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


[[Page 246]]


 
                               TITLE 2.--THE CONGRESS

            
                Chapter 1.--ELECTION OF SENATORS AND REPRESENTATIVES

       205
       205  Sec. 1. Time for election of Senators.
                At the regular election held in any State next preceding 
            the expiration of the term for which any Senator was elected 
            to represent such State in Congress, at which election a 
            Representative to Congress is regularly by law to be chosen, 
            a United States Senator from said State shall be elected by 
            the people thereof for the term commencing on the 3d day of 
            January next thereafter. (June 4, 1914, ch. 103, Sec. 1, 38 
            Stat. 384; June 5, 1934, ch. 390, Sec. 3, 48 Stat. 879.)
     205.1
     205.1                    Constitutional Provisions
                The first section of Amendment XX to the Constitution 
            provides in part: ``* * * the terms of Senators and 
            Representatives [shall end] at noon on the 3d day of 
            January, of the years in which such terms would have ended 
            if this article had not been ratified; and the terms of 
            their successors shall then begin.''
            Cross References
                Time for election of Senators, see Const. Art. I, 
            Sec. 4, cl. 1 (Senate Manual section 761.14).
                Vacancies in the Senate, see Const. Amend. XVII (Senate 
            Manual section 787).
       206
       206  Sec. 1a. Election to be certified by governor.
                It shall be the duty of the executive of the State from 
            which any Senator has been chosen to certify his election, 
            under the seal of the State, to the President of the Senate 
            of the United States. (R.S. Sec. 18.)
       207
       207  Sec. 1b. Same; countersignature by secretary of state.
                The certificate mentioned in section la of this title 
            shall be countersigned by the secretary of state of the 
            State. (R.S. Sec. 19.)
            
                        Chapter 2.--ORGANIZATION OF CONGRESS

       210
       210  Sec. 21. Oath of Senators.
                The oath of office shall be administered by the 
            President of the Senate to each Senator who shall be 
            elected, previous to his taking his seat. (R.S. Sec. 28.)
       211
       211  Sec. 22. Oath of President of Senate.
                When a President of the Senate has not taken the oath of 
            office, it shall be administered to him by any Member of the 
            Senate. (R.S. Sec. 29.)
       212
       212  Sec. 23. Presiding officer of Senate may administer oaths.
                The presiding officer, for the time being, of the Senate 
            of the United States, shall have power to administer all 
            oaths and affirmations that are or may be required by the 
            Constitution, or by law, to be taken by any Senator, officer 
            of the Senate, witness, or other person, in respect

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            to any matter within the jurisdiction of the Senate. (Apr. 
            18, 1876, ch. 66, Sec. 1, 19 Stat. 34.)
       213
       213  Sec. 24. Secretary of Senate or Assistant Secretary may 
                administer oaths.
                The Secretary of the Senate, and the Assistant Secretary 
            thereof, shall, respectively, have power to administer any 
            oath or affirmation required by law, or by the rules or 
            orders of the Senate, to be taken by any officer of the 
            Senate, and to any witness produced before it. (Apr. 18, 
            1876, ch. 66, Sec. 2, 19 Stat. 34; amended, Pub. L. 92-51, 
            Sec. 101, July 9, 1971, 85 Stat. 125.)
       214
       214  Sec. 27. Change of place of meeting.
                Whenever Congress is about to convene, and from the 
            prevalence of contagious sickness, or the existence of other 
            circumstances, it would, in the opinion of the President, be 
            hazardous to the lives or health of the Members to meet at 
            the seat of Government, the President, is authorized, by 
            proclamation, to convene Congress at such other place as he 
            may judge proper. (R.S. Sec. 34.)
       215
       215  Sec. 30. Term of service of Members of Congress as trustees 
                or directors of corporations or institutions 
                appropriated for.
                In all cases where Members of Congress or Senators are 
            appointed to represent Congress on any board of trustees or 
            board of directors of any corporation or institution to 
            which Congress makes any appropriation, the term of said 
            Members or Senators, as such trustee or director, shall 
            continue until the expiration of two months after the first 
            meeting of the Congress chosen next after their appointment. 
            (Mar. 3, 1893, ch. 199, Sec. 1, 27 Stat. 553.)
      215a
      215a  Sec. 30a. Jury duty exemption of elected officials of the 
                legislative branch.
                (a) Notwithstanding any other provision of Federal, 
            State or local law, no elected official of the legislative 
            branch of the United States Government shall be required to 
            serve on a grand or petit jury, convened by any Federal, 
            State or local court, whether such service is requested by 
            judicial summons or by some other means of compulsion.
                (b) ``Elected official of the legislative branch'' shall 
            mean each Member of the United States House of 
            Representatives, the Delegates from the District of 
            Columbia, Guam, the American Virgin Islands, and American 
            Samoa, and the Resident Commissioner from Puerto Rico, and 
            each United States Senator. (Pub. L. 101-520, Title III, 
            Sec. 310, Nov. 5, 1990, 104 Stat. 2278.)
            
                 Chapter 3.--COMPENSATION AND ALLOWANCES OF MEMBERS

       220
       220  Sec. 31. Compensation of Members of Congress.
                (1) The annual rate of pay for-
                            (A) each Senator, Member of the House of 
                        Representatives, and Delegate to the House of 
                        Representatives, and the Resident Commissioner 
                        from Puerto Rico,
                            (B) the President pro tempore of the Senate, 
                        the Majority Leader and the Minority Leader of 
                        the Senate, and the Majority Leader and the 
                        Minority Leader of the House of Representatives, 
                        and

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                            (C) the Speaker of the House of 
                        Representatives,

            shall be the rate determined for such positions under 
            chapter 11 of this title, as adjusted by paragraph (2) of 
            this section.

                (2)(A) Subject to subparagraph (B), effective at the 
            beginning of the first applicable pay period commencing on 
            or after the first day of the month in which an adjustment 
            takes effect under section 5303 of title 5 in the rates of 
            pay under the General Schedule, each annual rate referred to 
            in paragraph (1) shall be adjusted by an amount, rounded to 
            the nearest multiple of $100 (or if midway between multiples 
            of $100, to the next higher multiple of $100), equal to the 
            percentage of such annual rate which corresponds to the most 
            recent percentage change in the ECI (relative to the date 
            described in the next sentence), as determined under section 
            704(a)(1) of the Ethics Reform Act of 1989. The appropriate 
            date under this sentence is the first day of the fiscal year 
            in which such adjustment in the rates of pay under the 
            General Schedule takes effect.
                (B) In no event shall the percentage adjustment taking 
            effect under subparagraph (A) in any calendar year (before 
            rounding), in any rate of pay, exceed the percentage 
            adjustment taking effect in such calendar year under section 
            5303 of title 5, United States Code, in the rates of pay 
            under the General Schedule. (Mar. 4, 1925, ch. 549, Sec. 4, 
            43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158; Aug. 2, 
            1946, ch. 753, Title VI, Sec. 601(a), 60 Stat. 850; Jan. 19, 
            1949, ch. 2, Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9, 
            Sec. 4(a), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88-426, Title 
            II, Sec. 204, 78 Stat. 415; Oct. 29, 1965, Pub. L. 89-301, 
            Sec. 11(e), 79 Stat. 1120; Dec. 16, 1967, Pub. L. 90-206, 
            Title II, Sec. 225(h), 81 Stat. 644; Sept. 15, 1969, Pub. L. 
            91-67, Sec. 2, 83 Stat. 107; Aug. 9, 1975, Pub. L. 94-82, 
            Title II, Sec. 204(a), 89 Stat. 421; Nov. 30, 1989, Pub. L. 
            101-194, Title VII, Sec. 704(a)(2)(B), 103 Stat. 1769; Nov. 
            5, 1990, Pub. L. 101-509, Title I, Sec. 101(b)(4)(D), 104 
            Stat. 1439; Oct. 13, 1994, Pub. L. 103-356, Sec. 101, 108 
            Stat. 3410.)
            Sec. 31-1 (Repealed). (Aug. 14, 1991, Pub. L. 102-90, 
                Sec. 6(c), Honoraria prohibited Title V, Ethics in 
                Government Act of 1978 (5 U.S.C. App))

  

     220.1
     220.1  Sec. 31-2. Gifts and travel.
            (a) Gifts
                (1) No Member, officer, or employee of the Senate, or 
            the spouse or dependent thereof, shall knowingly accept, 
            directly or indirectly, any gift or gifts in any calendar 
            year aggregating more than the minimal value as established 
            by section 7342(a)(5) of title 5, U.S.C. or $250, whichever 
            is greater from any person, organization, or corporation 
            unless, in an unusual case, a waiver is granted by the 
            Select Committee on Ethics.
                (2) The prohibitions of this subsection do not apply to 
            gifts--
                            (A) from relatives;
                            (B) with a value of $100 or less, as 
                        adjusted under section 102(a)(2)(A) of the 
                        Ethics in Government Act of 1978, or
                            (C) of personal hospitality of an 
                        individual.
                            (D) Repealed. Pub. L. 101-280, 
                        Sec. 8(l)(A)(iii), May 4, 1990, 104 Stat. 162.
                (3) For purposes of this subsection--

