent fund of the Senate, ``Miscellaneous Items''.
(g) Certification of creditable service.
The Office of Personnel Management shall accept the
certification of the Secretary of the Senate concerning
creditable service for the purpose of this section.
(h) Payment to Center of amounts equal to Federal tax on
employers.
(1) Subject to the provisions of paragraph (2), the
Secretary of the Senate shall pay such amounts to the Senate
day care center equal to the tax on employers under section
3111 of the Internal Revenue Code of 1986 with respect to
each employee of the Senate day care center. Such payments
shall be made from the appropriations account, within the
contingent fund of the Senate, ``Miscellaneous Items''.
(2) The Senate day care center shall provide appropriate
documentation to the Secretary of the Senate of payment by
such center of the tax described under paragraph (1), before
the Secretary of the Senate may pay any amount to such
center as provided under paragraph (1).
(i) Administrative provisions.
The Center shall--
(1) consult with the Secretary of the Senate
on the administration of this section;
[[Page 838]]
(2) maintain records on all employees
covered under this section in such manner as the
Secretary of the Senate may require for
administrative purposes;
(3) make deductions and withholdings from
the pay of employees in the amounts determined
under sections 8422, 8432, and 8707 of title 5;
and
(4) transmit such deductions and
withholdings to the Secretary of the Senate for
deposit and remittance to the Office of
Personnel Management.
(j) Regulations.
The Office of Personnel Management may prescribe
regulations to carry out the provisions of this section.
(Pub. L. 102-392, Title III, Sec. 320, Oct. 6, 1992, 106
Stat. 1725; Pub. L. 103-50, Sec. 1203, July 2, 1993, 107
Stat. 268.)
550
550 Sec. 215. Supervision of Botanical Garden.
The supervision of the Capitol police shall extend over
the Botanical Garden. (R.S. Sec. 1826.)
551
551 Sec. 216. Superintendent, etc., of Botanical Garden and
greenhouses.
There shall be a superintendent and assistants in the
Botanical Garden and greenhouses, who shall be under the
direction of the Joint Committee on the Library. (R.S.
Sec. 1827.)
552
552 Sec. 216a. Restriction on use of appropriation for Botanical
Garden.
On and after July 31, 1958, no part of any appropriation
for the Botanic Garden shall be used for the distribution,
by congressional allotment, of trees, plants, shrubs, or
other nursery stock. (July 31, 1958, Pub. L. 85-570,
Sec. 101, 72 Stat. 450.)
553
553 Sec. 223. Capitol Grounds shuttle service; purchase, etc.,
of vehicles.
Funds appropriated for the Capitol Grounds after October
1, 1976, shall be available for the purchase or rental,
maintenance and operation of passenger motor vehicles to
provide shuttle service for Members and employees of
Congress to and from the buildings in the Legislative group.
(Pub. L. 94-440, Title VI, Sec. 601, Oct. 1, 1976, 90 Stat.
1453.)
Chapter 18.--NATIONAL VISITOR CENTER FACILITIES
Part A.--National Visitor Center
554
554 Sec. 801. National Visitor Center; designation; parking
facility; authorization of agreements and leases for use
of Union Station.
* * * * * * *
Note
Capitol Grounds; Erection of Flagpoles and Improvement
of Traffic. Pub. L. 94-320, June 25, 1976, 90 Stat. 711,
provided:
That, subject to the approval of the Architect of the
Capitol and to such conditions as he may prescribe, the
Secretary of the Interior is authorized to make such use of
that portion of the United States Capitol Grounds adjacent
or in close proximity to the sidewalks abutting the circular
perimeter of the Union Station Plaza in front of Columbus
Plaza and the National Visitor Center as may be necessary to
enable
[[Page 839]]
the Secretary of the Interior to erect and maintain
flagpoles to fly the flags of each of the States of the
United States and its territories and possessions, generally
as shown on NCPC Map File Numbered 1.11 (38.00)-27861.
Sec. 2. (a) Notwithstanding any other provision of law,
the Architect of the Capitol is authorized, subject to the
provisions of this Act and to such conditions as the
Architect of the Capitol may prescribe, to enter into an
agreement with the appropriate officials of the government
of the District of Columbia pursuant to which the Architect
of the Capitol is authorized to permit the government of the
District of Columbia to utilize certain areas of the United
States Capitol Grounds for the purpose of making certain
street changes in order to coordinate and improve the flow
of traffic to and from the United States Capitol Grounds and
the National Visitor Center (formerly Union Station), and
the flow of traffic within Union Station Plaza.
(b) Pursuant to such agreement, the Architect of the
Capitol is authorized to make available to the government of
the District of Columbia, for the purposes referred to in
subsection (a), certain portions of the United States
Capitol Grounds as follows:
(1) approximately two thousand one hundred
square feet of land in Square 680, at the east
end thereof, located within the United States
Capitol Grounds adjacent to the Union Station
Plaza, Massachusetts Avenue, and E Street
Northeast, in order to enable the government of
the District of Columbia to carry out the
purposes referred to in subsection (a) of this
section, and to change the curbline, and
relocate existing sidewalks and curbs, to
conform to such street change;
(2) approximately three thousand five
hundred square feet of land in Square 723, at
the northwest end thereof, located within the
United States Capitol Grounds adjacent to the
Union Station Plaza, First Street, and
Massachusetts Avenue Northeast, in order to
enable the government of the District of
Columbia to carry out the purposes referred to
in subsection (a) of this section, and to change
the curbline, and relocate existing sidewalks
and curbs, to conform to such street change; and
(3) approximately four hundred square feet
of land in Square 721, at the southwest end
thereof, located within the United States
Capitol Grounds adjacent to the Union Station
Plaza and Massachusetts Avenue Northeast, in
order to enable the government of the District
of Columbia to carry out the purposes referred
to in subsection (a) of this section, and to
change the curbline, and relocate existing
sidewalks and curbs, to conform to such street
change.
Sec. 3. Nothing in this Act shall be construed to grant
to the Secretary of the Interior or to the government of the
District of Columbia any right, title, or interest in or to
any part of the United States Capitol Grounds and such area
affected by this Act or any agreement pursuant thereto shall
continue to be a part of the United States Capitol Grounds.
All areas of the United States Capitol Grounds, including
sidewalks, lawns and other growth, streets, and curblines,
disturbed by reason of operations pursuant to this Act shall
be promptly relocated or restored by the Secretary of the
Interior or the government of the District of Columbia, as
the case may be, in a manner approved by, and satisfactory
to the Architect of the Capitol.
[[Page 840]]
Sec. 4. The Congress shall not incur any expense,
liability, obligation, or other responsibility (operational
or otherwise), under or by reason of this Act, or any
agreement pursuant to this Act, or be liable under any claim
or any nature or kind that may arise from either the
construction, operation, or maintenance of the flagpoles
authorized by this Act, or from carrying out any agreement
pursuant to this Act.
Subchapter III.--Capitol Visitor Center
556
556 Sec. 831. Capitol educational and information center and
information and distribution stations; operation
agreements.
Notwithstanding any other provision of law, the
Architect of the Capitol, in consultation with the House
Office Building Commission and the Senate Office Building
Commission, is hereby authorized and directed to provide
adequate space and facilities in the Capitol Building for an
educational and informational center and information and
distribution stations to afford visitors to the Capitol
Building an opportunity to acquire (1) information relative
to Congressional offices, (2) assistance relative to their
visit to the Capitol, (3) pamphlets, books, drawings, slides
and photographs, and related materials, and (4) information
about the Capitol and the history of the Capitol Building
and past and present Congresses. All materials distributed
by such educational and informational center and such
stations shall first be approved by the Architect of the
Capitol, after consultation with the House Committee on
House Oversight of the House of Representatives, the Senate
Committee on Rules and Administration, the United States
Capitol Historical Society, and such other educational and
historical groups as the Architect of the Capitol deems
appropriate. The Architect of the Capitol is hereby
authorized to enter into such agreements as may be
reasonably necessary to operate such educational and
informational center and stations. (Mar. 12, 1968, Pub. L.
90-264, Sec. 301, 82 Stat. 46; Aug. 20, 1996, Pub. L. 104-
186, Title II, Sec. 221(16), 110 Stat. 1750.)
Subchapter IV.--Capitol Guide Service
558
558 Sec. 851. Capitol Guide Service.
558.1
558.1 (a) Establishment; designation; Supervision of Capitol Guide
Board; membership of Board.
There is hereby established an organization under the
Congress of the United States, to be designated the
``Capitol Guide Service'', which shall be subject to the
direction, supervision, and control of a Capitol Guide Board
consisting of the Architect of the Capitol, the Sergeant at
Arms of the Senate, and the Sergeant at Arms of the House of
Representatives.
558.2
558.2 (b) Guided tours; regulations.
The Capitol Guide Service is authorized and directed to
provide guided tours of the interior of the United States
Capitol Building for the education and enlightenment of the
general public, without charge for such tours. All such
tours shall be conducted in compliance with regulations
prescribed by the Capitol Guide Board.
[[Page 841]]
558.3
558.3 (c) Duties of Capitol Guide Board; positions of guide in
Capitol Guide Service; establishment and revision;
Chief, Deputy Chief, and Assistant Chief Guide and
Guides: appointment, duties, pay and termination of
employment.
The Capitol Guide Board is authorized--
(1) with the prior approval of the Committee
on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives, to establish and revise such
number of positions of Guide in the Capitol
Guide Service as the Board considers necessary
to carry out effectively the activities of the
Capitol Guide Service;
(2) to appoint, on a permanent basis,
without regard to political affiliation, and
solely on the basis of fitness to perform their
duties, a Chief Guide, a Deputy Chief Guide, and
an Assistant Chief Guide, and, in addition, such
number of Guides as may be authorized under
subparagraph (1) of this subsection;
(3) to prescribe their duties and
responsibilities;
(4) with the prior approval of the Committee
on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives, to fix, and adjust from time to
time, their respective rates of pay at single
per annum (gross) rates; and
(5) to terminate their employment as the
Board considers appropriate.
558.4
558.4 (d) Uniforms.
The Capitol Guide Board shall--
(1) prescribe a uniform dress, including
appropriate insignia, which shall be worn by
personnel of the Capitol Guide Service when on
duty; and
(2) from time to time, as may be necessary,
procure and furnish such uniforms to such
personnel without charge to such personnel.
558.5
558.5 (e) Acceptance of fees; prohibition.
An employee of the Capitol Guide Service shall not
charge or accept any fee, or accept any gratuity, for or on
account of his official services.
558.6
558.6 (f) Personnel detail.
The Capitol Guide Board may detail personnel of the
Capitol Guide Service to assist the United States Capitol
Police by providing ushering and informational services, and
other services not directly involving law enforcement, in
connection with the inauguration of the President and Vice
President of the United States, the official reception of
representatives of foreign nations and other persons by the
Senate or House of Representatives, and other special or
ceremonial occasions in the United States Capitol Building
or on the United States Capitol Grounds which require the
presence of additional Government personnel and which cause
the temporary suspension of the performance of the regular
duties of the Capitol Guide Service.
558.7
558.7 (g) Historical and educational information.
The Capitol Guide Board may receive and consider advice
and information from any private historical or educational
organization, association, or society with respect to those
operations of the Capitol Guide Service
[[Page 842]]
which involve the furnishing of historical and educational
information to the general public.
558.8
558.8 (h) Regulations for operation of service.
With the prior approval of the Committee on Rules and
Administration of the Senate and the Committee on House
Administration of the House of Representatives, the Capitol
Guide Board shall prescribe such regulations as the Board
considers necessary and appropriate for the operation of the
Capitol Guide Service.
558.9
558.9 (i) Disciplinary action.
The Capitol Guide Board may take appropriate
disciplinary action, including, when circumstances warrant,
suspension from duty without pay, reduction in pay,
demotion, or removal from employment with the Capitol Guide
Service, against any employee who violates any provision of
this section or any regulation prescribed by the Board
pursuant to this section.
558.10
558.10 (j) Volunteers.
(1) Notwithstanding section 1342 of title 31, the
Capitol Guide Service is authorized to accept voluntary
personal services.
(2) No person shall be permitted to donate personal
services under this subsection unless the person has first
agreed, in writing, to waive any claim against the United
States arising out of or in connection with such services,
other than a claim under chapter 81 of title 5.
(3) No person donating personal services under this
section shall be considered an employee of the United States
for any purposes other than for purposes of chapter 81 of
title 5.
(4) In no case shall the acceptance of personal services
under this section result in the reduction of pay or
displacement of any employee of the Capitol Guide Service.
(As amended Pub. L. 104-186, Title II, Sec. 221(17), Aug.
20, 1996, 110 Stat. 1750; Pub. L. 104-279, Oct. 9, 1996, 110
Stat. 3358.)
Chapter 21.--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE
WORKS
559.1
559.1 Sec. 1001. Purposes.
The purposes of this Act are as follows:
(a) to preserve the integrity of the
comprehensive design of the L'Enfant and
McMillan plans for the Nation's Capital;
(b) to ensure the continued public use and
enjoyment of open space in the District of
Columbia;
(c) to preserve, protect and maintain the
limited amount of open space available to
residents of, and visitors to, the Nation's
Capital; and
(d) to ensure that future commemorative
works in areas administered by the National Park
Service and the General Services Administration
in the District of Columbia and its environs (1)
are appropriately designed, constructed, and
located and (2) reflect a consensus of the
lasting national significance of the subjects
involved.
(Pub. L. 99-652, Sec. 1, Nov. 14, 1986, 100 Stat. 3650.)
559.2
559.2 Sec. 1002. Definitions.
As used in this Act--
[[Page 843]]
(a) the term ``Secretary'' means the
Secretary of the Interior;
(b) the term ``Administrator'' means the
Administrator of the General Services
Administration;
(c) the term ``commemorative work'' means
any statue, monument, sculpture, memorial,
plaque, inscription or other structure or
landscape feature, including a garden or
memorial grove, designed to perpetuate in a
permanent manner the memory of an individual,
group, event or other significant element of
American history. The term does not include any
such item which is located within the interior
of a structure or a structure which is primarily
used for other purposes;
(d) the term ``person'' means a public
agency, and an individual, group or organization
that is described in section 501(c)(3) of title
26 and exempt from tax under section 501(a) of
such title, and which is authorized by Congress
to establish a commemorative work in the
District of Columbia and its environs;
(e) notwithstanding any other provision of
law, the term ``the District of Columbia and its
environs'' means those lands and properties
administered by the National Park Service and
the General Services Administration located in
Areas I and II as depicted on the map numbered
869/86501, and dated May 1, 1986.
(Pub. L. 99-652, Sec. 2, Nov. 14, 1986, 100 Stat. 3650; Pub.
L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1793.)
559.3
559.3 Sec. 1003. Congressional authorization of commemorative
works.
(a) Works on Federal lands.
No commemorative work may be established on Federal
lands referred to in section 1001(d) of this title in the
District of Columbia and its environs unless specifically
authorized by law. All such authorized commemorative works
shall be subject to applicable provisions of this chapter.
(b) Military commemorative works.
A military commemorative work may be authorized only to
commemorate a war or similar major military conflict or to
commemorate any branch of the Armed Forces. No commemorative
work commemorating a lesser conflict or a unit of an Armed
Force shall be authorized. Commemorative works to a war or
similar major military conflict shall not be authorized
until at least 10 years after the officially designated end
of the event.
(c) Works commemorating events, individuals, or groups.
A commemorative work commemorating an event,
individual, or group of individuals, other than a military
commemorative work as described in subsection (b) of this
section, shall not be authorized until after the 25th
anniversary of the event, death of the individual, or death
of the last surviving member of the group.
(d) Consultation with National Capital Memorial Commission.
In considering legislation authorizing commemorative
works within the District of Columbia and its environs, the
Committee on House Oversight of the House of Representatives
and the Energy and Natural Resources Committee of the Senate
shall solicit the views of the National Capital Memorial
Commission. (Pub. L. 99-652, Sec. 3, Nov. 14, 1986, 100
[[Page 844]]
Stat. 3651, amended Pub. L. 100-202, Sec. 101(f) [Title II,
Sec. 3], Dec. 22, 1987, 101 Stat. 1329-196; Pub. L. 100-230,
Sec. 3, Jan. 5, 1988, 101 Stat. 1564; Pub. L. 103-321,
Sec. 2, Aug. 26, 1994, 108 Stat. 1794; Pub. L. 104-186,
Title II, Sec. 221(18) Aug. 20, 1996, 110 Stat. 1750.)