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                            (A) the term ``gift'' means a payment, 
                        subscription, advance, forbearance, rendering, 
                        or deposit of money, services, or anything of 
                        value, including food, lodging, transportation, 
                        or entertainment, and reimbursement for other 
                        than necessary expenses, unless consideration of 
                        equal or greater value is received, but does not 
                        include (1) a political contribution otherwise 
                        reported as required by law, (2) a loan made in 
                        a commercially reasonable manner (including 
                        requirements that the loan be repaid,and that a 
                        reasonable rate of interest be paid), (3) a 
                        bequest, inheritance, or other transfer at 
                        death, (4) a bona fide award presented in 
                        recognition of public service and available to 
                        the general public, (5) a reception at which the 
                        Member, officer, or employee is to be honored, 
                        provided such individual receives no other gifts 
                        that exceed the restrictions in this rule, other 
                        than a suitable memento, (6) meals or beverages 
                        consumed or enjoyed, provided the meals or 
                        beverages are not consumed or enjoyed in 
                        connection with a gift of overnight lodging, or 
                        (7) anything of value given to a spouse or 
                        dependent of a reporting individual by the 
                        employer of such spouse or dependent in 
                        recognition of the service provided by such 
                        spouse or dependent; and
                            (B) the term ``relative'' has the same 
                        meaning given to such term in section 107(2) of 
                        title I of the Ethics in Government Act of 1978 
                        (Pub. L. 95-521).
                (4) If a Member, officer, or employee, after exercising 
            reasonable diligence to obtain the information necessary to 
            comply with this rule, unknowingly accepts a gift described 
            in paragraph (1) such Member, officer, or employee shall, 
            upon learning of the nature of the gift and its source, 
            return the gift or, if it is not possible to return the 
            gift, reimburse the donor for the value of the gift.
                (5)(A) Notwithstanding the provisions of this 
            subsection, a Member, officer, or employee of the Senate may 
            participate in a program, the principal objective of which 
            is educational, sponsored by a foreign government or a 
            foreign educational or charitable organization involving 
            travel to a foreign country paid for by that foreign 
            government or organization if such participation is not in 
            violation of any law and if the Select Committee on Ethics 
            has determined that participation in such program by 
            Members, officers, or employees of the Senate is in the 
            interests of the Senate and the United States.
                (B) Any Member who accepts an invitation to participate 
            in any such program shall notify the Select Committee in 
            writing of his acceptance. A Member shall also notify the 
            Select Committee in writing whenever he has permitted any 
            officer or employee whom he supervises to participate in any 
            such program. The chairman of the Select Committee shall 
            place in the Congressional Record a list of all individuals, 
            participating, the supervisors of such individuals where 
            applicable, and the nature and itinerary of such program.
                (C) No Member, officer, or employee may accept funds in 
            connection with participation in a program permitted under 
            subparagraph (A) if such funds are not used for necessary 
            food, lodging, transportation, and related expenses of the 
            Member, officer, or employee.
            (b) Limits on domestic and foreign travel by members and 
                staff of the Senate
                The term ``necessary expenses,'' with respect to limits 
            on domestic and foreign travel by Members and staff of the 
            Senate, means reasonable

[[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

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            charge their appropriate responsibilities in the United 
            States to members of foreign legislative bodies and 
            prominent officials of foreign governments and 
            intergovernmental organizations.
            (b) Payments; allotment; reimbursement for actual expenses; 
                taxability
                Payments authorized to be made under this section shall 
            be paid by the Secretary of the Senate. Of the funds 
            available for expenditure from such Allowance Account for 
            any fiscal year, one-half shall be allotted to the Majority 
            Leader and one-half shall be allotted to the Minority 
            Leader. Amounts paid from such Allowance Account to the 
            Majority or Minority Leader shall be paid to him from his 
            allotment and shall be paid to him only as reimbursement for 
            actual expenses incurred by him and upon certification and 
            documentation of such expenses. Amounts paid to the Majority 
            or Minority leader pursuant to this section shall not be 
            reported as income and shall not be allowed as a deduction 
            under title 26.
            (c) Authorization of appropriations
                There are authorized to be appropriated for each fiscal 
            year (commencing with the fiscal year ending September 30, 
            1985) not more than $20,000 to the Allowance Account 
            established by this section. (Aug. 15, 1985, Pub. L. 99-88, 
            Title I, Sec. 197, 99 Stat. 350.)
     220.7
     220.7  Sec. 31a-2a. Transfer of funds from representation allowance 
                of Majority and Minority Leaders of Senate to expense 
                allowance; availability; definitions.
                (a) The Secretary of the Senate shall, upon the written 
            request of the Majority or Minority Leader of the Senate, 
            transfer from any available funds in such Leader's allotment 
            in the Leader's Representation Allowance (as defined in 
            subsection (b)(1) of this section) for any fiscal year 
            (commencing with the fiscal year ending September 30, 1985) 
            to such Leader's Expense Allowance (as defined in subsection 
            (b)(2) of this section) to such year such amount as is 
            specified in the request. Any funds so transferred for any 
            fiscal year at the request of either such Leader shall be 
            available to such Leader for such year for the same purposes 
            as, and in like manner and subject to the same conditions 
            as, are other funds which are available to him for such year 
            as his expense allowance as Majority or Minority Leader.
                (b)(1) The term ``Leader's Representation Allowance'' 
            means the Representation Allowance Account for the Majority 
            and Minority Leaders established by section 31a-2 of this 
            title.
                (2) The term ``Leader's Expense Allowance'', when used 
            in reference to the Majority or Minority Leader of the 
            Senate, refers to the moneys available, for any fiscal year, 
            to such Leader as an expense allowance and the appropriation 
            account from which such moneys are funded. (July 11, 1987, 
            Pub. L. 100-71, Title I, Sec. 1, 101 Stat. 422, 423.)
    220.7a
    220.7a  Sec. 31a-2b Transfer of funds from appropriations account of 
                Majority and Minority Leaders of Senate to 
                appropriations account for ``Miscellaneous Items'' 
                within Senate contingent fund.
                (a) Upon the written request of the Majority or Minority 
            Leader of the Senate, the Secretary of the Senate shall 
            transfer during any fiscal year, from the appropriations 
            account appropriated under the headings

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            ``Salaries, Officers and Employees'' and ``Offices of the 
            Majority and Minority Leaders,'' such amount as either 
            Leader shall specify to the appropriations account, within 
            the contingent fund of the Senate, ``Miscellaneous Items''.
                (b) The Majority and Minority Leaders of the Senate are 
            each authorized to incur such expenses as may be necessary 
            or appropriate. Expenses incurred by either such leader 
            shall be paid from the amount transferred pursuant to 
            subsection (a) by such leader and upon vouchers approved by 
            such leader.
                (c) The Secretary of the Senate is authorized to advance 
            such sums as may be necessary to defray expenses incurred in 
            carrying out subsections (a) and (b) of this section. (Pub. 
            L. 102-27, Apr. 10, 1991, 105 Stat. 144.)
     220.8
     220.8  Sec. 31a-3. Expense allowance for Chairmen of Majority and 
                Minority Conference Committees of Senate; method of 
                payment; taxability.
                For each fiscal year (commencing with the fiscal year 
            ending September 30, 1985), there is hereby authorized an 
            expense allowance for the Chairmen of the Majority and 
            Minority Conference Committees which shall not exceed $3,000 
            each fiscal year for each such Chairman; and amounts from 
            such allowance shall be paid to either of such Chairmen only 
            as reimbursement for actual expenses incurred by him and 
            upon certification and documentation of such expenses, and 
            amounts so paid shall not be reported as income and shall 
            not be allowed as a deduction under title 26. (Aug. 15, 
            1985, Pub. L. 99-88, Title I, 99 Stat. 348.)
       222
       222  Sec. 32. Compensation of President pro tempore of Senate.
                Whenever there is no Vice President, the President of 
            the Senate for the time being is entitled to the 
            compensation provided by law for the Vice President. (R.S. 
            Sec. 36.)
            Cross References
                Compensation of Vice President, see section 104 of Title 
            3, United States Code, relating to the President (Senate 
            Manual section 421).
     222.5
     222.5  Sec. 32a. Compensation of Deputy President pro tempore of 
                Senate.
                Effective January 5, 1977, the compensation of a Deputy 
            President pro tempore of the Senate shall be at a rate equal 
            to the rate of annual compensation of the President pro 
            tempore and the Majority and Minority Leaders of the Senate. 
            (May 4, 1977, Pub. L. 95-26, Title I, Sec. 100, 91 Stat. 
            79.)
            Note
                See Senate Manual section 79.7. The Senate may designate 
            any Member to hold the Office of Deputy President pro 
            tempore of the Senate. Such person is authorized to appoint 
            and fix the compensation of such employees as he deems 
            appropriate, but the gross compensation to such employees 
            shall not exceed $90,000 for any fiscal year.
     222.6
     222.6  Sec. 32b. Expense allowance of President pro tempore of 
                Senate; methods of payment; taxability.
                Effective with fiscal year 1978 and each fiscal year 
            thereafter, there is hereby authorized an expense allowance 
            for the President Pro Tem

[[Page 253]]

            pore which shall not exceed $10,000 each fiscal year. The 
            President Pro Tempore may receive the expense allowance (1) 
            as reimbursement for actual expenses incurred upon 
            certification and documentation of such expenses by the 
            President Pro Tempore, or (2) in equal monthly payments. 
            Such amounts paid to the President Pro Tempore as 
            reimbursement of actual expenses incurred upon certification 
            and documentation pursuant to this provision, shall not be 
            reported as income, and the expenses so reimbursed shall not 
            be allowed as a deduction, under title 26. (Sept. 8, 1978, 
            Pub. L. 95-355, Title I, Sec. 100, 92 Stat. 532; Oct. 22, 
            1986, Pub. L. 99-514, Sec. 2, 100 Stat. 2095.)
       223
       223  Sec. 33. Senators' salaries.
                Senators elected, whose term of office begins on the 3d 
            day of January, and whose credentials in due form of law 
            shall have been presented in the Senate, may receive their 
            compensation from the beginning of their term. (June 19, 
            1934, ch. 648, Title I, Sec. 1, 48 Stat. 1022; Oct. 1, 1981, 
            Pub. L. 97-51, Sec. 112(b)(2), 95 Stat. 963.)
       224
       224  Sec. 36. Salaries of Senators.
                Salaries of Senators appointed to fill vacancies in the 
            Senate shall commence on the day of their appointment and 
            continue until their successors are elected and qualified: 
            Provided, That when Senators have been elected during a sine 
            die adjournment of the Senate to succeed appointees, the 
            salaries of Senators so elected shall commence on the day 
            following their election.
                Salaries of Senators elected during a session to succeed 
            appointees shall commence on the day they qualify: Provided, 
            That when Senators have been elected during a session to 
            succeed appointees, but have not qualified, the salaries of 
            Senators so elected shall commence on the day following the 
            sine die adjournment of the Senate.
                When no appointments have been made the salaries of 
            Senators elected to fill such vacancies shall commence on 
            the day following their election. (Feb. 13, 1935, ch. 6, 
            Sec. 1, 49 Stat. 22, 23.)
       225
       225  Constitutional Provisions
                The first section of amendment XX to the Constitution 
            provides in part: ``* * * the terms of Senators and 
            Representatives [shall end] at noon on the 3d day of 
            January, of the years in which such terms would have ended 
            if this article had not been ratified; and the terms of 
            their successors shall then begin.''
       226
       226  Sec. 36a. Payment of sums due deceased Senators and Senate 
                personnel.
                Under regulations prescribed by the Secretary of the 
            Senate, a person serving as a Senator or officer or employee 
            whose compensation is disbursed by the Secretary of the 
            Senate may designate a beneficiary or beneficiaries to be 
            paid any unpaid balance of salary or other sums due such 
            person at the time of his death. When any person dies while 
            so serving, any such unpaid balance shall be paid by the 
            disbursing officer of the Senate to the designated 
            beneficiary or beneficiaries. If no designation has been 
            made, such unpaid balance shall be paid to the widow or 
            widower of that person, or if there is no widow or widower, 
            to the next of kin or heirs at law of that person. (Jan. 6, 
            1951, ch. 1213, Sec. 1, 64 Stat. 1224; Oct. 31, 1972, Pub. 
            L. 92-607, Sec. 503, 86 Stat. 1505.)

[[Page 254]]


       227
       227  Sec. 39. Deductions for absence.
                The Secretary of the Senate and the Chief Administrative 
            Officer of the House of Representatives (upon certification 
            by the Clerk of the House of Representatives), respectively, 
            shall deduct from the monthly payments (or other periodic 
            payments authorized by law) of each Member or Delegate the 
            amount of his salary for each day that he has been absent 
            from the Senate or House, respectively, unless such Member 
            or Delegate assigns as the reason for such absence the 
            sickness of himself or of some member of his family. (R.S. 
            Sec. 40; Oct. 1, 1981, Pub. L. 97-51, Sec. 112(d), 95 Stat. 
            963; Aug. 20, 1996, Pub. L. 104-186, Title II, Sec. 203(7), 
            110 Stat. 1726.)
       228
       228  Sec. 40. Deductions for withdrawal.
                When any Member or Delegate withdraws from his seat and 
            does not return before the adjournment of Congress, he 
            shall, in addition to the sum deducted for each day, forfeit 
            a sum equal to the amount which would have been allowed by 
            law for his mileage in returning home; and such sum shall be 
            deducted from his compensation, unless the withdrawal is 
            with the leave of the Senate or House of Representatives, 
            respectively. (R.S. Sec. 41.)
       229
       229  Sec. 40a. Deductions for delinquent indebtedness.
                Whenever a Representative, Delegate, or Resident 
            Commissioner, or a United States Senator, shall fail to pay 
            any sum or sums due from such person to the House of 
            Representatives or Senate respectively, the appropriate 
            committee or officer of the House of Representatives or 
            Senate, as the case may be, having jurisdiction of the 
            activity under which such debt arose, shall certify such 
            delinquent sum or sums to the Chief Administrative Officer 
            of the House of Representatives in the case of an 
            indebtedness to the House of Representatives and to the 
            Secretary of the Senate in the case of an indebtedness to 
            the Senate, and such latter officials are authorized and 
            directed, respectively, to deduct from any salary, mileage, 
            or expense money due to any such delinquent such certified 
            amounts or so much thereof as the balance or balances due 
            such delinquent may cover. Sums so deducted by the Secretary 
            of the Senate shall be disposed of by him in accordance with 
            existing law and sums so deducted by the Chief 
            Administrative Officer of the House of Representatives shall 
            be disposed of by him in accordance with existing law. (June 
            19, 1934, ch. 648, Title I, Sec. 1, 48 Stat. 1024; Aug. 20, 
            1996, Pub. L. 104-186, Title II, Sec. 203(8), 110 Stat. 
            1726.)
       231
       231  Sec. 42a. Special delivery postage allowance for President 
                of the Senate.
                The Secretary of the Senate is authorized and directed 
            to procure and furnish each fiscal year (commencing with the 
            fiscal year ending September 30, 1982) to the President of 
            the Senate, upon request by such person, United States 
            special-delivery postage stamps in such amount as may be 
            necessary for the mailing of postal matters arising in 
            connection with his official business. (Pub. L. 97-51, 
            Sec. 127(a)(1), 95 Stat. 965.)

[[Page 255]]


       234
       234  Sec. 43d. Organizational expenses of Senator-elect.
            (a) Appointment of employees by Secretary of Senate to 
                assist; termination of employment
                Upon the recommendation of a Senator-elect (other than 
            an incumbent Senator or a Senator elected to fill a 
            vacancy), the Secretary of the Senate shall appoint two 
            employees to assist such Senator-elect. Any employee so 
            appointed shall serve through the day before the date on 
            which the Senator-elect recommending his appointment 
            commences his service as a Senator, except that his 
            employment may be terminated before such day upon 
            recommendation of such Senator-elect.
            (b) Payment of salaries of appointed employees; funding; 
                maximum amount
                (1) Salaries of employees appointed under subsection (a) 
            of this section shall be paid from the appropriation for 
            ``Administrative, Clerical, and Legislative Assistance to 
            Senators.''
                (2) Salaries paid to employees appointed upon 
            recommendation of a Senator-elect under subsection (a) of 
            this section shall be charged against the amount of 
            compensation which may be paid to employees in his office 
            under section 61-1(d) of this title (hereinafter referred to 
            as the ``clerk-hire allowance''), for the fiscal year in 
            which his service as a Senator commences. The total amount 
            of salaries paid to employees so appointed upon 
            recommendation of a Senator-elect shall be charged against 
            his clerk-hire allowance for each month in such fiscal year 
            beginning with the month in which his service as a Senator 
            commences (until the total amount has been charged) by 
            whichever of the following amounts is greater: (1) one-ninth 
            of the amount of salaries so paid, or (2) the amount by 
            which the aggregate amount of his clerk-hire allowance which 
            may be paid as of the close of such month under section 61-
            1(d)(1)(B) of this title exceeds the aggregate amount of his 
            clerk-hire allowance actually paid as of the close of such 
            month.
            (c) Payment of transportation and per diem expenses of 
                Senator-elect and appointed employees for one round trip 
                from home State to Washington, D.C. for business of 
                impending Congress; funding; maximum amount
                Each Senator-elect and each employee appointed under 
            subsection (a) of this section is authorized one round trip 
            from the home State of the Senator-elect to Washington, 
            D.C., and return, for the purposes of attending conferences, 
            caucuses, or organizational meetings, or for any other 
            official business connected with the impending Congress. In 
            addition, each Senator-elect and each such employee is 
            authorized per diem for not more than seven days while en 
            route to and from Washington, D.C., and while in Washington, 
            D.C. Such transportation and per diem expenses shall be in 
            the same amounts as are payable to Senators and employees in 
            the office of a Senator under section 58(e) of this title, 
            and shall be paid from the contingent fund of the Senate 
            upon itemized vouchers certified by the Senator-elect 
            concerned and approved by the Secretary of the Senate.

[[Page 256]]

            (d) Payment of telegrams, telephone services, and stationery 
                expenses
                (1) Each Senator-elect is authorized to be reimbursed 
            for expenses incurred for telegrams, telephone services, and 
            stationery related to his position as a Senator-elect in an 
            amount not exceeding one-twelfth of the total amount of 
            expenses authorized to be paid to or on behalf of a Senator 
            from the State which he will represent under section 58 of 
            this title. Reimbursement to a Senator-elect under this 
            subsection shall be paid from the contingent fund of the 
            Senate upon itemized vouchers certified by such Senator-
            elect and approved by the Secretary of the Senate.
                (2) Amounts reimbursed to a Senator-elect under this 
            subsection shall be charged against the amount of expenses 
            which are authorized to be paid to him or on his behalf 
            under section 58 of this title, for each of the twelve 
            months beginning with the month in which his service as a 
            Senator commences (until all of such amounts have been 
            charged) by whichever of the following amounts is greater: 
            (1) one-twelfth of the amounts so reimbursed, or (2) the 
            amount by which the aggregate amount authorized to be so 
            paid under section 58(c) of this title as of the close of 
            such month exceeds the aggregate amount actually paid under 
            such section 58 as of the close of such month.
            (e) Effective date
                This section shall take effect on October 1, 1978.

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

       236
       236  Sec. 46a. Stationery allowance for President of the Senate.
                Effective April 1, 1975, and each fiscal year 
            thereafter, the annual allowance for stationery for the 
            President of the Senate shall be $4,500. (Jan. 6, 1964, Pub. 
            L. 88-258, 77 Stat. 864; May 29, 1967, Pub. L. 90-21, 81 
            Stat. 38; Dec. 12, 1969, Pub. L. 91-145, Sec. 101, 83 Stat. 
            342; July 9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat. 128; 
            Dec. 15, 1971, Pub. L. 92-184, Sec. 401, 85 Stat. 635; Oct. 
            31, 1972, Pub. L. 92-607, Sec. 506(k)(3), 86 Stat. 1508; 
            June 12, 1975, Pub. L. 94-32, Title I, Sec. 101, 89 Stat. 
            182.)
       237
       237  Sec. 46a.-1. Senate Revolving fund for stationery 
                allowances; availability of unexpended balances; 
                withdrawals.
                There is established within the contingent fund of the 
            Senate a revolving fund which shall consist of (1) the 
            unexpended balance of the appropriation ``Contingent 
            Expenses, Senate, Stationery, fiscal year 1957'', (2) any 
            amounts hereafter appropriated for stationery allowances of 
            the President of the Senate, and for stationery for use of 
            officers of the Senate and the Conference of the Majority 
            and the Conference of the Minority of the Senate, and (3) 
            any undeposited amounts heretofore received, and any amounts 
            hereafter received as proceeds of sales by the stationery 
            room of the Senate. Any moneys in the fund shall be 
            available until expended for use in the same manner and for 
            the same purposes as funds heretofore appropriated to the 
            contingent fund of the Senate for stationery, except that 
            (1) the balance of any amount appropriated for stationery 
            for use of committees and officers of the Senate which 
            remains unexpended at the end of any fiscal year and (2) 
            allowances which are not available for obligation due to 
            vacancies