559.4
559.4 Sec. 1004. National Capital Memorial Commission.
(a) The National Capital Memorial Advisory Committee as
established by the Secretary is redesignated as the National
Capital Memorial Commission. The membership of the
Commission shall be expanded to include:
Director, National Park Service (Chairman)
Architect of the Capitol
Chairman, American Battle Monuments
Commission
Chairman, Commission of Fine Arts
Chairman, National Capital Planning
Commission
Mayor, District of Columbia
Commissioner, Public Building Service,
General Services Administration
Secretary, Department of Defense
(b) The National Capital Memorial Commission shall
advise the Secretary and the Administrator on policy and
procedures for establishment of (and proposals to establish)
commemorative works in the District of Columbia and its
environs, as well as such other matters concerning
commemorative works in the Nation's Capital as it may deem
appropriate. The Commission shall meet at least twice
annually. (Pub. L. 99-652, Sec. 4, Nov. 14, 1986, 100 Stat.
3651.)
559.5
559.5 Sec. 1005. Availability of map depicting Area I and Area II.
The Secretary and the Administrator shall make
available, for public inspection at appropriate offices of
the National Park Service and the General Services
Administration, the map numbered 869/86501, and dated May 1,
1986. (Pub. L. 99-652, Sec. 5, Nov. 14, 1986, 100 Stat.
3651.)
559.6
559.6 Sec. 1006. Specific conditions applicable to Areas I and II.
(a) Area I.--The Secretary or Administrator (as
appropriate) may, after seeking the advice of the National
Capital Memorial Commission, recommend the location of a
commemorative work in Area I only if the Secretary or
Administrator (as appropriate) determines that the subject
of the commemorative work is of preeminent historical and
lasting significance to the Nation. The Secretary or
Administrator (as appropriate) shall notify the National
Capital Memorial Commission and the committees of Congress
specified in section 3(b) of the recommendation by the
Secretary or Administrator (as appropriate) that a
commemorative work should be located in Area I. The location
of a commemorative work in Area I shall be deemed not
authorized, unless, not later than 150 calendar days after
such notification, the recommendation is approved by law.
(b) Area II.--Commemorative works of subjects of lasting
historical significance to the American people may be
located in Area II. (Pub. L. 99-652, Sec. 6, Nov. 14, 1986,
100 Stat. 3651; Pub. L. 103-321, Sec. 2, Aug. 26, 1994, 108
Stat. 1794.)
[[Page 845]]
559.7
559.7 Sec. 1007. Site and design approval.
(a) Any person authorized by law to establish a
commemorative work in the District of Columbia and its
environs shall comply with each of the following
requirements before requesting the permit for the
construction of the commemorative work:
(1) Such person shall consult with the
National Capital Memorial Commission regarding
the selection of alternative sites and designs
for the commemorative work.
(2) Following consultation in accordance
with paragraph (1), the Secretary or
Administrator (as appropriate) shall submit, on
behalf of such person, site and design proposals
to the Commission on Fine Arts and the National
Capital Planning Commission for their approval.
(b) In considering site and design proposals, the
Commission on Fine Arts, the National Capital Planning
Commission and the Secretary and Administrator shall be
guided by, but not limited by, the following criteria:
(1) to the maximum extent possible, a
commemorative work shall be located in
surroundings that are relevant to the subject of
the commemorative work;
(2) a commemorative work shall be so located
as to prevent interference with, or encroachment
upon, any existing commemorative work and to
protect, to the maximum extent practicable, open
space and existing public use; and
(3) a commemorative work shall be
constructed of durable material suitable to the
outdoor environment. Landscape features of
commemorative works shall be compatible with the
climate. (Pub. L. 99-652, Sec. 7, Nov. 14, 1986,
100 Stat. 3652; Pub. L. 103-321, Sec. 2(d), Aug.
26, 1994, 108 Stat. 1794.)
559.8
559.8 Sec. 1008. Criteria for issuance of construction permit.
(a) Issuance of construction permit.
Prior to issuing a permit for the construction of a
commemorative work in the District of Columbia and its
environs, the Secretary or Administrator (as appropriate)
shall determine that:
(1) the site and design have been approved
by the Secretary or Administrator (as
appropriate), the National Capital Planning
Commission and the Commission on Fine Arts;
(2) knowledgeable persons qualified in the
field of preservation and maintenance have been
consulted to determine structural soundness and
durability of the commemorative work, and to
assure that the commemorative work meets high
professional standards;
(3) the person authorized to construct the
commemorative work has submitted contract
documents for construction of the commemorative
work to the Secretary or Administrator (as
appropriate); and
(4) the person authorized to construct the
commemorative work has available sufficient
funds to complete construction of the project.
(b) Donation for perpetual maintenance and preservation.
In addition to the foregoing criteria, no construction
permit shall be issued unless the person authorized to
construct the commemorative work has donated an amount equal
to 10 per centum of the total estimated cost of construction
to offset the costs of perpetual maintenance
[[Page 846]]
and preservation of the commemorative work: Provided, That
the provisions of this subsection shall not apply in
instances when the commemorative work is constructed by a
Department or agency of the Federal Government and less than
50 per centum of the funding for such work is provided by
private sources.
(1) Notwithstanding any other provision of
law, all moneys provided by persons for
maintenance pursuant to this subsection shall be
credited to a separate account in the Treasury.
(2) Congress authorizes and directs that the
Secretary of the Treasury shall make all or a
portion of such moneys available to the
Secretary or the Administrator at his request
for maintenance of commemorative works. Under no
circumstances may the Secretary or Administrator
request funds from the separate account
exceeding the total moneys deposited by persons
establishing commemorative works in areas he
administers. The Secretary and the Administrator
shall maintain an inventory of funds available
for such purposes: Provided, That such moneys
shall not be subject to annual appropriations.
(c) Suspension for misrepresentation of fundraising; annual
reports.
(1) The Secretary or the Administrator (as appropriate)
may suspend any activity under the authority of this chapter
with respect to the establishment of a commemorative work if
the Secretary or Administrator determines the fundraising
efforts with respect to the commemorative work have
misrepresented an affiliation with the commemorative work or
the United States.
(2) The person shall be required to submit to the
Secretary or Administrator an annual report of operations,
including financial statements audited by an independent
certified public accountant, paid for by the person
authorized to construct the commemorative work. (Pub. L. 99-
652, Sec. 8, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103-321,
Sec. 2, Aug. 26, 1994, 108 Stat. 1794.)
559.9
559.9 Sec. 1009. Temporary site designation.
(a) If the Secretary, in consultation with the National
Capital Memorial Commission, determines that a site where
commemorative works may be displayed on a temporary basis is
necessary in order to aid in the preservation of the limited
amount of open space available to residents of, and visitors
to, the Nation's Capital, a site may be designated on lands
administered by the Secretary in the District of Columbia. A
designation may not be made under the preceding sentence
unless, at least one hundred and twenty days before the
designation, the Secretary, in consultation with the
National Capital Memorial Commission, prepares and submits
to the Congress a plan for the site. The plan shall include
specifications for the location, construction, and
administration of the site, and criteria for displaying
commemorative works at the site.
(b) Any commemorative work displayed at the site shall
be installed, maintained, and removed at the sole expense
and risk of the person authorized to display the
commemorative works. Such person shall agree to indemnify
the United States for any liability arising from the display
of the commemorative work under this section. (Pub. L. 99-
652, Sec. 9,
[[Page 847]]
Nov. 14, 1986, 100 Stat. 3653; Pub. L. 103-321, Sec. 2(f),
Aug. 26, 1994, 108 Stat. 1795.)
559.10
559.10 Sec. 1010. Miscellaneous provisions.
(a) Documentation of design and construction to Secretary or
Administrator.
Complete documentation of design and construction of
each commemorative work located in the District of Columbia
and its environs shall be provided to the Secretary or the
Administrator (as appropriate) and shall be permanently
maintained in the manner provided by law.
(b) Expiration of legislative authority for commemorative
work.
Any legislative authority for a commemorative work shall
expire at the end of the seven-year period beginning on the
date of the enactment of such authority unless the Secretary
or Administrator (as appropriate) has issued a construction
permit for the commemorative work during that period.
(c) Responsibility for maintenance of completed work.
Upon completion of any commemorative work within the
District of Columbia and its environs, the Secretary or
Administrator (as appropriate) shall assume responsibility
for the maintenance of such work.
(d) Development of regulations or standards.
The Secretary and the Administrator shall develop
appropriate regulations or standards to carry out this
chapter.
(e) Commemorative works to which applicable.
This Act shall not apply to commemorative works
authorized by a law enacted before the commencement of the
Ninety-ninth Congress. (Pub. L. 99-652, Sec. 10, Nov. 14,
1986, 100 Stat. 3654; Pub. L. 102-216, Dec. 11, 1991, 105
Stat. 1666; Pub. L. 103-321, Sec. 2(g), Aug. 26, 1994, 108
Stat. 1795.)
Chapter 23.--JUDICIARY OFFICE BUILDING DEVELOPMENT
559.11
559.11 Sec. 1201. Findings and purposes.
(a) Findings.
The Congress makes the following findings and
declarations:
(1) Space for consolidation of activities of
the Administrative Office of the United States
Courts and other offices of the judicial branch
of Government and for providing office space for
retired justices of the Supreme Court is
necessary and should be located in the vicinity
of the Supreme Court building.
(2) Orderly development of the Capitol
Grounds should be consistent with the Master
Plan for the United States Capitol, dated 1981.
(3) The cost of leasing space by the
judicial branch of the Government is high.
(4) Development of squares 721 and 722 in
the District of Columbia is necessary to achieve
the objectives of the Union Station
Redevelopment Act [40 U.S.C.A. Sec. 811 et seq.]
and the revitalization of the Union Station
area.
[[Page 848]]
(5) The Judicial Conference of the United
States endorsed by resolution the construction
of an office building on the Capitol Grounds to
house the Administrative Office of the United
States Courts and related judicial branch
offices.
(b) Purposes.
The purposes of this chapter are as follows:
(1) To implement the report submitted to
Congress by the Architect and the Secretary of
Transportation under the Act of December 28,
1985 (99 Stat. 1749-1750), relating to the needs
of the Federal judiciary for additional Federal
office space.
(2) To authorize the Architect to acquire by
lease space primarily for use by the judicial
branch of the Government by entering into
contracts for the design and construction of a
building adjacent to Union Station.
(3) To ensure that the design and
construction of such building will insofar as
practicable result in a building which is
efficient and economical and which provides
visual testimony to the dignity, enterprise,
vigor, and stability of the Federal Government.
(Pub. L. 100-480, Sec. 2, Oct. 7, 1988, 102 Stat
2328.)
559.12
559.12 Sec. 1202. Construction of building.
(a) Selection process.
(1) General rule.
The Architect, under the direction of the
Commission and in accordance with such policies
and procedures as the Architect shall establish,
shall select in accordance with provision of
this subsection a person to develop squares 721
and 722 (bounded by F Street, 2nd Street,
Massachusetts Avenue, and Columbia Plaza,
Northeast) in the District of Columbia.
(2) Revision of proposals.
Not later than 90 days after October 7,
1988, each of the 5 persons who submitted a
proposal for development of squares 721 and 722
under the study conducted under the Act of
December 28, 1985 (99 Stat. 1749-1750), which is
one of the 5 proposals under consideration by
the Architect may revise such proposal to take
into account the objectives of this chapter and
resubmit such proposal to the Architect.
(3) Selection of revised proposal.
Subject to paragraph (4), not later than 120
days after October 7, 1988, the Architect shall
select one of the persons resubmitting a
proposal under paragraph (2) to develop squares
721 and 722 in the District of Columbia.
(4) Nonsubmission of revised proposals; protection
of United States interest.
If no proposal is resubmitted to the
Architect under paragraph (2) in the 90-day
period or if the Architect determines that none
of the proposals resubmitted under paragraph (2)
is in the best interests of the United States,
the Architect shall conduct a competition for
selection of a person to develop squares 721 and
722 in the District of Columbia. Such
competition shall be conducted in
[[Page 849]]
accordance with such policies and procedures as
the Architect may establish for a development
competition.
(5) Purpose of development.
The purpose of development of squares 721
and 722 is to provide office space for the
Administrative Office of the United States
Courts, the Federal Judicial Center, the
Judicial Panel of Multidistrict Litigation, and
the United States Sentencing Commission,
chambers for retired justices of the Supreme
Court, and other related offices of the judicial
branch of the United States and other persons
(including governmental entities).
(6) Approval of Chief Justice.
All final decisions regarding architectural
design of the building to be constructed under
this chapter shall be subject to the approval of
the Chief Justice of the United States.
(7) Prohibitions on payments for bids and designs.
The Architect may not make any payment to
any person for any bid or design proposal under
any competition conducted under this subsection.
(8) Limitations.
(A) Size of building.
The building (excluding parking facilities)
to be constructed under this chapter may not
exceed 520,000 gross square feet in size above
the level of Columbia Plaza in the District of
Columbia.
(B) Height of building.
The height of the building and other
improvements shall be compatible with the height
of surrounding Government and historic buildings
and conform to the provisions of the Act of June
1, 1910, commonly known as the Building Height
Act of 1910 (36 Stat. 452).
(C) Design.
The building and other improvements shall be
designed in harmony with historical and
Government buildings in the vicinity, shall
reflect the symbolic importance and historic
character of the United States Capitol and other
buildings on the United States Capitol grounds,
and shall represent the dignity and stability of
the Federal Government.
(b) Development agreement.
(1) Authority to enter.
The Architect may enter into with the person
selected to develop squares 721 and 722 under
subsection (a) of this section an agreement for
the development of such squares. Except as
otherwise provided in this chapter, such
agreement shall provide for development of such
squares substantially in accordance with (A)
alternative D of the report to Congress entitled
``The Study of Alternatives for the Construction
of an Office Building(s) for the Administrative
Office of the United States Courts'', submitted
to Congress on August 10, 1987, by the Architect
and the Secretary of Transpor
[[Page 850]]
tation, and (B) the Master Plan for the United
States Capitol, dated 1981.
(2) Contents.
The development agreement under paragraph
(1) shall at a minimum provide for the
following:
(A) Except to the extent otherwise
provided by this chapter, all design,
development, and construction costs incurred
with respect to the building to be
constructed under the agreement will be at
no cost to the United States.
(B) Title to squares 721 and 722 will
remain in the United States.
(C) Title to the building and other
improvements constructed or otherwise made
on or to squares 721 and 722 will
immediately revert to the United States at
the expiration of not more than 30 years
from the effective date of the lease
agreement entered into under section 1203 of
this title without payment of any
compensation by the United States.
(D) The building and other improvements
constructed on or to squares 721 and 722 to
be leased to the United States will be in
accordance with the provisions of this
chapter and the lease agreement will contain
such terms and conditions as may be
prescribed by the Architect to carry out the
objectives of this chapter.
The agreement shall include a copy of the lease
agreement entered into under section 1203 of this
title by the Architect and the person selected to
develop squares 721 and 722.
(c) Chilled water and steam from the Capitol Power Plant.
(1) Authority for hookup to Capitol Power Plant.
The building to be constructed under this
chapter may be connected to the Capitol Power
Plant through construction of extensions to the
chilled water and steam lines which serve Union
Station. If such building is to be connected to
the Capitol Power Plant, the agreement under
subsection (b) of this section between the
Architect and the person selected to construct
such building shall provide that such person
will bear all costs associated with the
installation of chilled water and steam lines to
the building and shall reimburse the Union
Station Redevelopment Corporation for an
equitable share of the costs incurred by the
Union Station Redevelopment Corporation in the
construction of extensions of the chilled water
and steam lines from such Plant to Union
Station.
(2) Furnishing of chilled water and steam from
Capitol Power Plant.
If the building to be constructed under this
chapter is connected with the Capitol Power
Plant pursuant to paragraph (1), the Architect
shall furnish, on a reimbursable basis, chilled
water and steam from such Plant to such
building.
(d) Construction standards and inspections.