[[Page 257]]

            or waiver of entitlement thereto, shall be withdrawn from 
            the revolving fund. Disbursements from the fund shall be 
            made upon vouchers approved by the Secretary of the Senate, 
            or his designee. (June 21, 1957, Pub. L. 85-58, Sec. 1101, 
            71 Stat. 188; Oct. 31, 1972, Pub. L. 92-607, Sec. 506(1), 86 
            Stat. 1508; July 8, 1980, Pub. L. 96-304, Sec. 112(b)(3), 94 
            Stat. 889, 892; Oct. 7, 1997, Pub. L. 105-55, Title I, 
            Sec. 7, 111 Stat. 1181.)
       240
       240  Sec. 46d.-1. Long-distance telephone calls for Vice 
                President.
                Commencing January 20, 1949, the provisions of existing 
            law relating to long-distance telephone calls for Senators 
            shall be equally applicable to the Vice President of the 
            United States. (May 24, 1949, ch. 138, Sec. 101, 63 Stat. 
            77.)
       243
       243  Sec. 47. Mode of payment.
                The compensation of Members and Delegates shall be 
            passed as public accounts, and paid out of the Public 
            Treasury. (R.S. Sec. 46.)
       244
       244  Sec. 48. Certification of salary and mileage accounts.
                Salary and mileage accounts of Senators shall be 
            certified by the President of the Senate, and those of 
            Representatives and Delegates by the Speaker of the House of 
            Representatives; and such certificates shall be conclusive 
            upon all the departments and officers of the Government. 
            (R.S. Sec. Sec. 47, 48.)
       245
       245  Sec. 55. United States Code Annotated and United States Code 
                Service; procurement for Senators.
                In lieu of the volumes of the Code of Laws of the United 
            States, and the supplements thereto, supplied a Senator 
            under section 212 of title 1, the Secretary of the Senate is 
            authorized and directed to supply to a Senator upon written 
            request of, and as specified by, that Senator--
                            (1) one copy of each of the volumes of the 
                        United States Code Annotated being published at 
                        the time the Senator takes office, and, as long 
                        as that Senator holds office, one copy of each 
                        replacement volume, each annual pocket part, and 
                        each pamphlet supplementing each such pocket 
                        part to the United States Code Annotated; or
                            (2) one copy of each of the volumes of the 
                        United States Code Service being published at 
                        the time the Senator takes office, and, as long 
                        as that Senator holds office, one copy of each 
                        replacement volume and each pocket supplement to 
                        the United States Code Service.

            A Senator is entitled to make a written request under this 
            paragraph and be supplied such volumes, pocket parts, and 
            supplements the first time he takes office as a Senator and 
            each time thereafter he takes office as a Senator after a 
            period of time during which he has not been a Senator. In 
            submitting such written request, the Senator shall certify 
            that the volumes, pocket parts, or supplements he is to be 
            supplied are to be for his exclusive, personal use. A 
            Senator holding office on July 9, 1971, shall be entitled to 
            file a written request and receive the volumes, pocket 
            parts, and supplements, as the case may be, referred to in 
            this paragraph if such request is filed within 60 days after 
            July 9, 1971. Expenses incurred under this authorization 
            shall be paid from the contingent fund of the Senate. (July 
            9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat. 129; Oct. 31, 
            1972, Pub. L. 92-607, Sec. 501, 86 Stat. 1504.)

[[Page 258]]


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

  

     246.1
     246.1  (a) Authorization for payment from Senate contingent fund
                The contingent fund of the Senate is made available for 
            payment (including reimbursement) to or on behalf of each 
            Senator, upon certification of the Senator, for the 
            following expenses incurred by the Senator and his staff:
                            (1) telecommunications equipment and 
                        services subject to such regulations as may be 
                        promulgated by the Committee on Rules and 
                        Administration of the Senate;
                            (2)(A) stationery and other office supplies 
                        procured for use for official business, and
                            (B) metered charges for use of copying 
                        equipment provided by the Sergeant at Arms and 
                        Doorkeeper of the Senate;
                            (3)(A) Repealed. (Pub. L. 101-520, Title I, 
                        Sec. 11, Nov. 5, 1990, 104 Stat. 2260.)
                            (B) postage on, and fees and charges in 
                        connection with official mail matter sent 
                        through the mail other than the franking 
                        privilege upon certification by the Senate 
                        Sergeant at Arms and subject to such regulations 
                        as may be promulgated by the Committee on Rules 
                        and Administration, and
                            (C) costs incurred in the preparation of 
                        required official reports, and the acquisition 
                        of mailing lists to be used for official 
                        purposes, and in the mailing, delivery, or 
                        transmitting of matters relating to official 
                        business;
                            (4) official office expenses incurred (other 
                        than for equipment and furniture and expenses 
                        described in paragraphs (1) through (3)) for an 
                        office in his home State;
                            (5) expenses incurred for publications 
                        printed or recorded in any way for auditory and 
                        visual use (including subscriptions to books, 
                        newspapers, magazines, clipping, and other 
                        information services);
                            (6) subject to the provisions of subsection 
                        (e) of this section, reimbursement of travel 
                        expenses incurred by the Senator and employees 
                        in his office;
                            (7) expenses incurred for additional office 
                        equipment and services related thereto (but not 
                        including personal services), in accordance with 
                        regulations promulgated by the Committee on 
                        Rules and Administration of the Senate;
                            (8) charges officially incurred for 
                        recording and photographic services and 
                        products; and
                            (9) such other official expenses as the 
                        Senator determines to be necessary.

            Payment under this section shall be made only upon 
            presentation of itemized vouchers for expenses incurred and, 
            in the case of expenses paid or reimbursed under paragraphs 
            (6) and (9), only upon presentation of detailed itemized 
            vouchers for such expenses. Vouchers presented for payment 
            under this section shall be accompanied by such 
            documentation as is required under regulations promulgated 
            by the Committee on Rules and Administration of the Senate. 
            No payment shall be made under paragraph (4) or (9) for any 
            expense incurred for entertainment or meals.

[[Page 259]]


     246.2
     246.2  (b) Limits for authorized expenses; recalculation formula
                (1)(A) Except as is otherwise provided in the succeeding 
            paragraphs of this subsection and subject to subparagraph 
            (B) of this paragraph, the total amount of expenses 
            authorized to be paid to or on behalf of a Senator under 
            this section shall not exceed for calendar year 1977 or any 
            calendar year thereafter an amount equal to one-half of the 
            sum of the amounts authorized to be paid under this section 
            on the day before August 5, 1977, to or on behalf of both of 
            the Senators from the State which he represents, increased 
            by an amount equal to twenty percent thereof and rounded to 
            the next higher multiple of $1,000.
                (B) In the event that the term of office of a Senator 
            begins after the first month of any such calendar year or 
            ends (except by reason of death, resignation, or expulsion) 
            before the last month of any such calendar year, the 
            aggregate amount available to such Senator for such year 
            shall be the aggregate amount computed under paragraph (1) 
            of this subsection, divided by 12, and multiplied by the 
            number of months in such year which are included in the 
            Senator's term of office, counting any fraction of a month 
            as a full month.
                (2)(A) In the case of the period which commences January 
            1, 1988, and ends September 30, 1988, the total of--
                            (i) the expenses paid to or on behalf of a 
                        Senator under this section for such period, plus
                            (ii) the aggregate amount of gross 
                        compensation which is paid to employees in the 
                        office of such Senator for such period (as 
                        determined for purposes of section 61-1(d) of 
                        this title),

            shall not exceed the aggregate of--

                            (iii) subject to subparagraph (B), an amount 
                        equal to 75 percent of the amount of the 
                        authorized expenses under this section for the 
                        calendar year ending December 31, 1987, as 
                        determined in the case of a Senator, who 
                        represents the State which such Senator 
                        represents, whose term of office included all of 
                        such calendar year, plus
                            (iv) the amount by which (I) the aggregate 
                        of the gross compensation which may be paid to 
                        employees in the office of such Senator for the 
                        fiscal year ending September 30, 1988, pursuant 
                        to the limitations imposed by section 61-1(d) of 
                        this title (as determined without regard to 
                        paragraph (1)(B) thereof), exceeds (II) the 
                        aggregate amount of gross compensation which is 
                        paid to employees in the office of such Senator 
                        for that part of such fiscal year which precedes 
                        January 1, 1988.
                (B) In the event that the term of office of a Senator 
            begins after the first month of the period which commences 
            January 1, 1988, and ends September 30, 1988, or ends 
            (except by reason of death, resignation, or exclusion) 
            before the last month of such period, the amount computed 
            pursuant to subparagraph (A)(iii) of this paragraph (but 
            before application of this subparagraph) shall be 
            recalculated as follows: such amount, as computed under 
            subparagraph (A)(iii) of this paragraph, shall be divided by 
            9, and multiplied by the number of months in such period 
            which are included in the Senator's term of office, counting 
            any fraction of a month as a full month.
                (3)(A) In the case of the fiscal year beginning October 
            1, 1988, or any fiscal year thereafter, the total of--

[[Page 260]]

                            (i) the expenses paid to or on behalf of a 
                        Senator under this section for such fiscal year, 
                        plus
                            (ii) the aggregate amount of gross 
                        compensation which is paid to employees in the 
                        office of such Senator for such fiscal year (as 
                        determined for purposes of section 61-1(d) of 
                        this title),

            shall not exceed the aggregate of--

                            (iii) subject to subparagraph (B)--

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

                                (II) the amount that is equal to the 
                            Senator's share for the fiscal year, as 
                            determined in accordance with regulations of 
                            the Committee on Rules and Administration, 
                            of the amount made available within the 
                            Senators' Official Personnel and Office 
                            Expense Account in the contingent fund of 
                            the Senate for official mail expenses of 
                            Senators, plus

                            (iv) the aggregate of the gross compensation 
                        which may be paid to employees in the office of 
                        such Senator for such fiscal year, under the 
                        limitations imposed by section 61-1(d) of this 
                        title, but without regard to the provisions of 
                        paragraph (1)(C)(iv) thereof.
                (B) In the event that the term of office of a Senator 
            begins after the first month of any such fiscal year or ends 
            (except by reason of death, resignation, or expulsion) 
            before the last month of any such fiscal year, that part of 
            the amount referred to in subparagraph (A)(iii)(I) shall be 
            recalculated as follows: such amount, as computed under 
            subparagraph (iii), shall be divided by 12, and multiplied 
            by the number of months in such year which are included in 
            the Senator's term of office, counting any fraction of a 
            month as a full month; and the amount referred to in 
            subparagraph (A)(iii)(II) shall be recalculated in 
            accordance with regulations of the Committee on Rules and 
            Administration.

[[Page 261]]

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

  

     246.3
     246.3  (e) Transportation, essential travel-related expenses, and 
                per diem expenses; coverage; limitations; amounts \1\
                \1\ S. Res. 540, 96-2, agreed to Dec. 8, 1980, provided: 
                ``That, until otherwise provided by law, reimbursement 
                with respect to travel expenses incurred by a Senator or 
                employee described in section 506(e) of the Supplemental 
                Appropriations Act, 1973 (2 U.S.C. 58(e)); shall be made 
                as if the phrase `only for actual transportation 
                expenses' read `for travel expenses essential to the 
                transaction of official business while away from his 
                official station or post of duty.' ''
                Subject to and in accordance with regulations 
            promulgated by the Committee on Rules and Administration of 
            the Senate, a Senator and the employees in his office shall 
            be reimbursed under this section for travel expenses 
            incurred by the Senator or employee while traveling on 
            official business within the United States. The term 
            ``travel expenses'' includes actual transportation expenses, 
            essential travel-related expenses, and, where applicable, 
            per diem expenses (but not in excess of actual expenses.) A 
            Senator or an employee of the Senator shall not be 
            reimbursed for any travel expenses (other than actual 
            transportation expenses) for any travel occurring during the 
            sixty days immediately before the date of any primary or 
            general election (whether regular, special, or runoff) in 
            which the Senator is a candidate for public office (within 
            the meaning of section 431(b) of this title), unless his 
            candidacy in such election is uncontested. For purposes of 
            this subsection and subsection (a)(6) of this section, an 
            employee in the Office of the President pro tempore, Deputy 
            President pro tempore, Majority Leader, Minority Leader, 
            Majority Whip, Minority Whip, Secretary of the Conference of 
            the Majority, or Secretary of the Conference of the Minority 
            shall be considered to be an employee in the office of the 
            Senator holding such office.
            (f) Omitted.

  

     246.4
     246.4  (g) Closing of deceased Senator's State offices
                In the case of the death of any Senator, the chairman of 
            the Committee on Rules and Administration may certify for 
            such deceased Senator for any portion of such sum already 
            obligated but not certified to at the time of such Senator's 
            death, and for any additional amount which may be reasonably 
            needed for the purpose of closing such deceased Senator's 
            State offices, for payment to the person or persons 
            designated as entitled to such payment by such chairman.
     246.5
     246.5  (h) Individuals serving on panels or other bodies 
                recommending nominees for Federal judgeships, service 
                academies, United States Attorneys, or United States 
                Marshalls
                For purposes of subsections (a) and (e) of this section, 
            an individual who is selected by a Senator to serve on a 
            panel or other body to make recommendations for nominees to 
            one or more Federal judgeships or to one or more service 
            academies or one or more positions of United States Attorney 
            or United States Marshall shall be considered to be an 
            employee in the office of that Senator with respect to 
            travel and official expenses incurred in performing duties 
            as a member of such panel or other body, and shall be 
            reimbursed (A) for actual transpor

[[Page 262]]

            tation expenses and per diem expenses (but not exceeding 
            actual travel expenses) incurred while traveling in 
            performing such duties within the Senator's home State or 
            between that State and Washington, District of Columbia, and 
            each of the service academies, (B) for official expenses 
            incurred in performing such duties. For purposes of this 
            subsection and subsection (a) of this section, ``official 
            expenses'' means expenses of the type for which 
            reimbursement may be made to an employee in the office of a 
            Senator when traveling on business of a committee of which 
            that Senator is a member, and, for accounting purposes, such 
            expenses shall be treated as expenses for which 
            reimbursement may be made under subsection (a)(4) of this 
            section.
     246.6
     246.6  (i) Authorization of Secretary of Senate to pay reimbursable 
                expenses
                Whenever a Senator or an employee in his office has 
            incurred an expense for which reimbursement may be made 
            under this section, the Secretary of the Senate is 
            authorized to make payment to that Senator or employee for 
            the expense incurred, subject to the same terms and 
            conditions as apply to reimbursement of the expense under 
            this section.
     246.7
     246.7  (j) Advances from contingent fund of the Senate for travel 
                expenses for official business trips; vouchers; 
                settlement
                Whenever a Senator or employee of his office plans an 
            official business trip with respect to which reimbursement 
            for travel expenses is authorized under the preceding 
            provisions of section (a), the Senator (or such an employee 
            who has been designated by the Senator to do so) may, prior 
            to the commencement of such trip and in accordance with 
            applicable regulations of the Senate Committee on Rules and 
            Administration, obtain from any moneys in the contingent 
            fund of the Senate which are available to him for purposes 
            specified in subsection (a)(6) of this section, such advance 
            sum as he shall certify (and be accountable for), to the 
            Secretary of the Senate, to be necessary to defray some or 
            all of the expenses to be incurred on such trip which 
            expenses are reimbursable under the preceding provisions of 
            this section. The receipt by any Senator for any sum so 
            advanced to him or his order out of the contingent fund of 
            the Senate by the Secretary of the Senate shall be taken and 
            passed by the accounting officers of the Government as a 
            full and sufficient voucher; but it shall be the duty of 
            such Senator (or employee of his office, as the case may 
            be), as soon as practicable, to furnish to the Secretary of 
            the Senate a detailed voucher of the expenses incurred for 
            the travel with respect to which the sum was so advanced, 
            and make settlement with respect to such sum. (Oct. 31, 
            1972, Pub. L. 92-607, Sec. 506(a)-(j), 86 Stat. 1505; 
            amended Aug. 13, 1974, Pub. L. 93-371, Sec. (3)(e), 88 Stat. 
            429; July 25, 1975, Pub. L. 94-59, Sec. 103, 89 Stat. 274; 
            Aug. 5, 1977, Pub. L. 95-94, Title I, Sec. 112, 91 Stat. 
            663; Mar. 7, 1978, Pub. L. 95-240, Title II, Sec. 208, 92 
            Stat. 117; Sept. 30, 1978, Pub. L. 95-391, Title I, 
            Sec. 108(a), 92 Stat. 773; July 8, 1980, Pub. L. 96-304, 
            Title I, Secs. 101, 102(a), 103, 104, 94 Stat. 889; July 6, 
            1981, Pub. L. 97-19, 95 Stat. 103; July 14, 1983, Pub. L. 
            98-51, Sec. 102, 97 Stat. 266; July 12, 1985, Pub. L. 99-65, 
            Sec. 1(a), 99 Stat. 163; October 21, 1987, Pub. L. 100-137, 
            101 Stat. 815, 816, 817, 818, and 829; October 1, 1988, Pub. 
            L. 100-458, Sec. 8, 13, 14, 102 Stat. 2162; Pub. L. 101-163, 
            Title I, Sec. 5(a), Nov. 21, 1989, 103 Stat. 1045; Pub. L. 
            101-520, Title I, Secs. 4(c), 8, 9(a), 11, Title III, 
            Sec. 311(h)(2), Nov. 5, 1990, 104 Stat.

[[Page 263]]

            2258, 2259, 2260, 2280; Pub. L. 102-90, Sec. 7(a), Aug. 14, 
            1991, 105 Stat. 451; Pub. L. 105-55, Title I, Sec. 3(a), 
            Oct. 7, 1997, 111 Stat. 1180; Pub. L. 105-275, Title I, 
            Sec. 1, Oct. 21, 1998, 112 Stat. 2432; Pub. L. 106-57, Title 
            I, Sec. 1(a), (b), Sept. 29, 1999, 113 Stat. 410, 411.)
     246.8
     246.8  Sec. 58a. Telecommunications services for Senators; payment 
                of costs out of contingent fund.
                The Sergeant at Arms and Doorkeeper of the Senate shall 
            furnish each Senator local and long-distance 
            telecommunications services in Washington, District of 
            Columbia, and in such Senator's State in accordance with 
            regulations prescribed by the Senate Committee on Rules and 
            Administration; and the costs of such service shall be paid 
            out of the contingent fund of the Senate from moneys made 
            available to him for that purpose. (Nov. 30, 1983, Pub. L. 
            98-181, Sec. 1205(a), as amended, 97 Stat. 1290; July 12, 
            1985, Pub. L. 99-65, Sec. 1(b), 99 Stat. 163; Oct. 2, 1986, 
            Pub. L. 99-439, 100 Stat. 1085.)
            Sec. 58a.-1. Payment for telecommunications equipment and 
                services; definitions.
                As used in sections 58a-1 to 58a-3 of this title, the 
            term--
                            (1) ``Sergeant at Arms'' means the Sergeant 
                        at Arms and Doorkeeper of the United States 
                        Senate; and
                            (2) ``user'' means any Senator, Officer of 
                        the Senate, Committee, office, or entity 
                        provided telephone equipment and services by the 
                        Sergeant at Arms. (Pub. L. 100-123, Sec. 1, Oct. 
                        5, 1987, 101 Stat. 794.)
            Sec. 58a-2. Certification of telecommunications equipment 
                and services as official.
                (a) Subject to such regulations as may hereafter be 
            issued by the Committee on Rules and Administration of the 
            Senate, the Sergeant at Arms shall have the authority, with 
            respect to telephone equipment and services provided to any 
            user on a reimbursable basis (including repair or 
            replacement), solely for the purposes of this section, to 
            make such certification as may be necessary to establish 
            such services and equipment as official, issue invoices in 
            conjunction therewith, and receive payment for such services 
            and equipment by certification, voucher, or otherwise.
                (b) For purposes of sections 58-1 to 58a-3 of this 
            title, telephone equipment and services provided to any user 
            for which payment, prior to October 1, 1987, was not 
            authorized from the contingent fund of the Senate shall, on 
            and after October 1, 1987, be considered telephone equipment 
            and services provided on a reimbursable basis for which 
            payment may be obtained from such fund in accordance with 
            subsection (a) of this section.
                (c) Subject to the approval of the Committee on Rules 
            and Administration, the Sergeant at Arms may establish 
            reasonable charges for telephone equipment and services 
            provided to any user which may be in addition to that 
            regularly authorized by the Committee.
                (d) All moneys, derived from payments for telephone 
            equipment and services provided from funds from the 
            Appropriation Account within the contingent fund of the 
            Senate for ``Contingent Expenses, Sergeant at Arms and 
            Doorkeeper of the Senate'' under the line item for 
            Telecommunications (including receipts from carriers and 
            others for loss