The building and other improvements constructed under
this chapter shall meet all standards applicable to
construction of a Federal building. During construction, the
Architect shall conduct periodic inspections of
[[Page 851]]
such building for the purpose of assuring that such
standards are being met. Such building shall not be subject
to any law of the District of Columbia relating to building
codes, permits, or inspection (including any such law
enacted by Congress).
(e) Applicability of certain laws.
The building and other improvements constructed under
this chapter shall not be subject to any law of the District
of Columbia relating to real estate and personal property
taxes, special assessments, or other taxes (including any
such law enacted by Congress). (Pub. L. 100-480, Sec. 3,
Oct. 7, 1988, 102 Stat. 2329.)
559.13
559.13 Sec. 1203. Lease of building by the Architect of the
Capitol.
(a) Entry into lease agreement.
Before the development agreement is entered into under
section 1202 of this title, the Architect shall enter into
with the person selected to construct the building under
this chapter an agreement for the lease of such building by
the Architect to carry out the objectives of this chapter.
(b) Terms of lease agreement.
The agreement entered into under this section shall
include at a minimum the following terms:
(1) The Architect will lease the building
and other improvements for a term not to exceed
30 years from the effective date of such lease
agreement.
(2) The rental rate per square foot of
occupiable space for all space in the building
and other improvements will be in the best
interest of the United States and carry out the
objectives of this chapter, but in no case may
the aggregate rental rate for all space in the
building and other improvements produce an
amount less than the amount necessary to
amortize the cost of development of squares 721
and 722 over the term of the lease.
(3) Authority for the Architect to make
space available and to sublease space in the
building and other improvements in accordance
with section 1205 of this title.
(c) Accounting system.
The Architect shall maintain an accounting system for
operation and maintenance of the building and other
improvements to be constructed under this chapter which will
permit accurate projections of the dates and the costs of
major repairs, improvements, reconstructions, and
replacements of such building and improvements and other
capital expenditures on such building and improvements.
(d) Obligation of funds.
Obligation of funds for lease payments under this
section may only be made on an annual basis and may only be
made from the account established by section 1207 of this
title. (Pub. L. 100-480, Sec. 4, Oct. 7, 1988, 102 Stat.
2331.)
[[Page 852]]
559.14
559.14 Sec. 1204. Structural and mechanical care and security.
(a) Structural and mechanical care.
Upon occupancy by the United States of the building and
other improvements constructed under this chapter, the
structural and mechanical care and maintenance of such
building and improvements (including the care and
maintenance of the grounds of such building) shall be the
responsibility of the Architect, under the direction of the
Commission, in the same manner and to the same extent as the
structural and mechanical care and maintenance of the United
States Supreme Court Building under section 13a of this
title, and all other duties and work required for the
operation and domestic care of such building and
improvements shall be performed by the Architect, under the
direction of the Commission.
(b) Security.
(1) General rule.
The United States Capitol Police shall be
responsible for all exterior security of the
building and other improvements constructed
under this chapter.
(2) Authority of Supreme Court Marshal.
Nothing in this chapter shall be construed
to interfere with the obligation of the Marshal
of the Supreme Court of the United States to
protect justices, officers, employees, or other
personnel of the Supreme Court who may occupy
the building and other improvements.
(3) Reimbursement.
The Architect shall transfer from the
account established by section 1207 of this
title such amounts as may be necessary to
reimburse the United States Capitol Police for
expenses incurred in providing exterior security
under this subsection. The United States Capitol
Police may accept amounts transferred by the
Architect under this paragraph, and such amounts
shall be credited to the appropriation account
charged by the United States Capitol Police in
executing the performance of security duties.
(c) Authority of Capitol Police.
The United States Capitol Police are authorized to
police the building and other improvements constructed
pursuant to this chapter, including the interior and
exterior thereof, and to make arrests within the interior
and exterior of such building and other improvements for any
violation of any law of the United States, of the District
of Columbia, or of any State, or any regulation promulgated
pursuant thereto. (Pub. L. 100-480, Sec. 5, Oct. 7, 1988,
102 Stat. 2331; Pub. L. 102-392, Title III, Sec. 311(a),
Oct. 6, 1992, 106 Stat. 1723.)
559.15
559.15 Sec. 1205. Allocation of space.
(a) Governmental entities.
(1) Judicial branch.
Subject to the provisions of this section,
the Architect shall make available, on a
reimbursable basis, all space in the building
and other improvements constructed under this
chapter to the judicial
[[Page 853]]
branch of the United States substantially in
accordance with the report referred to in
section 1202(b)(1) of this title.
(2) Other.
Any space in the building and other
improvements constructed under this chapter
which the Chief Justice determines is not needed
by the judicial branch of the United States may
be made available by the Architect, on a
reimbursable basis, to Federal governmental
entities which are not part of the judicial
branch and which are not staff of Members of
Congress or Congressional Committees.
(3) Terms and conditions.
Space made available under this subsection
shall be subject to such terms and conditions as
are necessary to carry out the objectives of
this chapter.
(4) Reimbursement rate.
All space made available by the Architect
under this subsection shall be subject to
reimbursement at the rate established under
section 1203(b)(2) of this title plus such
amount as the Architect and--
(A) in the case of the judicial branch,
the Director of the Administrative Office of
the United States Courts, or
(B) in the case of any governmental
entity not a part of the judicial branch,
such entity,
determine is necessary to pay on an annual basis for
the cost of administering the building and other
improvements (including costs of operation,
maintenance, rehabilitation, security, and
structural, mechanical, and domestic care) which are
attributable to such space.
(5) Meeting judicial branch needs.
(A) In general.
Whenever the Chief Justice notifies the
Architect that the judicial branch of the United
States requires additional space in the building
and other improvements constructed under this
chapter, the Architect shall accommodate those
requirements (i) in the case of space made
available to the Administrator of General
Services, by a date agreed upon under
subparagraph (B), or (ii) in the case of space
made available to any person or governmental
entity (other than the General Services
Administration), within 90 days after the date
of such notification.
(B) Space available to GSA.
In any case in which such additional space
is provided from space in the building made
available to the Administrator of General
Services, the space shall be vacated
expeditiously by not later than a date mutually
agreed upon by the Chief Justice and the
Administrator of General Services.
(C) Unoccupied space
Whenever any space in the building is
unoccupied, the Chief Justice shall have a right
of first refusal to use such space to meet the
needs of the judicial branch in accordance with
this subsection.
[[Page 854]]
(6) Assignment of space within the judicial branch.
The Director of the Administrative Office of
the United States Courts may assign and reassign
space made available to the judicial branch of
the United States under this subsection among
offices of the judicial branch as the Director
deems appropriate.
(7) Lease authority.
The Architect of the Capitol is authorized
to lease and occupy not more than 75,000 square
feet of space in the Thurgood Marshall Federal
Judiciary Building. Payments under any such
lease shall be made upon vouchers approved by
the Architect of the Capitol. There are
authorized to be appropriated--
(A) to the Architect of the Capitol such
sums as may be necessary to carry out this
paragraph, including sums for the
acquisition and installation of furniture
and furnishings for space leased under this
paragraph; and
(B) to the Sergeant at Arms of the
Senate such sums as may be necessary for the
planning, acquisition, and installation of
telecommunications equipment and services
for the Architect of the Capitol with
respect to space leased under this
paragraph.
(8) Lease approval.
Any lease under paragraph (7) shall be
subject to approval by the Committee on
Appropriations of the House of Representatives,
the Committee on Appropriations of the Senate,
the House Office Building Commission, and the
Committee on Rules and Administration of the
Senate.
(b) Nongovernmental tenants.
(1) General rule.
Any space in the building and other
improvements constructed under this chapter
which the Chief Justice determines is not needed
by the judicial branch of the United States
shall first be offered to other Federal
governmental entities which are not staff of
Members of Congress or Congressional Committees;
and then, if any space remains, it may be
subleased by the Architect, under the direction
of the Commission, to any person.
(2) Rental rate.
All space subleased by the Architect under
this subsection shall be subject to
reimbursement at a rate which is comparable to
prevailing rental rates for similar facilities
in the area but not less than the rate
established under section 1203(b)(2) of this
title plus such amount as the Architect and the
person subleasing such space agree is necessary
to pay on an annual basis for the cost of
administering the building (including costs of
operation, maintenance, rehabilitation,
security, and structural, mechanical, and
domestic care) which are attributable to such
space.
(3) Limitation.
Subleases under this subsection must be
compatible with the dignity and functions of the
judicial branch offices housed in the building
and must not unduly interfere with the
activities and operations of the judicial branch
agencies housed in the building. The provisions
[[Page 855]]
of section 193d, and section 193m-1 of this
title shall not apply to any space in the
building and other improvements subleased to a
non-Government tenant under this subsection.
(4) Collection of rent.
The Architect shall collect rent for space
subleased under this subsection.
(c) Deposit of rent and reimbursements.
All funds received under this subsection (including
lease payments and reimbursements) shall be deposited into
the account established by section 1207 of this title. (Pub.
L. 100-480, Sec. 6, Oct. 7, 1988, 102 Stat. 2332; Pub. L.
102-392, Title III, Sec. 318, Oct. 6, 1992, 106 Stat. 1724;
Pub. L. 103-4, Sec. 2, Feb. 8, 1993, 107 Stat. 30.)
559.16
559.16 Sec. 1206. Commission for Judiciary Office Building.
(a) Establishment.
There is established a Commission to be known as the
Commission for the Judiciary Office Building.
(b) Membership.
The Commission shall be composed of the following 13
members:
(1) Two individuals appointed by the Chief
Justice from among justices of the Supreme Court
and other judges of the United States (or their
designees).
(2) The members of the House Office Building
Commission (or their designees).
(3) The majority leader and minority leader
of the Senate (or their designees).
(4) The Chairman and the ranking minority
member of the Senate Committee on Rules and
Administration (or their designees).
(5) The Chairman and the ranking minority
member of the Senate Committee on Environment
and Public Works (or their designees).
(6) The Chairman and ranking minority member
of the Committee on Public Works and
Transportation of the House of Representatives
(or their designees).
(c) Duties.
The Commission shall be responsible for supervision of
design, construction, operation, maintenance, structural,
mechanical, and domestic care and security of the building
to be constructed under this chapter. The Commission shall
from time to time prescribe rules and regulations to govern
the actions of the Architect under this chapter and to
govern the use and occupancy of all space in such building.
(d) Quorum.
Seven members of the Commission shall constitute a
quorum. (Pub. L. 100-480, Sec. 7, Oct. 7, 1988, 102 Stat.
2334.)
559.17
559.17 Sec. 1207. Funding.
(a) Separate account.
There is established in the Treasury of the United
States a separate account. Such account shall include all
amounts deposited therein under section 1205(c) of this
title and such amounts as may be appropriated
[[Page 856]]
thereto but not to exceed $2,000,000. Amounts in the account
shall be available to the Architect for paying expenses for
structural, mechanical, and domestic care, maintenance,
operation, and utilities of the building and other
improvements constructed under this chapter, for reimbursing
the United States Capitol Police for expenses incurred in
providing exterior security for the building and other
improvements, for making lease payments under section 1203
of this title and for necessary personnel (including
consultants).
(b) Unexpended balances of funds.
The unexpended balance of funds appropriated by the
Urgent Supplemental Appropriations Act, 1986 under the
heading ``Study of Construction of Office Building'' (100
Stat. 717) are transferred to the Architect on October 7,
1988. Such unexpended balance shall be available for design
review, construction inspection, contract administration,
and such other project related costs under this chapter as
the Architect may deem appropriate. (Pub. L. 100-480,
Sec. 9, Oct. 7, 1988, 102 Stat. 2334; Pub. L. 102-392, Title
III, Sec. 311(b), Oct. 6, 1992, 106 Stat. 1723.)
559.18
559.18 Sec. 1208. Definitions.
As used in this chapter--
(1) Architect.
The term ``Architect'' means the Architect
of the Capitol.
(2) Chief Justice.
The term ``Chief Justice'' means the Chief
Justice of the United States or his designee;
except that in any case in which there is a
vacancy of the office of the Chief Justice of
the United States, the most senior associate
justice of the Supreme Court shall be treated as
the Chief Justice of the United States for
purposes of this chapter until such time as such
vacancy is filled.
(3) Commission.
The term ``Commission'' means the Commission
for the Judiciary Office Building established by
section 1206 of this title. (Pub. L. 100-480,
Sec. 10, Oct. 7, 1988, 102 Stat. 2335.)
[[Page 857]]
TITLE 41.--PUBLIC CONTRACTS
Chapter 1.--GENERAL PROVISIONS
560
560 Sec. 6a-1. Architect of the Capitol, exception from
advertisement requirement.
On and after July 27, 1965, the purchase of supplies and
equipment and the procurement of services for all branches
under the Architect of the Capitol may be made in the open
market without compliance with section 5 of this title in
the manner common among businessmen, when the aggregate
amount of the purchase or the service does not exceed
$25,000 in any instance. (As amended Pub. L. 93-356, Sec. 2,
July 25, 1974, 88 Stat. 390, Pub. L. 98-191 Sec. 9(c), Dec.
1, 1983, 98 Stat. 1332.)
560.1
560.1 Sec. 6a-2. Architect of the Capitol, authority for personal
services contracts with legal entities.
Notwithstanding any other provision of law, the
Architect of the Capitol is authorized to contract for
personal services with any firm, partnership, corporation,
association, or other legal entity in the same manner as he
is authorized to contract for personal services with
individuals under the provisions of section 5 of this title.
(Pub. L. 96-558, Dec. 19, 1980, 94 Stat. 3263.)
561
561 Sec. 22. Interest of Member of Congress.
No member of Congress shall be admitted to any share or
part of any contract or agreement made, entered into, or
accepted by or on behalf of the United States, or to any
benefit to arise thereupon. (R.S. Sec. 3741; Feb. 27, 1877,
ch. 69, Sec. 1, 19 Stat. 249; Jan. 25, 1934, ch. 5, 48 Stat.
337; June 27, 1934, ch. 847, Title V, Sec. 510, 48 Stat.
1264; Aug. 26, 1937, ch. 821, 50 Stat. 838; Oct. 13, 1994,
Pub. L. 103-355, Sec. 6004, 108 Stat. 3364.)
Note
Section 903 of the Supplemental Appropriations Act,
1983, provided the following:
Sec. 903. (a) Notwithstanding any provision to the
contrary in any contract which is entered into by any person
and either the Administrator of General Services or a
contracting officer of any executive agency and under which
such person agrees to sell or lease to the Federal
Government (or any one or more entities thereof) any unit of
property, supplies, or services at a specified price or
under specified terms and conditions (or both), such person
may sell or lease to the Congress the same type of such
property, supplies, or services at a unit price or under
terms and conditions (or both) which are different from
those specified in such contract; and any such sale or lease
of any unit or units of such property, supplies, or services
to the Congress shall not be taken into account for the
purpose of determining the price at which, or the terms and
conditions under which, such person is obligated under such
contract to sell or lease any unit of such property,
supplies, or services to any entity of the Federal
Government other than the Congress. For purposes of the
preceding sentence, any sale or lease of property, supplies,
or services to the Senate (or any office or instrumentality
thereof), or to the House of Representatives (or any office
or instrumentality thereof) shall be deemed to be a sale or
lease of such property, supplies, or services to the
Congress.
[[Page 858]]
(b) The provisions of this section shall take effect
with respect to sales or leases of property, supplies, or
services to the Congress after July 29, 1983.
[[Page 859]]
TITLE 42.--THE PUBLIC HEALTH AND WELFARE
Chapter 126.--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES
* * * * * * *
565
565 Sec. 12209. Instrumentalities of the Congress.
The General Accounting Office, the Government Printing
Office, and the Library of Congress shall be covered as
follows:
(1) In general.
The rights and protections under this chapter shall,
subject to paragraph (2), apply with respect to the conduct
of each instrumentality of the Congress.
(2) Establishment of remedies and procedures by
instrumentalities.
The chief official of each instrumentality of the
Congress shall establish remedies and procedures to be
utilized with respect to the rights and protections provided
pursuant to paragraph (1).
(3) Report to Congress.
The chief official of each instrumentality of the
Congress shall, after establishing remedies and procedures
for purposes of paragraph (2), submit to the Congress a
report describing the remedies and procedures.
(4) Definition of instrumentalities.