[[Page 264]]

            or damage to such services or equipment for which repair or 
            replacement has been provided by the Sergeant at Arms), and 
            all other moneys received by the Sergeant at Arms as charges 
            or commissions for telephone services, shall be deposited in 
            and made a part of such Appropriation Account and under such 
            line item, and shall be available for expenditure or 
            obligation, or both, in like manner and subject to the same 
            limitations as any other moneys in such account and under 
            such line item.
                (e) Nothing in sections 58a-1 to 58a-3 of this title 
            shall be construed as limiting or otherwise affecting the 
            authority of the Committee on Rules and Administration of 
            the Senate to classify or reclassify telephone equipment and 
            services provided to any user as equipment or services for 
            which reimbursement may or may not be required. (Pub. L. 
            100-123, Sec. 2, Oct. 5, 1987, 101 Stat. 794, amended Pub. 
            L. 101-163, Title I, Sec. 3, Nov. 21, 1989, 103 Stat. 1044.)
            Sec. 58a-3. Report on telecommunications to Committee on 
                Rules and Administration.
                The Sergeant at Arms shall report to the Committee on 
            Rules and Administration of the Senate, at such time or 
            times, and in such form and manner, as the Committee may 
            direct, on expenditures made, and revenues received, 
            pursuant to sections 58a-1 to 58a-3 of this title. It shall 
            be the function of the Sergeant at Arms to advise the 
            Committee, as soon as possible, of any dispute regarding 
            payments to and from such Appropriation Account as related 
            to the line item for Telecommunications, including any 
            amounts due and unpaid by any user, if any such dispute has 
            remained unresolved for a period of at least 60 days. (Oct. 
            5, 1987, Pub. L. 100-123, Sec. 3, 101 Stat. 795.)
     246.9
     246.9  Sec. 58a-4. Metered charges on copiers; ``Sergeant at Arms'' 
                and ``user'' defined; certification of services and 
                equipment as official; deposit of payments; availability 
                for expenditure.
                (a) As used in this section, the term--
                            (1) ``Sergeant at Arms'' means the Sergeant 
                        at Arms and Doorkeeper of the United States 
                        Senate; and
                            (2) ``user'' means any Senator, Officer of 
                        the Senate, Committee, office, or entity 
                        provided copiers by the Sergeant at Arms.
                (b)(1) Subject to such regulations as may on and after 
            November 5, 1990, be issued by the Committee on Rules and 
            Administration of the Senate, the Sergeant at Arms shall 
            have the authority, with respect to metered charges on 
            copying equipment provided by the Sergeant at Arms, solely 
            for the purposes of this section, to make such certification 
            as may be necessary to establish such services and equipment 
            as official, issue invoices in conjunction therewith, and 
            receive payment for such services and equipment by 
            certification, voucher, or otherwise.
                (2) All moneys, derived from the payment of metered 
            charges on copying equipment provided from funds from the 
            Appropriation Account within the contingent fund of the 
            Senate for ``Contingent Expenses, Sergeant at Arms and 
            Doorkeeper of the Senate'' under the line item for the 
            Service Department, shall be deposited in and made a part of 
            such Appropriation Account and under such line item, and 
            shall be available for expenditure or obligation, or both, 
            in like manner and subject to the same limitations as any 
            other moneys in such account and under

[[Page 265]]

            such line item. (Pub. L. 101-520, Title I, Sec. 4(a), (b), 
            Nov. 5, 1990, 104 Stat. 2257.)
            Sec. 58b. Repealed. (October 21, 1987, Pub. L. 100-137, 
                Sec. 2, 101 Stat. 819.)

  

    246.10
    246.10  Sec. 58c. Senators' Official Personnel and Office Expense 
                Account.
                (1) Effective January 1, 1988, there shall be, within 
            the contingent fund of the Senate, a separate appropriation 
            account to be known as the ``Senators' Official Personnel 
            and Office Expense Account'' (hereinafter in this section 
            referred to as the ``Senators' Account'').
                (2) The Senators' Account shall be used for the funding 
            of all items, activities, and expenses which, immediately 
            prior to January 1, 1988, were funded under either (A) the 
            Senate appropriation account for ``Administrative, Clerical, 
            and Legislative Assistance Allowance to Senators'' 
            (hereinafter in this section referred to as the ``Senators' 
            Clerk Hire Allowance Account'') under the headings 
            ``SENATE'' and ``Salaries, Officers and Employees'', or (B) 
            that part of the account, within the contingent fund of the 
            Senate, for ``Miscellaneous Items'' (hereinafter in this 
            section referred to as the ``Senators' Official Expense 
            Account'') which is available for allocation to Senatorial 
            Official Office Expense Accounts. In addition, the Senators' 
            Account shall be used for the funding of agency 
            contributions payable with respect to compensation payable 
            by such account, but moneys appropriated to such account for 
            this purpose shall not be available for any other purpose. 
            The account, which in clause (A) of the first sentence of 
            this paragraph is identified as the ``Senators' Clerk Hire 
            Allowance Account'' and the account, which in clause (B) of 
            such sentence is identified as the ``Senators' Official 
            Expense Account'' shall, when referred to in other law, 
            rule, regulation, or order (whether referred to by such name 
            or any other) shall on or after January 1, 1988, be deemed 
            to refer to the ``Senators' Official Personnel and Office 
            Expense Account.''
                (3)(A) Effective on January 1, 1988, there shall be 
            transferred to the Senators' Account from the Senators' 
            Clerk Hire Allowance Account all funds therein which were 
            available for expenditure or obligation during the fiscal 
            year ending September 30, 1988, and from the Senators' 
            Official Office Expense Account so much of the funds therein 
            as was available for expenditure or obligation for the 
            period commencing January 1, 1988, and ending September 30, 
            1988; except that the Senators' Official Office Expense 
            Account shall remain in being solely for the purpose of 
            being available to pay for any authorized item, activity, or 
            expense, for which funds therein had been obligated, but not 
            paid, prior to such transfer.
                (B) Any of the funds transferred to the Senators' 
            Account from the Senators' Clerk Hire Allowance Account 
            pursuant to subparagraph (A) which, prior to such transfer, 
            had been obligated, but not expended, for any authorized 
            item, activity, or expense, shall be available to pay for 
            such item, activity, or expense in like manner as if such 
            transfer had not been made.
                (4) On January 1, 1988, there shall be transferred to 
            the Senators' Account, from the appropriation account for 
            ``Agency Contributions'', under the headings ``SENATE'' and 
            ``Salaries, Officers and Employees'', so much of the moneys 
            in such account as was appropriated for the purpose of 
            making agency contributions for administrative, clerical,

[[Page 266]]

            and legislative assistance to Senators with respect to 
            compensation payable for the period commencing January 1, 
            1988, and ending September 30, 1988; and the moneys so 
            transferred shall be available only for the payment of such 
            agency contributions with respect to such compensation.
                (5) Vouchers shall not be required for the disbursement, 
            from the Senators' Account, of salaries of employees in the 
            office of a Senator.
                (6) Effective on and after October 1, 1997 the Senator's 
            account shall be available for the payment of franked mail 
            expenses of Senators.

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

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

  

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

  

     247.1
     247.1  (a) Procurement by Sergeant at Arms of Senate in places 
                designated by Senator; places subject to use; lease of 
                office space
                (1) The Sergeant at Arms of the Senate shall secure for 
            each Senator office space suitable for the Senator's 
            official use in places designated by the Senator in the 
            State he represents. That space shall be secured in post 
            offices or other Federal buildings at such places. In the 
            event suitable office space is not available in post offices 
            or other Federal buildings, the Sergeant at Arms shall 
            secure other office space in those places.
                (2) The Senator may lease, on behalf of the United 
            States Senate, the office space so secured for a term not 
            extending beyond the term of office which he is serving on 
            the first day of such lease, except that, in the case of a 
            Senator whose term of office is expiring and who has been 
            elected for another term, such lease may extend until the 
            end of the term for which he has been so elected. Each such 
            lease shall contain a provision permitting its cancellation 
            upon sixty days written notice by the Sergeant at Arms and 
            Doorkeeper of the Senate, in the event of the death or 
            resignation of the Senator. A copy of each such lease shall 
            be furnished to the Sergeant at Arms. Nothing in this 
            paragraph shall be construed to require the Sergeant at Arms 
            to enter into or execute any lease for or on behalf of a 
            Senator.
     247.2
     247.2  (b) Maximum amount of aggregate square feet for each Senator
                The aggregate square feet of office space secured for 
            Senator shall not at any time exceed--
                            (1) 5,000 square feet if the population of 
                        the State of the Senator is less than 3,000,000;
                            (2) 5,200 square feet if such population is 
                        3,000,000 but less than 4,000,000;
                            (3) 5,400 square feet if such population is 
                        4,000,000 but less than 5,000,000;
                            (4) 5,800 square feet if such population is 
                        5,000,000 but less than 7,000,000;
                            (5) 6,200 square feet if such population is 
                        7,000,000 but less than 9,000,000;
                            (6) 6,400 square feet if such population is 
                        9,000,000 but less than 10,000,000;