For purposes of this section, the term ``instrumentality
of the Congress'' means the following: the General
Accounting Office, the Government Printing Office, and the
Library of Congress.
(5) Enforcement of employment rights.
The remedies and procedures set forth in section 717 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) shall be
available to any employee of an instrumentality of the
Congress who alleges a violation of the rights and
protections under sections 102 through 104 of this Act that
are made applicable by this section, except that the
authorities of the Equal Employment Opportunity Commission
shall be exercised by the chief official of the
instrumentality of the Congress.
(6) Enforcement of rights to public services and
accommodations.
The remedies and procedures set forth in section 717 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) shall be
available to any qualified person with a disability who is a
visitor, guest, or patron of an instrumentality of Congress
and who alleges a violation of the rights and protections
under sections 201 through 230 or section 302 or 303 of this
Act that are made applicable by this section, except that
the authorities of the Equal Employment Opportunity
Commission shall be exercised by the chief official of the
instrumentality of the Congress.
[[Page 860]]
(7) Construction.
Nothing in this section shall alter the enforcement
procedures for individuals with disabilities provided in the
General Accounting Office Personnel Act of 1980 [31 U.S.C.A.
Sec. 731 et seq.] and regulations promulgated pursuant to
that Act. (Pub. L. 101-336, Title V, Sec. 509, July 26,
1990, 104 Stat. 373; Pub. L. 102-166, Title III, Sec. 315,
Nov. 21, 1991, 105 Stat. 1095; Pub. L. 104-1, Sec. 201, Jan.
23, 1995, 109 Stat. 8, 16.)
[[Page 861]]
TITLE 44.--PUBLIC PRINTING AND DOCUMENTS
Chapter 1.--JOINT COMMITTEE ON PRINTING
600
600 Sec. 101. Joint Committee on Printing: membership.
The Joint Committee on Printing shall consist of the
chairman and four members of the Committee on Rules and
Administration of the Senate and the chairman and four
members of the Committee on House Oversight of the House of
Representatives. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1238; Feb. 17, 1981, Pub. L. 97-4, 95 Stat. 6; Pub. L. 104-
186, Title II, Sec. 223(1), Aug. 20, 1996, 110 Stat. 1751.)
601
601 Sec. 102. Joint Committee on Printing: succession; powers
during recess.
The members of the Joint Committee on Printing who are
reelected to the succeeding Congress shall continue as
members of the committee until their successors are chosen.
The President of the Senate and the Speaker of the House of
Representatives shall, on the last day of a Congress,
appoint members of their respective Houses who have been
elected to the succeeding Congress to fill vacancies which
may then be about to occur on the Committee, and the
appointees and members of the Committee who have been
reelected shall continue until their successors are chosen.
When Congress is not in session, the Joint Committee may
exercise all its powers and duties as when Congress is in
session. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1238.)
602
602 Sec. 103. Joint Committee on Printing: remedial powers.
The Joint Committee on Printing may use any measures it
considers necessary to remedy neglect, delay, duplication,
or waste in the public printing and binding and the
distribution of Government publications. (Oct. 2, 1968, Pub.
L. 90-620, 82 Stat. 1239.)
Chapter 3.--GOVERNMENT PRINTING OFFICE
603
603 Sec. 301. Public Printer: appointment.
The President of the United States shall nominate and,
by and with the advice and consent of the Senate, appoint a
suitable person, who must be a practical printer and versed
in the art of bookbinding, to take charge of and manage the
Government Printing Office. His title shall be Public
Printer. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1239; June
6, 1972, Pub. L. 92-310, Sec. 210(a) (1), (2), 86 Stat.
204.)
604
604 Sec. 302. Deputy Public Printer: appointment; duties.
The Public Printer shall appoint a suitable person, who
must be a practical printer and versed in the art of
bookbinding, to be the Deputy Public Printer. He shall
perform the duties formerly required of the chief clerk,
supervise the buildings occupied by the Government Printing
[[Page 862]]
Office, and perform any other duties required of him by the
Public Printer. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1239.)
605
605 Sec. 303. Public Printer and Deputy Public Printer: pay.
The annual rate of pay for the Public Printer shall be a
rate which is equal to the rate for level III of the
Executive Schedule of subchapter II of chapter 53 of title
5. The annual rate of pay for the Deputy Public Printer
shall be a rate which is equal to the rate for level IV of
such Executive Schedule. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1239; Aug. 9, 1975, Pub. L. 94-82, Sec. 204(c)(1), 89
Stat. 421; Pub. L. 101-520, Title II, 5209, Nov. 5, 1990,
104 Stat. 2274.)
606
606 Sec. 304. Public Printer: vacancy in office.
In case of the death, resignation, absence, or sickness
of the Public Printer, the Deputy Public Printer shall
perform the duties of the Public Printer until a successor
is appointed or his absence or sickness ceases; but the
President may direct any other officer of the Government,
whose appointment is vested in the President by and with the
advice and consent of the Senate, to perform the duties of
the vacant office until a successor is appointed, or the
sickness or absence of the Public Printer ceases. A vacancy
occasioned by death or resignation may not be filled
temporarily under this section for longer than ten days, and
a temporary appointment, designation, or assignment of
another officer may not be made except to fill a vacancy
happening during a recess of the Senate. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1239.)
607
607 Sec. 305. Public Printer: employees; pay.
(a) The Public Printer may employ journeymen,
apprentices, laborers, and other persons necessary for the
work of the Government Printing Office at rates of wages and
salaries, including compensation for night and overtime
work, he considers for the interest of the Government and
just to the persons employed, except as otherwise provided
by this section. He may not employ more persons than the
necessities of the public work require nor more than four
hundred apprentices at one time. The minimum pay of
journeymen printers, pressmen, and bookbinders employed in
the Government Printing Office shall be at the rate of 90
cents an hour for the time actually employed. Except as
provided by the preceding part of this section the rate of
wages, including compensation for night and overtime work,
for more than ten employees of the same occupation shall be
determined by a conference between the Public Printer and a
committee selected by the trades affected, and the rates and
compensation so agreed upon shall become effective upon
approval by the Joint Committee on Printing. When the Public
Printer and the committee representing a trade fail to agree
as to wages, salaries, and compensation, either party may
appeal to the Joint Committee on Printing, and the decision
of the Joint Committee is final. The wages, salaries, and
compensation so determined are not subject to change oftener
than once a year.
(b) The Public Printer may grant an employee paid on an
annual basis compensatory time off from duty instead of
overtime pay for overtime work. (Oct. 22, 1968, Pub. L. 90-
620, 82 Stat. 1240; Dec. 26, 1969, Pub. L. 91-167, 83 Stat.
453; July 31, 1970, Pub. L. 91-369, 84 Stat. 693.)
[[Page 863]]
Chapter 5.--PRODUCTION AND PROCUREMENT OF PRINTING AND
BINDING
608
608 Sec. 501. Government printing, binding, and blank-book work
to be done at Government Printing Office.
All printing, binding, and blank-book work for Congress,
the Executive Office, the Judiciary, other than the Supreme
Court of the United States, and every executive department,
independent office and establishment of the Government,
shall be done at the Government Printing Office, except--
(1) classes of work the Joint Committee on
Printing considers to be urgent or necessary to
have done elsewhere; and
(2) printing in field printing plants
operated by an executive department, independent
office or establishment, and the procurement of
printing by an executive department, independent
office or establishment from allotments for
contract field printing, if approved by the
Joint Committee on Printing.
Printing or binding may be done at the Government
Printing Office only when authorized by law. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1243.) (Note: See Immigration and
Naturalization Service v. Chadha (1983; 462 U.S. 919; 103
S.Ct. 2764) relating to similar legislative veto provisions
found unconstitutional.)
609
609 Sec. 502. Procurement of printing, binding, and blank-book
work by Public Printer.
Printing, binding, and blank-book work authorized by
law, which the Public Printer is not able or equipped to do
at the Government Printing Office, may be produced elsewhere
under contracts made by him with the approval of the Joint
Committee on Printing. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1243.) (Note: See Immigration and Naturalization
Service v. Chadha (1983; 462 U.S. 919; 103 S.Ct. 2764)
relating to similar legislative veto provisions found
unconstitutional.)
610
610 Sec. 506. Time for printing documents or reports which
include illustrations or maps.
A document or report to be illustrated or accompanied by
maps may not be printed by the Public Printer until the
illustrations or maps designed for it are ready for
publication. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1244.)
611
611 Sec. 507. Orders for printing to be acted upon within one
year.
An order for public printing may not be acted upon by
the Public Printer after the expiration of one year unless
the entire copy and illustrations for the work have been
furnished within that period. (Oct. 22, 1968, Pub. L. 90-
620, 82 Stat. 1244.)
612
612 Sec. 508. Annual estimates of quantity of paper required for
public printing and binding.
At the beginning of each session of Congress, the Public
Printer shall submit to the Joint Committee on Printing
estimates of the quantity of paper of all descriptions
required for the public printing and binding during the
ensuing year. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1244.)
[[Page 864]]
Chapter 7.--CONGRESSIONAL PRINTING AND BINDING
613
613 Sec. 701. ``Usual number'' of documents and reports;
distribution of House and Senate documents and reports;
binding; reports on private bills; number of copies
printed; distribution.\1\
(a) The order by either House of Congress to print a
document or report shall signify the ``usual number'' of
copies for binding and distribution among those entitled to
receive them. A greater number may not be printed unless
ordered by either House, or as provided by this section.
When a special number of a document or report is ordered
printed, the usual number shall also be printed, unless
already ordered.
\1\The number of copies to be printed or the
distribution thereof as specified in sections 701, 706,
713, 721, 723, 726, 906, 1339, and 1718 of title 44,
United States Code, have been changed by the Joint
Committee on Printing under authority of section 103 of
title 44 (Senate Manual section 602), or as a result of
sequestrations of funds mandated by Pub. L. 99-177, the
Balanced Budget and Emergency Deficit Control Act of
1985. For current regulations, consult the Joint
Committee on Printing.
(b) The ``usual number'' of documents and reports shall
be one thousand six hundred and eighty-two copies, which
shall be printed at one time and distributed as follows:
Of the House documents and reports, unbound--to the
Senate document room, one hundred and fifty copies; to the
office of the Secretary of the Senate, ten copies; to the
House document room, not to exceed five hundred copies; to
the office of the Clerk of the House of Representatives,
twenty copies; to the Library of Congress, ten copies, as
provided by section 1718 of this title.
Of the Senate documents and reports, unbound--to the
Senate document room, two hundred and twenty copies; office
of the Secretary of the Senate, ten copies; to the House
document room, not to exceed five hundred copies; to the
Clerk's office of the House of Representatives, ten copies;
to the Library of Congress, ten copies, as provided by
section 1718 of this title.
(c) Of the number printed, the Public Printer shall bind
a sufficient number of copies for distribution as follows:
Of the House documents and reports, bound--to the Senate
library, fifteen copies; to the Library of Congress, not to
exceed one hundred and fifty copies, as provided by section
1718 of this title; to the House of Representatives library,
fifteen copies; to the Superintendent of Documents, as many
copies as are required for distribution to the State
libraries and designated depositories.
Of the Senate documents and reports, bound--to the
Senate library, fifteen copies; to the Library of Congress,
copies as provided by sections 1718 and 1719 of this title;
to the House of Representatives library, fifteen copies; to
the Superintendent of Documents, as many copies as may be
required for distribution to State libraries and designated
depositories. In binding documents the Public Printer shall
give precedence to those that are to be distributed to
libraries and to designated depositories. But a State
library or designated depository entitled to documents that
may prefer to have its documents in unbound form, may do so
by notifying the Superintendent of Documents to that effect
prior to the convening of each Congress.
(d) The usual number of reports on private bills,
concurrent or simple resolutions, may not be printed.
Instead there shall be printed of each
[[Page 865]]
Senate report on a private bill, simple or concurrent
resolution, in addition to those required to be furnished
the Library of Congress, three hundred and forty-five
copies, which shall be distributed as follows: to the Senate
document room, two hundred and twenty copies; to the
Secretary of the Senate, fifteen copies; to the House
document room, one hundred copies; to the Superintendent of
Documents, ten copies; and of each House report on a private
bill, simple or concurrent resolution, in addition to those
for the Library of Congress, two hundred and sixty copies,
which shall be distributed as follows: to the Senate
document room, one hundred and thirty-five copies; to the
Secretary of the Senate, fifteen copies; to the House
document room, one hundred copies; to the Superintendent of
Documents, ten copies.
This section does not prevent the binding of all Senate
and House reports in the reserve volumes bound for and
delivered to the Senate and House libraries, nor abridge the
right of the Vice President, Senators, Representatives,
Resident Commissioner, Secretary of the Senate, and Clerk of
the House to have bound in half morocco, or material not
more expensive, one copy of every public document to which
he may be entitled. At least twelve copies of each report on
bills for the payment or adjudication of claims against the
Government shall be kept on file in the Senate document
room. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1246.)
Cross Reference
Distribution of Government publications to Library of
Congress, see section 1718 of this title (Senate Manual
section 667).
614
614 Sec. 702. Extra copies of documents and reports.
Copies in addition to the ``usual number'' of documents
and reports shall be printed promptly when ready for
publication, and may be bound in paper or cloth as the Joint
Committee on Printing directs. (Oct. 22, 1968, Pub. L. 90-
620, 82 Stat. 1247.)
615
615 Sec. 703. Printing extra copies.
Orders for printing copies in addition to the ``usual
number'', otherwise than provided for by this section, shall
be by simple, concurrent, or joint resolution. Either House
may print extra copies to the amount of $1,200 by simple
resolution; if the cost exceeds that sum, the printing shall
be ordered by concurrent resolution, unless the resolution
is self-appropriating, when it shall be by joint resolution.
Resolutions, when presented to either House, shall be
referred to the Committee on House Oversight of the House of
Representatives or the Committee on Rules and Administration
of the Senate, who, in making their report, shall give the
probable cost of the proposed printing upon the estimate of
the Public Printer; and extra copies may not be printed
before the committee has reported. The printing of
additional copies may be performed upon orders of the Joint
Committee on Printing within a limit of $700 in cost in any
one instance. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1247;
Pub. L. 104-186; Title II, Sec. 223(2), Aug. 20, 1996, 110
Stat. 1751.)
616
616 Sec. 704. Reprinting bills, laws, and reports from
committees not exceeding fifty pages.
When the supply is exhausted, the Secretary of the
Senate and the Clerk of the House of Representatives may
order the reprinting of not
[[Page 866]]
more than one thousand copies of a pending bill, resolution,
or public law, not exceeding fifty pages, or a report from a
committee or congressional commission on pending legislation
not accompanied by testimony or exhibits or other appendices
and not exceeding fifty pages. The Public Printer shall
require each requisition for reprinting to cite the specific
authority of law for its execution. (Oct. 22, 1968, Pub. L.
90-620, 82 Stat. 1248.)
617
617 Sec. 705. Duplicate orders to print.
The Public Printer shall examine the orders of the
Senate and House of Representatives for printing, and in
case of duplication shall print under the first order
received. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1248.)
618
618 Sec. 706. Bills and resolutions: number and distribution.\1\
There shall be printed of each Senate and House public
bill and joint resolution six hundred and twenty-five
copies, which shall be distributed as follows:
\1\See footnote to Senate Manual section 613.
to the Senate document room, two hundred and
twenty-five copies;
to the office of Secretary of Senate,
fifteen copies;
to the House document room, three hundred
and eighty-five copies.
There shall be printed of each Senate private bill, when
introduced, when reported, and when passed, three hundred
copies, which shall be distributed as follows:
to the Senate document room, one hundred and
seventy copies;
to the Secretary of the Senate, fifteen
copies;
to the House document room, one hundred
copies;
to the Superintendent of Documents, ten
copies.
There shall be printed of each House private bill, when
introduced, when reported, and when passed, two hundred and
sixty copies, which shall be distributed as follows:
to the Senate document room, one hundred and
thirty-five copies;
to the Secretary of the Senate, fifteen
copies;
to the House document room, one hundred
copies;
to the Superintendent of Documents, ten
copies.
Bills and resolutions shall be printed in bill form,
and, unless specially ordered by either House shall be
printed only when referred to a committee, when favorably
reported back, and after their passage by either House.
Of concurrent and simple resolutions, when reported, and
after their passage by either House, only two hundred and
sixty copies shall be printed, except by special order, and
shall be distributed as follows:
to the Senate document room, one hundred and
thirty-five copies;
to the Secretary of the Senate, fifteen
copies;
to the House document room, one hundred
copies;
to the Superintendent of Documents, ten
copies. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1248.)
619
619 Sec. 707. Bills and resolutions: style and form.
Subject to sections 205 and 206 of Title 1, the Joint
Committee on Printing may authorize the printing of a bill
or resolution, with index and ancillaries, in the style and
form the Joint Committee on Printing
[[Page 867]]
considers most suitable in the interest of economy and
efficiency, and to so continue until final enactment in both
Houses of Congress. The committee may also curtail the
number of copies of bills or resolutions, including the slip
form of a public Act or public resolution. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1248.)
620
620 Sec. 708. Bills and resolutions: binding sets for Congress.
The Public Printer shall bind four sets of Senate and
House of Representatives bills, joint and concurrent
resolutions of each Congress, two for the Senate and two for
the House, to be furnished him from the files of the Senate
and House document room, the volumes when bound to be kept
there for reference. (Oct 22, 1968, Pub. L. 90-620, 82 Stat.
1249.)
621
621 Sec. 709. Public and private laws, postal conventions, and
treaties.
The Public Printer shall print in slip form copies of
public and private laws, postal conventions, and treaties,
to be charged to the congressional allotment for printing
and binding. The Joint Committee on Printing shall control
the number and distribution of copies. (Oct 22, 1968, Pub.
L. 90-620, 82 Stat. 1249.)
622
622 Sec. 711. Printing Acts, joint resolutions, and treaties.
The Public Printer, on receiving from the Archivist of
the United States a copy of an Act or joint resolution, or
from the Secretary of State, a copy of a treaty, shall print
an accurate copy and transmit it in duplicate to the
Archivist of the United States or to the Secretary of State,
as the case may be, for revision. On the return of one of
the revised duplicates, he shall make the marked corrections
and print the number specified by section 709 of this title.
(As amended Pub. L. 98-497, Title I, Sec. 107(b)(1), Oct.
19, 1984, 98 Stat. 2286.)
623
623 Sec. 713. Journals of Houses of Congress.\1\
There shall be printed of the Journals of the Senate and
House of Representatives eight hundred and twenty copies,
which shall be distributed as follows:
\1\See footnote to Senate Manual section 613.
to the Senate document room, ninety copies
for distribution to Senators, and twenty-five
additional copies;
to the Senate library, ten copies;
to the House document room, three hundred
and sixty copies for distribution to Members,
and twenty-five additional copies;
to the Department of State, four copies;
to the Superintendent of Documents, one
hundred and forty-four copies to be distributed
to three libraries in each of the States to be
designated by the Superintendent of Documents;
and
to the library of the House of
Representatives, ten copies.
The remaining number of the Journals of the Senate and House
of Representatives, consisting of twenty-five copies, shall
be furnished to the Secretary of the Senate and the Clerk of
the House of Representatives, respectively, as the
necessities of their respective offices require, as rapidly
as signatures are completed for distribution. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1249; Apr. 2, 1982, Pub. L.
97-164, Sec. 158, 96 Stat. 47.)
[[Page 868]]
624
624 Sec. 714. Printing documents for Congress in two or more
editions; printing of full number and allotment of full
quota.
The Joint Committee on Printing shall establish rules to
be observed by the Public Printer, by which public documents
and reports printed for Congress, or either House, may be
printed in two or more editions, to meet the public
requirements. The aggregate of the editions may not exceed
the number of copies otherwise authorized. This section does
not prevent the printing of the full number of a document or
report, or the allotment of the full quota to Senators and
Representatives, as otherwise authorized, when a legitimate
demand for the full complement is known to exist. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1250.)
625
625 Sec. 715. Senate and House documents and reports for
Department of State.
The Public Printer shall print, in addition to the usual
number, and furnish the Department of State twenty copies of
each Senate and House of Representatives document and
report. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1250.)
Cross References
For distribution of House and Senate documents and
reports, see sections 701, 1718, and 1719 of this title
(Senate Manual sections 613, 667, and 668).
626
626 Sec. 716. Printing of documents not provided for by law.
Either House may order the printing of a document not
already provided for by law, when accompanied by an estimate
from the Public Printer as to the probable cost. An
executive department, bureau, board, or independent office
of the Government submitting reports or documents in
response to inquiries from Congress shall include an
estimate of the probable cost of printing to the usual
number. This section does not apply to reports or documents
not exceeding fifty pages. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1250.)
627
627 Sec. 717. Appropriation chargeable for printing of document
or report by order of Congress.
The cost of the printing of a document or report printed
by order of Congress which, under section 1107 of this
title, cannot be properly charged to another appropriation
or allotment of appropriation already made, upon order of
the Joint Committee on Printing, shall be charged to the
allotment of appropriation for printing and binding for
Congress. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1250.)
628
628 Sec. 718. Lapse of authority to print.
The authority to print a document or report, or a
publication authorized by law to be printed, for
distribution by Congress, shall lapse when the whole number
of copies has not been ordered within two years from the
date of the original order, except orders for subsequent
editions, approved by the Joint Committee on Printing, in
which case the whole number may not exceed that originally
authorized by law. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1250.)
[[Page 869]]
629
629 Sec. 719. Classification and numbering of publications
ordered printed by Congress; designation of publications
of departments; printing of committee hearings.
Publications ordered printed by Congress, or either
House, shall be in four series, namely:
one series of reports made by the committees
of the Senate, to be known as Senate reports;
one series of reports made by the committees
of the House of Representatives, to be known as
House reports;
one series of documents other than reports
of committees, the orders for printing which
originate in the Senate, to be known as Senate
documents, and
one series of documents other than committee
reports, the orders for printing which originate
in the House of Representatives, to be known as
House documents.
The publications in each series shall be consecutively
numbered, the numbers in each series continuing in unbroken
sequence throughout the entire term of a Congress, but these
provisions do not apply to the documents printed for the use
of the Senate in executive session. Of the ``usual number'',
the copies which are intended for distribution to State
libraries and other designated depositories of annual or
serial publications originating in or prepared by an
executive department, bureau, office, commission, or board
may not be numbered in the document or report series of
either House of Congress, but shall be designated by title
and bound as provided by section 738 of this title; and the
departmental edition, if any, shall be printed concurrently
with the ``usual number''. Hearings of committees may be
printed as congressional documents only when specifically
ordered by Congress or either House. (Oct. 22, 1968, Pub. L.
90-620, 82 Stat. 1250.)
630
630 Sec. 720. Senate and House Manuals.
Each House may order printed as many copies as it
desires, of the Senate Manual and of the Rules and Manual of
the House of Representatives, even though the cost exceed
$500. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251.)
631
631 Sec. 721. Congressional Directory.\1\
(a) There shall be prepared under the direction of the
Joint Committee on Printing (1) a Congressional Directory,
which shall be printed and distributed as early as
practicable during the first session of each Congress and
(2) a supplement to each Congressional Directory, which
shall be printed and distributed as early as practicable
during the second regular session of each Congress. The
Joint Committee shall control the number and distribution of
the Congressional Directory and each supplement.
\1\See footnote to Senate Manual section 613.
(b) One copy of the Congressional Directory delivered to
Members of the Senate and the House of Representatives
(including Delegates and the Resident Commissioner) shall be
bound in cloth and imprinted on the cover with the name of
the Member. Copies of the Congressional Directory delivered
to depository libraries may be bound in cloth. All other
copies of the Congressional Directory shall be bound in
paper and names shall not be imprinted thereon, except that
copies printed
[[Page 870]]
for sale under section 722 may be bound in cloth. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1251; Aug. 5, 1977, Pub. L.
95-94, Sec. 404, 91 Stat. 682.)
632
632 Sec. 722. Congressional Directory: sale.
The Public Printer, under the direction of the Joint
Committee on Printing, may print the current Congressional
Directory for sale at a price sufficient to reimburse the
expense of printing. The money derived from sales shall be
paid into the Treasury and accounted for in his annual
report to Congress, and sales may not be made on credit.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251.)
633
633 Sec. 723. Memorial addresses; preparation; distribution.\1\
After the final adjournment of each session of Congress,
there shall be compiled, prepared, printed with
illustrations, and bound in cloth in one volume, in the
style, form, and manner directed by the Joint Committee on
Printing, without extra compensation to any employee, the
legislative proceedings of Congress and the exercises at the
general memorial services held in the House of
Representatives during each session relative to the death of
a Member of Congress or a former Member of Congress who
served as speaker, together with all relevant memorial
addresses and eulogies published in the Congressional Record
during the same session of Congress, and any other matter
the Joint Committee considers relevant; and there shall be
printed as many copies as needed to supply the total
quantity provided for by this section, of which fifty
copies, bound in full morocco, with gilt edges, suitably
lettered as may be requested, shall be delivered to the
family of the deceased, and the remaining copies shall be
distributed as follows:
\1\See footnote to Senate Manual section 613. Title VIII
of Public Law 94-59, Sec. 801 July 25, 1975, 89 Stat.
296, provides in part as follows: ``Hereafter,
appropriations for authorized printing and binding for
Congress shall not be available under the authority of
section 723 of title 44 of the United States Code for
the printing, publication, and distribution of more than
fifty bound eulogies to be delivered to the family of
the deceased, and in the case of a deceased Senator or
deceased Representative (including Delegates to Congress
and the Resident Commissioner from Puerto Rico), there
shall be furnished to his successor in office two
hundred and fifty copies.''.
of all eulogies on deceased Members of
Congress to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress, one copy;
of the eulogies on deceased Senators there
shall be furnished two hundred and fifty copies
for each Senator of the State represented by the
deceased and twenty copies for each
Representative from that State;
of the eulogies on a deceased Representative
and Resident Commissioner two hundred and fifty
copies for his successor in office; twenty
copies for each of the other Representatives, or
Resident Commissioner of the State, or insular
possession represented by the deceased; and
twenty copies for each Senator from that State.
The ``usual number'' of memorial addresses may not be
printed. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251; Oct.
1, 1981, Pub. L. 97-51, Sec. 101(c), 95 Stat. 959.)
[[Page 871]]
634
634 Sec. 724. Memorial addresses: illustrations.
The illustrations to accompany bound copies of memorial
addresses delivered in Congress shall be made at the Bureau
of Engraving and Printing and paid for out of the
appropriation for that bureau, or, in the discretion of the
Joint Committee on Printing, shall be obtained elsewhere by
the Public Printer and charged to the allotment for printing
and binding for Congress. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1252.)
635
635 Sec. 725. Statement of appropriations; ``usual number''.
Of the statements of appropriations required to be
prepared by section 105 of Title 2, there shall be printed,
after the close of each regular session of Congress, the
usual number of copies. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1252.)
636
636 Sec. 726. Printing for committees for Congress.\1\
A Committee of Congress may not procure the printing of
more than one thousand copies of a hearing, or other
document germane thereto, for its use except by simple,
concurrent, or joint resolution, as provided by section 703
of this title. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1252.)
\1\ See footnote to Senate Manual section 613.
637
637 Sec. 727. Committee reports: indexing and binding.
The Secretary of the Senate and the Clerk of the House
of Representatives shall procure and file for the use of
their respective House copies of all reports made by
committees, and at the close of each session of Congress
shall have the reports indexed and bound, one copy to be
deposited in the library of each House and one copy in the
committee from which the report emanates. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1252.)
638
638 Sec. 728. United States Statutes at Large: distribution.\2\
The Public Printer, after the final adjournment of each
regular session of Congress, shall print and bind copies of
the United States Statutes at Large, to be charged to the
congressional allotment for printing and binding. The Joint
Committee on Printing shall control the number and
distribution of the copies.
\2\Title X of Pub. L. 94-440, Sec. 1000, Oct. 1, 1976,
90 Stat. 1459, provides in part as follows: ``Hereafter,
notwithstanding any other provisions of law,
appropriations for the automatic distribution to
Senators and Representatives (including Delegates to
Congress and the Resident Commissioner from Puerto Rico)
of copies of the United States Statutes at Large shall
not be available with respect to any Senator or
Representative unless such Senator or Representative
specifically, in writing, requests that he receive
copies of such document.''.
The Public Printer shall print and, after the end of
each calendar year, bind and deliver to the Superintendent
of Documents a number of copies of the United States
Treaties and Other International Agreements not exceeding
the number of copies of the United States Statutes at Large
required for distribution in the manner provided by law.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1252.)
639
639 Sec. 730. Distribution of documents to Members of Congress.
When, in the division among Senators, and
Representatives, of documents printed for the use of
Congress there is an apportionment to each or either House
in round numbers, the Public Printer may not
[[Page 872]]
deliver the full number so accredited at the Senate Service
Department and House of Representatives Publications
Distribution Service, but only the largest multiple of the
number constituting the full membership of that House,
including the Secretary and Sergeant at Arms of the Senate
and Clerk and Sergeant at Arms of the House, which is
contained in the round numbers thus accredited to that
House, so that the number delivered divides evenly and
without remainder among the Members of the House to which
they are delivered; and the remainder of the documents thus
resulting shall be turned over to the Superintendent of
Documents, to be distributed by him, first, to public and
school libraries for the purpose of completing broken sets;
second, to public and school libraries that have not been
supplied with any portions of the sets, and, lastly, by sale
to other persons; the libraries to be named to him by
Senators and Representatives; and in this distribution the
Superintendent of Documents, as far as practicable, shall
make an equal allowance to each Senator and Representative.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1253; Pub. L. 104-
186, Title II, Sec. 223(3), Aug. 20, 1996, 110 Stat. 1751.)
640
640 Sec. 731. Allotments of public documents printed after
expiration of terms of Members of Congress; rights of
retiring Members to documents.
The Congressional allotment of public documents, other
than the Congressional Record, printed after the expiration
of the term of office of the Vice President of the United
States, or Senator, Representative, or Resident
Commissioner, shall be delivered to his successor in office.
Unless the Vice President of the United States, a
Senator, Representative, or Resident Commissioner, having
public documents to his credit at the expiration of his term
of office takes them prior to the 30th day of June next
following the date of expiration, he shall forfeit them to
his successor in office. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1253.)
641
641 Sec. 732. Time for distribution of documents by Members of
Congress extended.
Reelected Members may distribute public documents to
their credit, or the credit of their respective districts in
the Interior or other Departments and bureaus, and in the
Government Printing Office, during their successive terms
and until their right to frank documents ends. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1253.)
642
642 Sec. 733. Documents and reports ordered by Members of
Congress; franks and envelopes for Members of Congress.
The Public Printer on order of a Member of Congress, on
prepayment of the cost, may reprint documents and reports of
committees together with the evidence papers submitted, or
any part ordered printed by the Congress.
He may also furnish without cost to Members and the
Resident Commissioner from Puerto Rico, blank franks printed
on sheets and perforated, or singly at their option, for
public documents. Franks shall contain in the upper left-
hand corner the following words: ``Public document. United
States Senate'' or ``House of Representatives U.S.'' and in
upper right-hand corner the letters ``U.S.S.'' or ``M.C.''
Franks may also contain information relating to missing
children as provided in section 3220 of title 39. But he may
not print any other words except
[[Page 873]]
where it is desirable to affix the official title of a
document. Other words printed on franks shall be at the
personal expense of the Member or Resident Commissioner
ordering them.
At the request of a Member of Congress or Resident
Commissioner the Public Printer may print upon franks or
envelopes used for mailing public documents the facsimile
signature of the Member or Resident Commissioner and a
special request for return if not called for, and the name
of the State or Commonwealth and county and city. The Member
or Resident Commissioner shall deposit with his order the
extra expense involved in printing these additional words.
The Public Printer may also, at the request of a Member
or Resident Commissioner, print on envelopes authorized to
be furnished, the name of the Member or Resident
Commissioner, and State or Commonwealth, the date, and the
topic or subject matter, not exceeding twelve words.
The Public Printer shall deposit moneys accruing under
this section in the Treasury of the United States to the
credit of the appropriation made for the working capital of
the Government Printing Office for the year in which the
work is done. He shall account for them in his annual report
to Congress. (As amended Pub. L. 93-191, Sec. 8(a), Dec. 18,
1973, 87 Stat. 745; Pub. L. 93-255, Sec. 2(b), Mar. 27,
1974, 88 Stat. 52; Pub. L. 99-87, Sec. 1(c)(2), Aug. 9,
1958, 99 Stat. 291.)