[[Page 267]]

                            (7) 6,600 square feet if such population is 
                        10,000,000 but less than 11,000,000;
                            (8) 6,800 square feet if such population is 
                        11,000,000 but less than 12,000,000;
                            (9) 7,000 square feet if such population is 
                        12,000,000 but less than 13,000,000;
                            (10) 7,400 square feet if such population is 
                        13,000,000 but less than 15,000,000;
                            (11) 7,800 square feet if such population is 
                        15,000,000 but less than 17,000,000; or
                            (12) 8,200 square feet if such population is 
                        17,000,000 or more.
     247.3
     247.3  (c) Maximum annual rental rate; maximum aggregate amount for 
                acquisition of furniture, equipment, and other office 
                furnishings
                (1) The maximum annual rate that may be paid for the 
            rental of an office secured for a Senator not in a post 
            office or other Federal building shall not exceed the 
            highest rate per square foot charged Federal agencies on the 
            first day of the lease of such office by the Administrator 
            of General Services, based upon a 100 percent building 
            quality rating, for office space located in the place in 
            which the Senator's office is located, multiplied by the 
            number of square feet contained in that office used by the 
            Senator and his employees to perform their duties.
                (2) The aggregate amount that may be paid for the 
            acquisition of furniture, equipment, and other office 
            furnishings heretofore provided by the Administrator of 
            General Services for one or more offices secured for the 
            Senator is $40,000 if the aggregate square feet of office 
            space is not in excess of 5,000 square feet. Such amount is 
            increased by $1,000 for each authorized additional 
            incremental increase in office space of 200 square feet. 
            Effective beginning with the 106th Congress, the aggregate 
            amount in effect under this paragraph for any Congress shall 
            be increased by the inflation adjustment factor for the 
            calendar year in which the Congress begins. For purposes of 
            the preceding sentence, the inflation adjustment factor for 
            any calendar year is a fraction the numerator of which is 
            the implicit price deflator for the gross domestic product 
            as computed and published by the Department of Commerce for 
            the preceding calendar year and the denominator of which is 
            such deflator for the calendar year 1998.
     247.4
     247.4  (d) Senators subject to maximum amount of aggregate square 
                feet and maximum annual rental rate
                (1) Notwithstanding subsection (b) of this section, the 
            aggregate square feet of office space secured for a Senator 
            who is a Senator on July 1, 1974, shall not at any time 
            exceed, as long as he continuously serves as a Senator, the 
            greater of--
                            (A) the applicable square footage limitation 
                        of such subsection; or
                            (B) the total square footage of those 
                        offices that the Senator has on such date and 
                        which are continuously maintained in the same 
                        buildings in which such offices were located on 
                        such date.
                (2) The provisions of subsection (c) of this section do 
            not apply to any office that a Senator has on July 1, 1974, 
            not in a post office or other Federal building, as long as--
                            (A) that Senator continuously serves as a 
                        Senator; and

[[Page 268]]

                            (B) that office is maintained in the same 
                        building in which it was located on such date 
                        and contains not more than the same number of 
                        square feet it contained on such date.
     247.5
     247.5  (e) Omitted.

  

     247.6
     247.6  (f) Mobile office
                (1) Subject to the provisions of paragraphs (2), (3), 
            (4), and (5), a Senator may lease one mobile office for use 
            only in the State he represents and the contingent fund of 
            the Senate is available for the rental payments (including 
            by way of reimbursement) made under such lease together with 
            the actual nonpersonnel cost of operating such mobile 
            office. The term of any such lease shall not exceed 3 years. 
            A copy of each such lease shall be furnished to the Sergeant 
            at Arms of the Senate.
                (2) The maximum aggregate annual rental payments and 
            operating costs (except furniture, equipment, and 
            furnishings) that may be paid to a Senator under paragraph 
            (1) shall not at any time exceed an amount determined by 
            multiplying (A) the highest applicable rate per square foot 
            charged Federal agencies by the Administrator of General 
            Services in the State which that Senator represents, based 
            upon a 100 percent building quality rating, by (B) the 
            maximum aggregate square feet of office space to which that 
            Senator is entitled under subsection (b) of this section 
            reduced by the number of square feet contained in offices 
            secured for that Senator under subsection (a) of this 
            section and used by that Senator and his employees to 
            perform their duties.
                (3) No payment shall be made under paragraph (1) for 
            rental payments and operating costs of a mobile office of a 
            Senator unless the following provisions are included in its 
            lease:
                            (A) Liability insurance in the amount of 
                        $1,000,000 shall be provided with respect to the 
                        operation and use of such mobile office.
                            (B) Either of the following inscriptions 
                        shall be clearly visible on three sides of such 
                        mobile office in letters not less than three 
                        inches high:

                                                ``UNITED STATED 
                                                GOVERNMENT VEHICLE

                                                ``FOR OFFICIAL USE 
                                                ONLY'';

                                         Or

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

                                                ``FOR OFFICIAL USE ONLY'

                                                  

                            (4) No payment shall be made under paragraph 
                        (1) for rental payments and operating costs of a 
                        mobile office of a Senator which are 
                        attributable to or incurred during the 60-day 
                        period ending with the date of any primary or 
                        general election (whether regular, special, or 
                        runoff) in which that Senator is a candidate for 
                        public office, unless his candidacy in such 
                        election is uncontested.
                            (5) Payment under paragraph (1) shall be 
                        made on a monthly basis and shall be paid upon 
                        vouchers approved by the Sergeant at Arms of the 
                        Senate.
     247.7
     247.7  (g) Effective date
                This section is effective on and after July 1, 1974. 
            (Pub. L. 93-371, Sec. 3, Aug. 13, 1974, 88 Stat. 428; Pub. 
            L. 94-32, Title I, Sec. 4, June 12, 1975, 89 Stat. 183; Pub. 
            L. 94-59, Title I, Sec. Sec. 106(a), 107, July 25, 1975, 89 
            Stat. 276; Pub. L. 95-26, Title I, Sec. 105, May 4, 1977, 91 
            Stat.

[[Page 269]]

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

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

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

  

     248.1
     248.1  (a) Authorization; conditions
                Notwithstanding any other provision of law, a United 
            States Senator may purchase, upon leaving office or 
            otherwise ceasing to be a Senator (except by expulsion), any 
            item or items of office equipment or office furnishings 
            provided by the General Services Administration and then 
            currently located and in use in an office of such Senator in 
            the State then represented by such Senator.

  

     248.2
     248.2  (b) Request by Senator and arrangement for purchase by 
                Sergeant at Arms of Senate; regulations governing 
                purchase; price
                At the request of any United States Senator, the 
            Sergeant at Arms of the Senate shall arrange for and make 
            the purchase of equipment and furnishings under subsection 
            (a) of this section on behalf of such Senator. Each such 
            purchase shall be--
                            (1) in accordance with regulations which 
                        shall be prescribed by the Committee on Rules 
                        and Administration of the Senate, after 
                        consultation with the General Services 
                        Administration; and
                            (2) at a price equal to the acquisition cost 
                        to the Federal Government of the equipment or 
                        furnishings so purchased, less allowance for 
                        depreciation determined under such regulations, 
                        but in no instance less than the fair market 
                        value of such items.
     248.3
     248.3  (c) Remittance of amounts received to General Services 
                Administration; disposition
                Amounts received by the Federal Government from the sale 
            of items of office equipment or office furnishings under 
            this section shall be remitted to the General Services 
            Administration and credited to the

[[Page 270]]

            appropriate account or accounts. (Oct. 20, 1974, Pub. L. 93-
            462, Sec. 2, 88 Stat. 1388.)
     248.6
     248.6  Sec. 59e. Official mail of persons entitled to use the 
                congressional frank.
            (a) Congressional committee regulations for expenditure of 
                appropriations for official mail
                Except as otherwise provided in this section, funds 
            appropriated by this Act or any other Act for expenses of 
            official mail of any person entitled to use the 
            congressional frank may be expended only in accordance with 
            regulations prescribed by the Committee on Rules and 
            Administration of the Senate or the Committee on House 
            Oversight of the House of Representatives, as applicable. 
            Such regulations shall require--
                            (1) individual accountability for use of 
                        official mail by each person entitled to use the 
                        congressional frank;
                            (2)(A) with respect to the House of 
                        Representatives, allocation of funds for 
                        official mail to be made to each such person 
                        with respect to each session of Congress (with 
                        no transfer to any other session or to any other 
                        such person); and
                            (B) with respect to the Senate, allocation 
                        of funds for official mail to be made to each 
                        such person with respect to each session of 
                        Congress (with no transfer to any other session, 
                        other than transfers from the first session of a 
                        Congress to the second session of that Congress, 
                        or to any other such person); and
                            (3) with respect to the House of 
                        Representatives, that in addition to any other 
                        report or information made available to the 
                        public (through the House Commission on 
                        Congressional Mailing Standards or otherwise) 
                        regarding the use of the frank, the Chief 
                        Administrative Officer of the House of 
                        Representatives shall include in the quarterly 
                        report of receipts and expenditures submitted to 
                        the House of Representatives a statement (based 
                        solely on data provided for that purpose by the 
                        Committee on House Oversight of the House of 
                        Representatives and the House Commission on 
                        Congressional Mailing Standards) of costs 
                        incurred for official mail by each person 
                        entitled to use the congressional frank.
            (b) Postmaster General functions
                The Postmaster General, in consultation with the 
            Committee on Rules and Administration of the Senate and the 
            Committee on House Oversight of the House of 
            Representatives--
                            (1) shall monitor use of official mail by 
                        each person entitled to use the congressional 
                        frank;
                            (2) at least monthly, shall notify any 
                        person with an allocation under subsection 
                        (a)(2)(A) of this section as to the amount that 
                        has been used and any person with an allocation 
                        under subsection (a)(2)(B) of this section as to 
                        the percentage of the allocation that has been 
                        used; and
                            (3) may not carry or deliver official mail 
                        the cost of which is in excess of an allocation 
                        under subsection (a)(2) of this section.
            (c) Source of funds for expenses of official mail
                Expenses of official mail of the Senate and the House of 
            Representatives may be paid only from funds specifically 
            appropriated for that purpose and funds so appropriated--