643
643 Sec. 734. Stationery and blank books for Congress.
Upon requisition of the Secretary of the Senate and the
Clerk of the House of Representatives, respectively, the
Public Printer shall furnish stationery, blank books,
tables, forms, and other necessary papers preparatory to
congressional legislation, required for the official use of
the Senate and the House of Representatives, or their
committees and officers. This does not prevent the purchase
by the officers of the Senate and House of Representatives
of stationery and blank books necessary for sales to
Senators and Members in the stationery rooms of the two
Houses as provided by law. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1254.)
644
644 Sec. 735. Binding for Senators.\1\
Each Senator is entitled to the binding in half morocco,
or material not more expensive, of one copy of each public
document to which he is entitled, an account of which shall
be kept by the Secretary of the Senate. (Oct. 22, 1968, Pub.
L. 90-620, 82 Stat. 1254; Pub. L. 104-186, Title II,
Sec. 223(4)(A), Aug. 20, 1996, 110 Stat. 1751.)
\1\The rebinding of clothbound books has been prohibited
by the Joint Committee on Printing under authority of
section 103 of title 44, United States Code (Senate
Manual section 602).
Title VIII of Pub. L. 94-59, Sec. 801, July 25, 1975, 89
Stat. 296, provides in part as follows: ``Hereafter,
notwithstanding any other provisions of law,
appropriations for the binding of copies of public
documents by Committees for distribution to Senators and
Representatives (including Delegates to Congress and the
Resident Commissioner from Puerto Rico) shall not be
available for a Senator or Representative unless such
Senator or Representative specifically, in writing,
requests that he receive bound copies of any such
documents.''.
645
645 Sec. 736. Binding at expense of Members of Congress.
The Public Printer may bind at the Government Printing
Office books, maps, charts, or documents published by
authority of Congress, upon
[[Page 874]]
application of a Member of Congress, and payment of the
actual cost of binding. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1254.)
646
646 Sec. 737. Binding for Senate library.\1\
The Secretary of the Senate may make requisition upon
the Public Printer for the binding for the Senate library of
books he considers necessary, at a cost not to exceed $200
per year. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1254.)
\1\The ceiling of $200 per year for binding for the
Senate library has been removed by the Joint Committee
on Printing under authority of section 103 of title 44,
United States Code (Senate Manual section 602).
647
647 Sec. 738. Binding of publications for distribution to
libraries.
The Public Printer shall supply the Superintendent of
Documents with sufficient copies of publications distributed
in unbound form, to be bound and distributed to the State
libraries and other designated depositories for their
permanent files. Every publication of sufficient size on any
one subject shall be bound separately and receive the title
suggested by the subject of the volume, and the others shall
be distributed in unbound form as soon as printed. The
library edition, as well as all other bound sets of
congressional numbered documents and reports, shall be
arranged in volumes and bound in the manner directed by the
Joint Committee on Printing. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1254.)
648
648 Sec. 739. Senate and House document rooms; superintendents.
There shall be one document room of the Senate and one
of the House of Representatives, to be designated,
respectively, the ``Senate and House document room.'' Each
shall be in charge of a superintendent, who shall be
appointed by the Secretary of the Senate and the Clerk of
the House, respectively, together with the necessary
assistants. The Senate document room shall be under the
jurisdiction of the Secretary of the Senate. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1254; Pub. L. 104-186, Title II,
Sec. 223(5), Aug. 20, 1996, 110 Stat. 1751.)
649
649 Sec. 740. Senate Service Department and House Publications
Distribution Service; superintendents.
There shall be a Senate Service Department and a House
of Representatives Publications Distribution Service in the
charge of superintendents, appointed respectively by the
Sergeant at Arms of the Senate and Chief Administrative
Officer of the House of Representatives, together with the
necessary assistants. Reports or documents to be distributed
for the Senators and Representatives shall be folded and
distributed from the Senate Service Department and House of
Representatives Publications Distribution Service, unless
otherwise ordered, and the respective superintendent shall
notify each Senator and Representative in writing once every
sixty days of the number and character of publications on
hand and assigned to him for use and distribution. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1255; Pub. L. 104-186, Title
II, Sec. 223(6), Aug. 20, 1996, 110 Stat. 1751.)
650
650 Sec. 741. Disposition of documents stored at Capitol.
The Secretary and Sergeant at Arms of the Senate and the
Clerk and Doorkeeper of the House of Representatives, at the
convening in regular session of each successive Congress
shall cause an invoice to be made of public documents stored
in and about the Capitol, other
[[Page 875]]
than those belonging to the quota of Members of Congress, to
the Library of Congress and the Senate and House libraries
and document rooms. The superintendents of the Senate
Service Department and House of Representatives Publications
Distribution Service shall put the documents to the credit
of Senators and Representatives in quantities equal in the
number of volumes and as nearly as possible in value, to
each Member of Congress, and the documents shall be
distributed upon the orders of Senators and Representatives,
each of whom shall be supplied by the superintendents of the
Senate Service Department and House of Representatives
Publications Distribution Service with a list of the number
and character of the publications thus put to his credit,
but before apportionment is made copies of any of these
documents desired for the use of a committee of either House
shall be delivered to the chairman of the committee.
Four copies of leather-bound documents shall be reserved
and carefully stored, to be used in supplying deficiencies
in the Senate and House libraries caused by wear or loss.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1255.)
Chapter 9.--CONGRESSIONAL RECORD
651
651 Sec. 901. Congressional Record: arrangement, style,
contents, and indexes.
The Joint Committee on Printing shall control the
arrangement and style of the Congressional Record, and while
providing that it shall be substantially a verbatim report
of proceedings, shall take all needed action for the
reduction of unnecessary bulk. It shall provide for the
publication of an index of the Congressional Record
semimonthly during and at the close of sessions of Congress.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1255.)
652
652 Sec. 902. Congressional Record: indexes.
The Joint Committee on Printing shall designate to the
Public Printer competent persons to prepare the semimonthly
and the session index to the Congressional Record and shall
fix the compensation to be paid by the Public Printer for
that work, and direct the form and manner of its publication
and distribution. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1256.)
653
653 Sec. 903. Congressional Record: daily and permanent forms.
The public proceedings of each House of Congress as
reported by the Official Reporters, shall be printed in the
Congressional Record, which shall be issued in daily form
during each session and shall be revised, printed, and bound
promptly, as directed by the Joint Committee on Printing, in
permanent form, for distribution during and after the close
of each session of Congress. The daily and the permanent
Record shall bear the same date, which shall be that of the
actual day's proceedings reported. The ``usual number'' of
the Congressional Record may not be printed. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1256.)
654
654 Sec. 904. Congressional Record: maps; diagrams;
illustrations.
Maps, diagrams, or illustrations may not be inserted in
the Record without the approval of the Joint Committee on
Printing. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1256.)
[[Page 876]]
655
655 Sec. 905. Congressional Record: additional insertions.
The Joint Committee on Printing shall provide for
printing in the daily Record the legislative program for the
day together with a list of congressional committee meetings
and hearings, and the place of meeting and subject matter.
It shall cause a brief resume of congressional activities
for the previous day to be incorporated in the Record,
together with an index of its contents prepared under the
supervision of the Secretary of the Senate and the Clerk of
the House of Representatives, respectively. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1256.)
656
656 Sec. 906. Congressional Record: gratuitous copies;
delivery.\1\
The Public Printer shall furnish the Congressional
Record only as follows:
\1\ Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 546, provides
in part as follows: ``Hereafter, appropriations for
authorized printing and binding for Congress shall not
be available under the authority of the Act of October
22, 1968 (44 U.S.C. 906) for the printing, publication,
and distribution of more than one copy of the bound
permanent editions of the Congressional Record for the
Vice President and each Member of the Senate and House
of Representatives.''.
of the bound edition--
to the Senate Service Department five copies
for the Vice President and each Senator;
to the Secretary and Sergeant at Arms of the
Senate, each, two copies;
to the Joint Committee on Printing not to
exceed one hundred copies;
to the House of Representatives Publications
Distribution Service, three copies for each
Representative and Resident Commissioner in
Congress; and
to the Clerk and Sergeant at Arms of the
House of Representatives, each, two copies;
of the daily edition--
to the Vice President, one hundred copies;
to each Senator, fifty copies (which may be
transferred only to public agencies and
institutions);
to the Secretary and Sergeant at Arms of the
Senate, each, twenty-five copies;
to the Secretary, for official use, not to
exceed thirty-five copies; and
to the Sergeant at Arms for use on the floor
of the Senate, not to exceed fifty copies;
to each Member of the House of
Representatives, the Resident Commissioner from
Puerto Rico, the Delegate from the District of
Columbia, the Delegate from Guam, and the
Delegate from the Virgin Islands, thirty-four
copies (which may be transferred only to public
agencies and institutions);
to the Clerk and Sergeant at Arms of the
House of Representatives, each, twenty-five
copies;
to the Clerk, for official use, not to
exceed fifty copies, and to the Clerk for use on
the floor of the House of Representatives, not
to exceed seventy-five copies;
to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress (and not transferable) three copies
[[Page 877]]
of which one shall be delivered at his
residence, one at his office and one at the
Capitol.
In addition to the foregoing the Congressional Record
shall also be furnished as follows:
In unstitched form, and held in reserve by the Public
Printer, as many copies of the daily Record as may be
required to supply a semimonthly edition, bound in paper
cover together with each semimonthly index when it is
issued, and then be delivered promptly as follows:
to each committee and commission of
Congress, one daily and one semimonthly copy;
to each joint committee and joint commission
in Congress, as may be designated by the Joint
Committee on Printing, two copies of the daily,
one semimonthly copy, and one bound copy;
to the Secretary and the Sergeant at Arms of
the Senate, for office use, each, six
semimonthly copies;
to the Clerk and Sergeant at Arms of the
House, for office use, each, six semimonthly
copies;
to the Joint Committee on Printing, ten
semimonthly copies;
to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress, one semimonthly copy;
to the President of the United States, for
the use of the Executive Office, ten copies of
the daily, two semimonthly copies, and one bound
copy;
to the Chief Justice of the United States
and each of the Associate Justices of the
Supreme Court of the United States, one copy of
the daily;
to the offices of the marshal and clerk of
the Supreme Court of the United States, each,
two copies of the daily and one semimonthly
copy;
to each United States circuit and district
judge, and to the chief judge and each associate
judge of the United States Court of Federal
Claims, the United States Court of International
Trade, the Tax Court of the United States, the
United States Court of Appeals for Veterans
Claims, and the United States Court of Appeals
for the Armed Forces, upon request to a Member
of Congress and notification by the Member to
the Public Printer, one copy of the daily, in
addition to those authorized to be furnished to
Members of Congress under the preceding
provisions of this section;
to the offices of the Vice President and the
Speaker of the House of Representatives, each,
six copies of the daily and one semimonthly
copy;
to the Sergeant at Arms, the Chaplain, the
Postmaster, the superintendent and the foreman
of the Senate Service Department and of the
House of Representatives Publications
Distribution Service, respectively; and to the
Secretaries to the Majority and the Minority of
the Senate, each, one copy of the daily;
to the office of the Parliamentarian of the
House of Representatives, six copies of the
daily, one semimonthly copy, and two bound
copies;
to the offices of the Official Reporters of
Debates of the Senate and House of
Representatives, respectively, each, fifteen
copies of the daily, one semimonthly copy, and
three bound copies;
[[Page 878]]
to the office of the stenographers to
committees of the House of Representatives, four
copies of the daily and one semimonthly copy;
to the office of the Congressional Record
Index, ten copies of the daily and two
semimonthly copies;
to the offices of the superintendent of the
Senate and House document rooms, each, three
copies of the daily, one semimonthly copy, and
one bound copy;
to the offices of the superintendents of the
Senate and House press galleries, each, two
copies of the daily, one semimonthly copy, and
one bound copy;
to the offices of the Legislative Counsel of
the Senate and House of Representatives,
respectively, and the Architect of the Capitol,
each, three copies of the daily, one semimonthly
copy, and one bound copy;
to the Library of Congress for official use
in Washington, District of Columbia, and for
international exchange, as provided by sections
1718 and 1719 of this title, not to exceed one
hundred and forty-five copies of the daily, five
semimonthly copies, and one hundred and fifty
bound copies;
to the library of the Senate, three copies
of the daily, two semimonthly copies, and not to
exceed fifteen bound copies;
to the library of the House of
Representatives, five copies of the daily, two
semimonthly copies, and not to exceed twenty-
eight bound copies, of which eight copies may be
bound in the style and manner approved by the
Joint Committee on Printing;
to the library of the Supreme Court of the
United States, two copies of the daily, two
semimonthly copies, and not to exceed five bound
copies;
to the library of each United States Court
of Appeals, each United States District Court,
the United States Court of Federal Claims, the
United States Court of International Trade, the
Tax Court of the United States, the United
States Court of Appeals for Veterans Claims, and
the United States Court of Appeals for the Armed
Forces, upon request to the Public Printer, one
copy of the daily, one semimonthly copy, and one
bound copy;
to the Public Printer for official use, not
to exceed seventy-five copies of the daily, ten
semimonthly copies, and two bound copies;
to the Director of the Botanic Garden, two
copies of the daily and one semimonthly copy:
to the Archivist of the United States, five
copies of the daily, two semimonthly copies, and
two bound copies;
to the library of each executive department,
independent office, and establishment of the
Government in the District of Columbia, except
those designated as depository libraries, and to
the libraries of the municipal government of the
District of Columbia, the Naval Observatory, and
the Smithsonian Institution, each, two copies of
the daily, one semimonthly copy, and one bound
copy;
to the offices of the Governors of Puerto
Rico, Guam and the Virgin Islands, each, five
copies in both daily and bound form;
to the office of the Governor of the Canal
Zone, five copies in both daily and bound form;
[[Page 879]]
to each ex-President and ex-Vice President
of the United States, one copy of the daily;
to each former Senator, Representative, and
Commissioner from Puerto Rico, upon request to
the Public Printer, one copy of the daily;
to the governor of each State, one copy in
both daily and bound form;
to each separate establishment of the Armed
Forces Retirement Home, to each of the National
Homes for Disabled Volunteer Soldiers, and to
each of the State soldiers' homes, one copy of
the daily;
to the Superintendent of Documents, as many
daily and bound copies as may be required for
distribution to depository libraries;
to the Department of State, not to exceed
one hundred and fifty copies of the daily, for
distribution to each United States embassy and
legation abroad, and to the principal consular
offices in the discretion of the Secretary of
State;
to each foreign legation in Washington whose
government extends a like courtesy to our
embassies and legations abroad, one copy of the
daily, to be furnished upon requisition of and
sent through the Secretary of State;
to each newspaper correspondent whose name
appears in the Congressional Directory, and who
makes application, for his personal use and that
of the papers he represents, one copy of the
daily and one copy of the bound, the same to be
sent to the office address of the member of the
press or elsewhere as he directs; not to exceed
four copies in all may be furnished to members
of the same press bureau.
Copies of the daily edition, unless otherwise directed
by the Joint Committee on Printing, shall be supplied and
delivered promptly on the day after the actual day's
proceedings as originally published. Each order for the
daily Record shall begin with the current issue, if previous
issues of the same session are not available. The
apportionment specified for daily copies may not be
transferred for the bound form and an allotment of daily
copies not used by a Member during a session shall lapse
when the session ends. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1256; June 12, 1970, Pub. L. 91-276, 84 Stat. 303;
Aug. 10, 1972, Pub. L. 92-373, 86 Stat. 528; June 8, 1974,
Pub. L. 93-314, Sec. 1(b), 88 Stat. 239; Aug. 5, 1977, Pub.
L. 95-94, Sec. 407(a), 91 Stat. 683; Oct. 10, 1980, Pub. L.
96-417, Title VI, Sec. 601(11), 94 Stat. 1744; Apr. 2, 1982,
Pub. L. 97-164, Sec. 164(2), 96 Stat. 50; Pub. L. 101-510,
Title XV, Secs. 1533(c)(3), 1541(a), Nov. 5, 1990, 104 Stat.
1736; Pub. L. 102-82, Sec. 6, Aug. 6, 1991, 105 Stat. 337;
Pub. L. 103-337, Sec. 924(d)(1)(D), Oct. 5, 1994, 108 Stat.
2832; Pub. L. 104-186, Title II, Sec. 223(7), Aug. 20, 1996,
110 Stat. 1751; Pub. L. 105-368, Sec. 512(b)(1)(C), 112
Stat. 3342.)
657
657 Sec. 907. Congressional Record: extracts for Members of
Congress; mailing envelopes.
The Public Printer may print and deliver, upon the order
of a Member of Congress and payment of the cost, extracts
from the Congressional Record. The Public Printer may
furnish without cost to Members and the Resident
Commissioner, envelopes, ready for mailing the Congressional
Record or any part of it, or speeches, or reports in it, if
such part, speeches, or reports are mailable as franked mail
under section
[[Page 880]]
3210 of title 39. Envelopes so furnished shall contain in
the upper left-hand corner the following words: ``United
States Senate'' or ``House of Representatives, U.S. Part of
Congressional Record'', and in the upper right-hand corner
the letters ``U.S.S.'' or ``M.C.'', and the Public Printer
may, at the request of a Member or Resident Commissioner,
print in addition to the foregoing, his name and State or
Commonwealth, the date, and the topic or subject matter, not
exceeding twelve words. He may not print any other words on
envelopes, except at the personal expense of the Member or
Resident Commissioner ordering the envelopes, except to
affix the official title of a document. The Public Printer
shall deposit moneys accruing under this section in the
Treasury of the United States to the credit of the
appropriation made for the working capital of the Government
Printing Office for the year in which the work is done, and
accounted for in his annual report to Congress. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1259; Dec. 18, 1973, Pub. L.
93-191, Sec. 8(b), 87 Stat. 745; Mar. 27, 1974, Pub. L. 93-
255, Sec. 2(c), 88 Stat. 52.)
658
658 Sec. 908. Congressional Record: payment for printing
extracts or other documents.
If a Member or Resident Commissioner fails to pay the
cost of printing extracts from the Congressional Record or
other documents ordered by him to be printed, the Public
Printer shall certify the amount due to the Chief
Administrative Officer of the House of Representatives or
the financial clerk of the Senate, as the case may be, who
shall deduct from any salary due the delinquent the amount,
or as much of it as the salary due may cover, and pay the
amount so obtained to the Public Printer, to be applied by
him to the satisfaction of the indebtedness. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1260; Pub. L. 104-186, Title II,
Sec. 223(8), Aug. 20, 1996, 110 Stat. 1752.)
659
659 Sec. 910. Congressional Record: subscriptions; sale of
current, individual numbers, and bound sets; postage
rate.
(a) Under the direction of the Joint Committee, the
Public Printer may sell--
(1) subscriptions to the daily Record; and
(2) current, individual numbers, and bound
sets of the Congressional Record.
(b) The price of a subscription to the daily Record and
of current, individual numbers, and bound sets shall be
determined by the Public Printer based upon the cost of
printing and distribution. Any such price shall be paid in
advance. The money from any such sale shall be paid into the
Treasury and accounted for in the Public Printer's annual
report to Congress.
(c) The Congressional Record shall be entitled to be
mailed at the same rates of postage at which any newspaper
or other periodical publication, with a legitimate list of
paid subscribers, is entitled to be mailed. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1260; June 8, 1974, Pub. L. 93-314,
Sec. 1(a), 88 Stat. 239.)
[[Page 881]]
Chapter 11.--EXECUTIVE AND JUDICIARY PRINTING AND BINDING
660
660 Sec. 1104. Restrictions on use of illustrations.
Appropriations made for printing and binding may not be
used for an illustration, engraving, or photograph in a
document or report ordered printed by Congress unless the
order to print expressly authorizes it, nor in a document or
report of an executive department, independent office or
establishment of the Government until the head of the
executive department or Government establishment certifies
in a letter transmitting the report that the illustration,
engraving, or photograph is necessary and relates entirely
to the transaction of public business. (Oct. 22, 1968, Pub.
L. 90-620, 82 Stat. 1261.)
Chapter 13.--PARTICULAR REPORTS AND DOCUMENTS
661
661 Sec. 1301. Agriculture, Department of: report of Secretary.
The annual report of the Secretary of Agriculture shall
be submitted and printed in two parts, as follows:
part 1, containing purely business and
executive matter necessary for the Secretary to
submit to the President and Congress;
part 2, reports from the different bureaus
and divisions, and papers prepared by their
special agents, accompanied by suitable
illustrations as are, in the opinion of the
Secretary, specially suited to interest and
instruct the farmers of the country, and to
include a general report of the operations of
the department for their information.
In addition to the usual number, there shall be printed
of part 1, one thousand copies for the Senate, two thousand
copies for the House of Representatives, and three thousand
copies for the Department of Agriculture; and of part 2, one
hundred and ten thousand copies for the use of the Senate,
three hundred and sixty thousand copies for the use of the
House of Representatives, and thirty thousand copies for the
use of the Department of Agriculture, the illustrations for
part 2 to be subject to the approval of the Secretary of
Agriculture, and executed under the supervision of the
Public Printer, in accordance with directions of the Joint
Committee on Printing, and the title of each of the parts
shall show that each part is complete in itself. (Pub. L.
90-620, Oct. 22, 1968, 82 Stat. 1265.)
661.1
661.1 Sec. 1326. Librarian of Congress: reports.
Five thousand copies of the annual and special reports
of the Librarian of Congress submitted to Congress, shall be
printed and bound in cloth for the Library of Congress.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1270.)
662
662 Sec. 1339. Printing of the President's Message.\1\
The message of the President without the accompanying
documents and reports shall be printed in pamphlet form,
immediately upon its receipt by Congress. In addition to the
usual number, fifteen thousand
[[Page 882]]
copies shall be printed, of which five thousand shall be for
the Senate, and ten thousand for the House of
Representatives.
\1\See footnote to Senate Manual section 613.
In addition to the usual number of the President's
message and accompanying documents, there shall be printed
one thousand copies for the Senate and two thousand for the
House of Representatives. The President's message shall be
delivered by the printer to the appropriate officers of each
House of Congress on or before the third Wednesday next
after the meeting of Congress, or as soon after as may be
practicable. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1272.)
Chapter 17.--DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS
663
663 Sec. 1705. Printing additional copies for sale to public;
regulations.
The Public Printer shall print additional copies of a
Government publication, not confidential in character,
required for sale to the public by the Superintendent of
Documents, subject to regulation by the Joint Committee on
Printing and without interference with the prompt execution
of printing for the Government. (Oct. 22, 1968, Pub. L. 90-
620, 82 Stat. 1279.)
664
664 Sec. 1706. Printing and sale of extra copies of documents.
The Public Printer shall furnish to applicants giving
notice before the matter is put to press, not exceeding two
hundred and fifty to any one applicant, copies of bills,
reports, and documents. The applicants shall pay in advance
the price of the printing. The printing of these copies for
private parties may not interfere with the printing for the
Government. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1279.)
665
665 Sec. 1710. Index of documents: number and distribution.
The Superintendent of Documents, at the close of each
regular session of Congress, shall prepare and publish a
comprehensive index of public documents, upon a plan
approved by the Joint Committee on Printing. The Public
Printer shall, immediately upon its publication, deliver to
him a copy of every document printed by the Government
Printing Office. The head of each executive department,
independent agency and establishment of the Government shall
deliver to him a copy of every document issued or published
by the department, bureau, or office not confidential in
character. He shall also prepare and print in one volume a
consolidated index of Congressional documents, and shall
index single volumes of documents as the Joint Committee on
Printing directs. Two thousand copies each of the
comprehensive index and of the consolidated index shall be
printed and bound in addition to the usual number, two
hundred for the Senate, eight hundred for the House of
Representatives and one thousand for distribution by the
Superintendent of Documents. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1280.)
666
666 Sec. 1715. Publications for department or officer or for
congressional committees.
When printing not bearing a congressional number, except
confidential matter, blank forms, and circular letters not
of a public character, is done for a department or officer
of the Government, or not of a confidential character, is
done for use of congressional committees, two copies shall
be sent, unless withheld by order of the committee, by the
Public Printer to the Senate and House of Representatives
libraries, respec
[[Page 883]]
tively, and one copy each to the document rooms of the
Senate and House of Representatives, for reference; and
these copies may not be removed. (Oct. 22, 1968, Pub. L. 90-
620, 82 Stat. 1281.)
667
667 Sec. 1718. Distribution of Government publications to the
Library of Congress.\1\
There shall be printed and furnished to the Library of
Congress for official use in the District of Columbia not to
exceed twenty-five copies of:
\1\See footnote to Senate Manual section 613.
House documents and reports, bound;
Senate documents and reports, bound;
Senate and House journals, bound;
public bills and resolutions;
the United States Code and supplements,
bound; and
all other publications and maps which are
printed, or otherwise reproduced, under
authority of law, upon the requisition of a
Congressional committee, executive department,
bureau, independent office, establishment,
commission, or officer of the Government.
Confidential matter, blank forms, and circular letters
not of a public character shall be excepted.
In addition, there shall be delivered as printed to the
Library of Congress:
ten copies of each House document and
report, unbound;
ten copies of each Senate document and
report, unbound;
and
ten copies of each private bill and
resolution and fifty copies of the laws in slip
form. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1282; Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e),
96 Stat. 1189.)
668
668 Sec. 1719. International exchange of Government
publications.
For the purpose of more fully carrying into effect the
convention concluded at Brussels on March 15, 1886, and
proclaimed by the President of the United States on January
15, 1889, there shall be supplied to the Superintendent of
Documents not to exceed one hundred and twenty-five copies
each of all Government publications, including the daily and
bound copies of the Congressional Record, for distribution
to those foreign governments which agree, as indicated by
the Library of Congress, to send to the United States
similar publications of their governments for delivery to
the Library of Congress. Confidential matter, blank forms,
circular letters not of a public character, publications
determined by their issuing department, office, or
establishment to be required for official use only or for
strictly administrative or operational purposes which have
no public interest or educational value, and publications
classified for reasons of national security shall be
exempted from this requirement. The printing, binding, and
distribution costs of any publication distributed in
accordance with this section shall be charged to
appropriations provided to the Superintendent of Documents
for that purpose. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1282; Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e), 96 Stat.
1189; Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat.
1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986,
100 Stat. 3341-287, as amended July 1987, Pub. L. 100-71,
Title I, 101 Stat. 425.)
[[Page 884]]
Chapter 19.--DEPOSITORY LIBRARY PROGRAM
669
669 Sec. 1901. Definition of Government publication.
``Government publication'' as used in this chapter,
means informational matter which is published as an
individual document at Government expense, or as required by
law. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1283.)
670
670 Sec. 1902. Availability of Government publications through
Superintendent of Documents; lists of publications not
ordered from Government Printing Office.
Government publications, except those determined by
their issuing components to be required for official use
only or for strictly administrative or operational purposes
which have no public interest or educational value and
publications classified for reasons of national security,
shall be made available to depository libraries through the
facilities of the Superintendent of Documents for public
information. Each component of the Government shall furnish
the Superintendent of Documents a list of such publications
it issued during the previous month, that were obtained from
sources other than the Government Printing Office. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1283.)
671
671 Sec. 1903. Distribution of publications to depositories;
notice to Government components; cost of printing and
binding.
Upon request of the Superintendent of Documents,
components of the Government ordering the printing of
publications shall either increase or decrease the number of
copies of publications furnished for distribution to
designated depository libraries and State libraries so that
the number of copies delivered to the Superintendent of
Documents is equal to the number of libraries on the list.
The number thus delivered may not be restricted by any
statutory limitation in force on August 9, 1962. Copies of
publications furnished the Superintendent of Documents for
distribution to designated depository libraries shall
include--
the journals of the Senate and House of
Representatives;
all publications, not confidential in
character, printed upon the requisition of a
congressional committee;
Senate and House public bills and
resolutions; and
reports on private bills, concurrent or
simple resolutions;
but not so-called cooperative publications which must
necessarily be sold in order to be self-sustaining.
The Superintendent of Documents shall currently inform
the components of the Government ordering printing of
publications as to the number copies of their publications
required for distribution to depository libraries. The cost
of printing and binding those publications distributed to
depository libraries obtained elsewhere than from the
Government Printing Office, shall be borne by components of
the Government responsible for their issuance; those
requisitioned from the Government Printing Office shall be
charged to appropriations provided the Superintendent of
Documents for that purpose. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1283.)
[[Page 885]]
672
672 Sec. 1904. Classified list of Government publications for
selection by depositories.
The Superintendent of Documents shall currently issue a
classified list of Government publications in suitable form,
containing annotations of contents and listed by item
identification numbers to facilitate the selection of only
those publications needed by depository libraries. The
selected publications shall be distributed to depository
libraries in accordance with regulations of the
Superintendent of Documents, as long as they fulfill the
conditions provided by law. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1284.)
673
673 Sec. 1905. Distribution to depositories; designation of
additional libraries; justification; authorization for
certain designations.
The Government publications selected from lists prepared
by the Superintendent of Documents, and when requested from
him, shall be distributed to depository libraries
specifically designated by law and to libraries designated
by Senators, Representatives, and the Resident Commissioner
from Puerto Rico, by the Commissioner of the District of
Columbia, and by the Governors of Guam, American Samoa, and
the Virgin Islands, respectively. Additional libraries
within areas served by Representatives or the Resident
Commissioner from Puerto Rico may be designated by them to
receive Government publications to the extent that the total
number of libraries designated by them does not exceed two
within each area. Not more than two additional libraries
within a State may be designated by each Senator from the
State. Before an additional library within a State,
congressional district or the Commonwealth of Puerto Rico is
designated as a depository for Government publications, the
head of that library shall furnish his Senator,
Representative, or the Resident Commissioner from Puerto
Rico, as the case may be, with justification of the
necessity for the additional designation. The justification,
which shall also include a certification as to the need for
the additional depository library designation, shall be
signed by the head of every existing depository library
within the congressional district or the Commonwealth of
Puerto Rico or by the head of the library authority of the
State or the Commonwealth of Puerto Rico, within which the
additional depository library is to be located. The
justification for additional depository library designations
shall be transmitted to the Superintendent of Documents by
the Senator, Representative, or the Resident Commissioner
from Puerto Rico, as the case may be. The Commissioner of
the District of Columbia may designate two depository
libraries in the District of Columbia, the Governor of Guam
and the Governor of American Samoa may each designate one
depository library in Guam and American Samoa, respectively,
and the Governor of the Virgin Islands may designate one
depository library on the island of Saint Thomas and one on
the island of Saint Croix. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1284.)
674
674 Sec. 1906. Land-grant colleges constituted depositories.
Land-grant colleges are constituted depositories to
receive Government publications subject to the depository
laws. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1284.)
[[Page 886]]
675
675 Sec. 1909. Requirements of depository libraries; reports on
conditions; investigations; termination; replacement.
Only a library able to provide custody and service for
depository materials and located in an area where it can
best serve the public need, and within an area not already
adequately served by existing depository libraries may be
designated by Senators, Representatives, the Resident
Commissioner from Puerto Rico, the Commissioner of the
District of Columbia, or the Governors of Guam, American
Samoa, or the Virgin Islands as a depository of Government
publications. The designated depository libraries shall
report to the Superintendent of Documents at least every two
years concerning their condition.
The Superintendent of Documents shall make firsthand
investigation of conditions for which need is indicated and
include the results of investigations in his annual report.
When he ascertains that the number of books in a depository
library is below ten thousand, other than Government
publications, or it has ceased to be maintained so as to be
accessible to the public, or that the Government
publications which have been furnished the library have not
been properly maintained, he shall delete the library from
the list of depository libraries if the library fails to
correct the unsatisfactory conditions within six months. The
Representative or the Resident Commissioner from Puerto Rico
in whose area the library is located or the Senator who made
the designation, or a successor of the Senator, and, in the
case of a library in the District of Columbia, the
Commissioner of the District of Columbia, and in the case of
a library in Guam, American Samoa, or the Virgin Islands,
the Governor, shall be notified and shall then be authorized
to designate another library within the area served by him,
which shall meet the conditions herein required, but which
may not be in excess of the number of depository libraries
authorized by law within the State, district, territory, or
the Commonwealth of Puerto Rico, as the case may be. (Oct.
22, 1968, Pub. L. 90-620, 82 Stat. 1285.)
676
676 Sec. 1910. Designations of replacement depositories;
limitations on numbers; conditions.
The designation of a library to replace a depository
library, other than a depository library specifically
designated by law, may be made only within the limitations
on total numbers specified by section 1905 of this title,
and only when the library to be replaced ceases to exist, or
when the library voluntarily relinquishes its depository
status, or when the Superintendent of Documents determines
that it no longer fulfills the conditions provided by law
for depository libraries. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1286.)
677
677 Sec. 1912. Regional depositories; designation; functions;
disposal of publications.
Not more than two depository libraries in each State and
the Commonwealth of Puerto Rico may be designated as
regional depositories, and shall receive from the
Superintendent of Documents copies of all new and revised
Government publications authorized for distribution to
depository libraries. Designation of regional depository
libraries may be made by a Senator or the Resident
Commissioner from Puerto Rico within the areas served by
them, after approval by the head of the library authority of
the State or the Commonwealth of Puerto Rico, as the case
may be, who shall first ascertain from the head of the
[[Page 887]]
library to be so designated that the library will, in
addition to fulfilling the requirements for depository
libraries, retain at least one copy of all Government
publications either in printed or microfacsimile form
(except those authorized to be discarded by the
Superintendent of Documents); and within the region served
will provide interlibrary loan, reference service, and
assistance for depository libraries in the disposal of
unwanted Government publications. The agreement to function
as a regional depository library shall be transmitted to the
Superintendent of Documents by the Senator or the Resident
Commissioner from Puerto Rico when the designation is made.
The libraries designated as regional depositories may
permit depository libraries, within the areas served by
them, to dispose of Government publications which they have
retained for five years after first offering them to other
depository libraries within their area, then to other
libraries. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1286.)
678
678 Sec. 1914. Implementation of depository library program
by Public Printer.
The Public Printer, with the approval of the Joint
Committee on Printing, as provided by section 103 of this
title, may use any measures he considers necessary for the
economical and practical implementation of this chapter.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1287.)
678.1
678.1 Sec. 1915. Highest State appellate court libraries as
depository libraries.
Upon the request of the highest appellate court of a
State, the Public Printer is authorized to designate the
library of that court as a depository library. The
provisions of section 1911 of this title shall not apply to
any library so designated. (Aug. 10, 1972, Pub. L. 92-368,
Sec. 1(a), 86 Stat. 507.)
678.2
678.2 Sec. 1916. Designation of libraries of accredited law
schools as depository libraries.
(a) Upon the request of any accredited law school, the
Public Printer shall designate the library of such law
school as a depository library. The Public Printer may not
make such designation unless he determines that the library
involved meets the requirements of this chapter, other than
those requirements of the first undesignated paragraph of
section 1909 of this title which relate to the location of
such library.
(b) For purposes of this section, the term ``accredited
law school'' means any law school which is accredited by a
nationally recognized accrediting agency or association
approved by the Commissioner of Education for such purpose
or accredited by the highest appellate court of the State in
which the law school is located. (April 17, 1978, Pub. L.
95-261, Sec. 1, 92 Stat. 199.)
Chapter 21.--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
679
679 Sec. 2112. Presidential archival depository.
(a)(1) When the Archivist considers it to be in the
public interest, the Archivist may--
[[Page 888]]
(A)(i) accept, for and in the name of the
United States, land, a facility, and equipment
offered as a gift to the United States for the
purpose of creating a Presidential archival
depository;
(ii) take title to the land, facility, and
equipment on behalf of the United States; and
(iii) maintain, operate, and protect the
land, facility, and equipment as a Presidential
archival depository and as part of the national
archives system; * * *
(3) Prior to accepting and taking title to any land,
facility, or equipment under subparagraph (A) of paragraph
(1), or prior to entering into any agreement under
subparagraph (B) of such paragraph or any other agreement to
accept or establish a Presidential archival depository, the
Archivist shall submit a written report on the proposed
Presidential archival depository to the President of the
Senate and the Speaker of the House of Representatives. The
report shall include--
(A) a description of the land, facility, and
equipment offered as a gift or to be made
available without transfer of title;
(B) a statement specifying the estimated
total cost of the proposed depository and the
amount of the endowment for the depository
required pursuant to subsection (g) of this
section;
(C) a statement of the terms of the proposed
agreement, if any;
(D) a general description of the types of
papers, documents, or other historical materials
proposed to be deposited in the depository to be
created, and of the terms of the proposed
deposit;
(E) a statement of any additional
improvements and equipment associated with the
development and operation of the depository, an
estimate of the costs of such improvements and
equipment, and a statement as to the extent to
which such costs will be incurred by any Federal
or State government agency;
(F) an estimate of the total annual cost to
the United States of maintaining, operating, and
protecting the depository; and
(G) a certification that such facility and
equipment (whether offered as a gift or made
available without transfer of title) comply with
standards promulgated by the Archivist pursuant
to paragraph (2) of this subsection.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1289, Sec. 2108;
Pub. L. 94-575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727;
Pub. L. 95-591, Sec. 2(b)(3), Nov. 4, 1978, 92 Stat. 2528;
renumbered Sec. 2112 and amended Pub. L. 98-497, Title I,
Secs. 102(a)(1), 107(a)(6), Oct. 19, 1984, 98 Stat. 2280,
2286; Pub. L. 99-323, Sec. 3, May 27, 1986, 100 Stat. 495.)
679.1
679.1 Sec. 2118. Records of Congress.
The Secretary of the Senate and the Clerk of the House
of Representatives, acting jointly, shall obtain at the
close of each Congress all the noncurrent records of the
Congress and of each congressional committee and transfer
them to the National Archives and Records Administration for
preservation, subject to the orders of the Senate or the
House of Representatives, respectively. (Pub. L. 90-620,
Oct. 22, 1968, 82 Stat. 1291, Sec. 2114; renumbered and
amended Pub. L. 98-497, Title I, Secs. 102(a)(1),
107(a)(10), Oct. 19, 1984, 98 Stat. 2280, 2286.)
Cross Reference
The Senate provided public access to its records
pursuant to S. Res. 474, Dec. 1, 1980. See Senate Manual
section 60.
[[Page 889]]
Chapter 33.--DISPOSAL OF RECORDS
680
680 Sec. 3303a. Examination by Archivist of lists and schedules
of records lacking preservation value; disposal of
records.
(a) The Archivist shall examine the lists and schedules
submitted to him under section 3303 of this title. If the
Archivist determines that any of the records listed in a
list or schedule submitted to him do not, or will not after
the lapse of the period specified, have sufficient
administrative, legal, research, or other value to warrant
their continued preservation by the Government, he may,
after publication of notice in the Federal Register and an
opportunity for interested persons to submit comment
thereon--
(1) notify the agency to that effect; and
(2) empower the agency to dispose of those
records in accordance with regulations
promulgated under section 3302 of this title.
(b) Authorizations granted under lists and schedules
submitted to the Archivist under section 3303 of this title,
and schedules promulgated by the Archivist under subsection
(d) of this section, shall be mandatory, subject to section
2909 of this title. As between an authorization granted
under lists and schedules submitted to the Archivist under
section 3303 of this title and an authorization contained in
a schedule promulgated under subsection (d) of this section,
application of the authorization providing for the shorter
retention period shall be required, subject to section 2909
of this title.
(c) The Archivist may request advice and counsel from
the Committee on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives with respect to the disposal of any
particular records under this chapter whenever he considers
that--
(1) those particular records may be of
special interest to the Congress; or
(2) consultation with the Congress regarding
the disposal of those particular records is in
the public interest.
However, this subsection does not require the Archivist to
request such advice and counsel as a regular procedure in
the general disposal of records under this chapter.
(d) The Archivist shall promulgate schedules authorizing
the disposal, after the lapse of specified periods of time,
of records of a specified form or character common to
several or all agencies if such records will not, at the end
of the periods specified, have sufficient administrative,
legal, research, or other value to warrant their further
preservation by the United States Government. A Federal
agency may request changes in such schedules for its records
pursuant to section 2009 of this title.
(e) The Archivist may approve and effect the disposal of
records that are in his legal custody, provided that records
that had been in the custody of another existing agency may
not be disposed of without the written consent of the head
of the agency.
(f) The Archivist shall make an annual report to the
Congress concerning the disposal of records under this
chapter, including general descriptions of the types of
records disposed of and such other information as he
considers appropriate to keep the Congress fully informed
regarding the disposal of records under this chapter. (Added
Pub. L.
[[Page 890]]
91-287, Sec. 1, June 23, 1970, 84 Stat. 320, and amended
Pub. L. 95-440, Sec. 1, Oct. 10, 1978, 92 Stat. 1063; Pub.
L. 98-497, Title I, Sec. 107(b)(24), (25)(B), Title II,
Sec. 204, Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 104-
186, Title II, Sec. 223(10), Aug. 20, 1996, 110 Stat. 1752.)
Chapter 35.--COORDINATION OF FEDERAL INFORMATION POLICY
681
681 Sec. 3501. Purposes.
The purposes of this chapter are to--
(1) minimize the paperwork burden for
individuals, small businesses, educational and
nonprofit institutions, Federal contractors,
State, local and tribal governments, and other
persons resulting from the collection of
information by or for the Federal Government;
(2) ensure the greatest possible public
benefit from and maximize the utility of
information created, collected, maintained,
used, shared and disseminated by or for the
Federal Government;
(3) coordinate, integrate, and to the extent
practicable and appropriate, make uniform
Federal information resources management
policies and practices as a means to improve the
productivity, efficiency, and effectiveness of
Government programs, including the reduction of
information collection burdens on the public and
the improvement of service delivery to the
public;
(4) improve the quality and use of Federal
information to strengthen decisionmaking,
accountability, and openness in Government and
society;
(5) minimize the cost to the Federal
Government of the creation, collection,
maintenance, use, dissemination, and disposition
of information;
(6) strengthen the partnership between the
Federal Government and State, local, and tribal
governments by minimizing the burden and
maximizing the utility of information created,
collected, maintained, used, disseminated, and
retained by or for the Federal Government;
(7) provide for the dissemination of public
information on a timely basis, on equitable
terms, and in a manner that promotes the utility
of the information to the public and makes
effective use of information technology;
(8) ensure that the creation, collection,
maintenance, use, dissemination, and disposition
of information by or for the Federal Government
is consistent with applicable laws, including
laws relating to--
(A) privacy and confidentiality,
including section 552a of title 5;
(B) security of information, including
the Computer Security Act of 1987 (Public
Law 100-235); and
(C) access to information, including
section 552 of title 5;
(9) ensure the integrity, quality, and
utility of the Federal statistical system;
(10) ensure that information technology is
acquired, used, and managed to improve
performance of agency missions, including the
reduction of information collection burdens on
the public; and
(11) improve the responsibility and
accountability of the Office of Management and
Budget and all other Federal agencies to Con
[[Page 891]]
gress and to the public for implementing the
information collection review process,
information resources management, and related
policies and guidelines established under this
chapter.
(Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812;
amended Pub. L. 99-591, Title VIII, Sec. 811, Oct. 30, 1986,
100 Stat. 3341-335; Pub. L. 104-13; May 22, 1995, 109 Stat.
163.)
682
682 Sec. 3503. Office of Information and Regulatory Affairs.
(a) There is established in the Office of Management and
Budget an office to be known as the Office of Information
and Regulatory Affairs.
(b) There shall be at the head of the Office an
Administrator who shall be appointed by the President, by
and with the advice and consent of the Senate. The Director
shall delegate to the Administrator the authority to
administer all functions under this chapter, except that any
such delegation shall not relieve the Director of
responsibility for the administration of such functions. The
Administrator shall serve as principal adviser to the
Director on Federal information resources management policy.
(Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
2814, and amended Pub. L. 99-500, Title I, Sec. 101(m),
[Title VIII, Sec. 813(a)], Oct. 18, 1986, 100 Stat. 1783-
336; Pub. L. 99--591, Title I, Sec. 101(m), [Title VIII,
Sec. 813(a)], Oct. 30, 1986, 100 Stat. 3341-336; Pub. L.
104-13; May 22, 1995, 109 Stat. 166.)
683
683 Sec. 3505. Assignment of tasks and deadlines.
(a) In carrying out the functions under this chapter,
the Director shall--
(1) in consultation with agency heads, set
an annual Governmentwide goal for the reduction
of information collection burdens by at least 10
percent during each of fiscal years 1996 and
1997 and 5 percent during each of fiscal years
1998, 1999, 2000, and 2001, and set annual
agency goals to--
(A) reduce information collection
burdens imposed on the public that--
(i) represent the maximum
practicable opportunity in each
agency; and
(ii) are consistent with
improving agency management of the
process for the review of
collections of information
established under section 3506(c);
and
(B) improve information resources
management in ways that increase the
productivity, efficiency and effectiveness
of Federal programs, including service
delivery to the public;
(2) with selected agencies and non-Federal
entities on a voluntary basis, conduct pilot
projects to test alternative policies,
practices, regulations, and procedures to
fulfill the purposes of this chapter,
particularly with regard to minimizing the
Federal information collection burden; and
(3) in consultation with the Administrator
of General Services, the Director of the
National Institute of Standards and Technology,
the Archivist of the United States, and the
Director of the Office of Personnel Management,
develop and maintain a Governmentwide strategic
plan for information resources management, that
shall include--
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(A) a description of the objectives and
the means by which the Federal Government
shall apply information resources to improve
agency and program performance;
(B) plans for--
(i) reducing information burdens
on the public, including reducing
such burdens through the elimination
of duplication and meeting shared
data needs with shared resources;
(ii) enhancing public access to
and dissemination of, information,
using electronic and other formats;
and
(iii) meeting the information
technology needs of the Federal
Government in accordance with the
purposes of this chapter; and
(C) a description of progress in
applying information resources management to
improve agency performance and the
accomplishment of missions.
(b) For purposes of any pilot project conducted under
subsection (a)(2), the Director may, after consultation with
the agency head, waive the application of any administrative
directive issued by an agency with which the project is
conducted, including any directive requiring a collection of
information, after giving timely notice to the public and
the Congress regarding the need for such waiver.
(Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
2818; and amended Pub. L. 99-500, Title I, Sec. 101(m),
[Title VIII, Sec. 815], Oct. 18, 1986, 100 Stat. 1783-337;
Pub. L. 99-591, Title I, Sec. 101(m), [Title VIII,
Sec. 815], Oct. 30, 1986, 100 Stat. 3341-337; Pub. L. 104-
13, May 22, 1995, 109 Stat. 170.)
684
684 Sec. 3514. Responsiveness to Congress.
(a)(1) The Director shall--
(A) keep the Congress and congressional
committees fully and currently informed of the
major activities under this chapter; and
(B) submit a report on such activities to
the President of the Senate and the Speaker of
the House of Representatives annually and at
such other times as the Director determines
necessary.
(2) The Director shall include in any such report a
description of the extent to which agencies have--
(A) reduced information collection burdens
on the public, including--
(i) a summary of accomplishments and
planned initiatives to reduce collection of
information burdens;
(ii) a list of all violations of this
chapter and of any rules, guidelines,
policies, and procedures issued pursuant to
this chapter;
(iii) a list of any increase in the
collection of information burden, including
the authority for each such collection; and
(iv) a list of agencies that in the
preceding year did not reduce information
collection burdens in accordance with
section 3505(a)(1), a list of the programs
and statutory responsibilities of those
agencies that precluded that reduction, and
recommendations to assist those agencies to
reduce information collection burdens in
accordance with that section;
(B) improved the quality and utility of
statistical information;
(C) improved public access to Government
information; and
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(D) improved program performance and the
accomplishment of agency missions through
information resources management.
(b) The preparation of any report required by this
section shall be based on performance results reported by
the agencies and shall not increase the collection of
information burden on persons outside the Federal
Government.
(Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
2823, and amended Pub. L. 99-500, Title I, Sec. 101(m),
[Title VIII, Sec. 819], Oct. 18, 1986, 100 Stat. 1783-339;
Pub. L. 99-591, Title I, Sec. 101(m), [Title VIII,
Sec. 819], Oct. 30, 1986, 100 Stat. 3341-339; Pub. L. 104-
13, May 22, 1995, 109 Stat. 181.)