[[Page 271]]

                            (1) may be supplemented by other 
                        appropriated funds only if such supplementation 
                        is provided for by law or by regulation under 
                        subsection (a) of this section; and
                            (2) may not be supplemented by funds from 
                        any other source, public or private.
            (d) Maintenance or use of unofficial office accounts or 
                defrayal of official expenses from certain funds 
                prohibited
                No Senator or Member of the House of Representatives may 
            maintain or use, directly or indirectly, an unofficial 
            office account or defray official expenses from--
                            (1) funds received from a political 
                        committee or derived from a contribution or 
                        expenditure (as such terms are defined in 
                        section 431 of this title);
                            (2) funds received as reimbursement for 
                        expenses incurred by the Senator or Member in 
                        connection with personal services provided by 
                        the Senator or Member to the person making the 
                        reimbursement; or
                            (3) any other funds that are not 
                        specifically appropriated for official expenses.
            (e) Official Mail Allowance in House of Representatives
                (1) The use of funds of the House of Representatives 
            which are made available for official mail of Members, 
            officers, and employees of the House of Representatives who 
            are persons entitled to use the congressional frank shall be 
            governed by regulations promulgated--
                            (A) by the Committee on House Oversight of 
                        the House of Representatives, with respect to 
                        allocation and expenditures relating to official 
                        mail (except as provided in subparagraph (B)); 
                        and
                            (B) by the House Commission on Congressional 
                        Mailing Standards, with respect to matters under 
                        section 3210(a)(6)(D) of title 39.
                (2) Funds used for official mail--
                            (A) with respect to a Member of the House of 
                        Representatives, shall be available, in a 
                        session of Congress, in a total amount, as 
                        determined under paragraph (1)(A), of not more 
                        than the product of (i) 3 times the single-piece 
                        rate applicable to first class mail, and (ii) 
                        the number (as determined by the Postmaster 
                        General) of addresses (other than business 
                        possible delivery stops) in the congressional 
                        district, as such addresses are described in 
                        section 3210(d)(7)(B) of title 39;
                            (B) with respect to any other person 
                        entitled to use the congressional frank in the 
                        House of Representatives (including any Member 
                        of the House of Representatives who receives an 
                        allocation under subsection (a)(2) of this 
                        seciton with respect to duties as an elected 
                        officer of, or holder of another position in, 
                        the House of Representatives), shall be 
                        available, in a session of Congress, in a total 
                        amount determined under paragraph (1)(A); and
            (f) Mass mailing, submission of samples or description of 
                proposed mail matter, advisory opinion
                A Member of the House of Representatives shall, before 
            making any mass mailing, submit a sample or description of 
            the mail matter involved to the House Commission on 
            Congressional Mailing Standards for an

[[Page 272]]

            advisory opinion as to whether such proposed mailing is in 
            compliance with applicable provisions of law, rule, or 
            regulation.
            (g) ``Member of the House of Representatives'' and ``person 
                entitled to use the congressional frank'' defined
                As used in subsections (a) through (f) of this section--
                            (1) the term ``Member of the House of 
                        Representatives'' means a Representative in, or 
                        a Delegate or Resident Commissioner to, the 
                        Congress; and
                            (2) the term ``person entitled to use the 
                        congressional frank'' means a Senator, Member of 
                        the House of Representatives, or other person 
                        authorized to use the frank under section 
                        3210(b) of title 39.
            (h) Omitted.
            (i) Effective date
                This section and the amendments made by this section 
            shall apply with respect to sessions of Congress beginning 
            with the first session of the One Hundred Second Congress, 
            except that, with respect to the Senate, subsection (d) of 
            this section shall apply beginning on May 1, 1992, and the 
            funds referred to in paragraph (3) of such subsection shall 
            not include personal funds of a Senator or member of the 
            House of Representatives.

            (Pub. L. 101-520, Title III, Sec. 311, Nov. 5, 1990, 104 
            Stat. 2278; Pub. L. 102-229, Title II, Sec. 211, Dec. 12, 
            1991, 105 Stat. 1718; Pub. L. 104-186, Title II, 
            Sec. 203(22), Aug. 20, 1996, 110 Stat. 1728; Pub. L. 105-
            275, Title I, Sec. 104, Oct. 21, 1998, 112 Stat. 2439; Pub. 
            L. 106-19, Sec. 1(a), Apr. 8, 1999, 113 Stat. 29; Pub. L. 
            106-57, Title I, Sec. 102, 103(a)(1)-(3), (4)(B), Sept. 29, 
            1999, 113 Stat. 415.)

     248.7
     248.7  Sec. 59f. Mass mailings by Senate offices; quarterly 
                statements; publication of summary tabulations.
                Two weeks after the close of each calendar quarter, or 
            as soon as practicable thereafter, the Sergeant at Arms and 
            Doorkeeper of the Senate shall send to each Senate office a 
            statement of the cost of postage and paper and of the other 
            operating expenses incurred as a result of mass mailings 
            processed for such Senate office during such quarter. The 
            statement shall separately identify the cost of postage and 
            paper and other costs, and shall distinguish the costs 
            attributable to newsletters and all other mass mailings. The 
            statement shall also include the total cost per capita in 
            the State. A compilation of all such statements shall be 
            sent to the Senate Committee on Rules and Administration. A 
            summary tabulation of such information shall be published 
            quarterly in the Congressional Record and included in the 
            semiannual report of the Secretary of the Senate. Such 
            summary tabulation shall set forth for each Senate office 
            the following information: the Senate office's name, the 
            total number of pieces of mass mail mailed during the 
            quarter, the total cost of such mail, and, in the case of 
            Senators, the cost of such mail divided by the total 
            population of the State from which the Senator was elected, 
            and the total number of pieces of mass mail divided by the 
            total population of the State from which the Senator was 
            elected, and in the case of each Senator, the allocation 
            made to such Senator from the appropriation for official 
            mail expenses. (Pub. L. 101-520, Title

[[Page 273]]

            III, Sec. 318, Nov. 5, 1990, 104 Stat. 2283; July 22, 1994, 
            Pub. L. 103-283, Sec. 3(b), 108 Stat. 1427.)
     248.8
     248.8  Sec. 59g. Mass mailing of information under frank; quarterly 
                registration of Senators with Secretary of Senate.
                In fiscal year 1991 and thereafter, when a Senator 
            disseminates information under the frank by a mass mailing 
            (as defined in section 3210(a)(6)(E) of title 39), the 
            Senator shall register quarterly with the Secretary of the 
            Senate such mass mailings. Such registration shall be made 
            by filing with the Secretary a copy of the matter mailed and 
            providing, on a form supplied by the Secretary, a 
            description of the group or groups of persons to whom the 
            mass mailing was mailed and the number of pieces mailed. 
            (Pub. L. 101-520, Title III, Sec. 320, Nov. 5, 1990, 104 
            Stat. 2285.)
            
             Chapter 4.--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF 
                                  REPRESENTATIVES

       249
       249  Sec. 60-1. Authority of officers of the Congress over 
                Congressional employees.
            (a) Qualifications determinations; removal and discipline.
                Each officer of the Congress having responsibility for 
            the supervision of employees, including employees appointed 
            upon recommendation of Members of Congress, shall have 
            authority--
                            (1) to determine, before the appointment of 
                        any individual as an employee under the 
                        supervision of that officer of the Congress, 
                        whether that individual possesses the 
                        qualifications necessary for the satisfactory 
                        performance of the duties and responsibilities 
                        to be assigned to him; and
                            (2) to remove or otherwise discipline any 
                        employee under his supervision.
            (b) ``Officer of the Congress'' defined.
                As used in this section, the term ``officer of the 
            Congress'' means--
                            (1) an elected officer of the Senate or 
                        House of Representatives who is not a Member of 
                        the Senate or House; and
                            (2) the Architect of the Capitol. (Oct. 26, 
                        1970, Pub. L. 91-510, Sec. 431, 84 Stat. 1190.)
     249.1
     249.1  Sec. 60-2. Amendment to Senate conflict of interest rule.\1\
                \1\ See Standing Rule XXXVII.
                (a) Except as provided by subsection (b) of this 
            section, any employee of the Senate who is required to file 
            a report pursuant to Senate rules shall refrain from 
            participating personally and substantially as an employee of 
            the Senate in any contact with any agency of the executive 
            or judicial branch of Government with respect to non-
            legislative matters affecting any non-governmental person in 
            which the employee has a significant financial interest.
                (b) Subsection (a) of this section shall not apply if an 
            employee first advises his supervisor of his significant 
            financial interest and obtains from such supervisor a 
            written waiver stating that the participation of the 
            employee is necessary. A copy of each such waiver shall be 
            filed

[[Page 274]]

            with the Select Committee. (Pub. L. 101-194, Title IX, 
            Sec. 903, Nov. 30, 1989, 103 Stat. 1781.)
     249.5
     249.5  Sec. 60a-1. Senate pay adjustments; action by President pro 
                tempore of Senate.
                (a) Each time the President adjusts the rates of pay of 
            employees under section 5303 of title 5 the President pro 
            tempore of the Senate shall, as he considers appropriate--
                            (1)(A) adjust the rate of personnel whose 
                        pay is disbursed by the Secretary of the Senate, 
                        and any minimum or maximum rate applicable to 
                        any such personnel; or
                            (B) in the case of such personnel whose 
                        rates of pay are fixed by or pursuant to law at 
                        specific rates, adjust such rates (including the 
                        adjustment of such specific rates to maximum pay 
                        rates) and, in the case of all other personnel 
                        whose pay is disbursed by the Secretary of the 
                        Senate, adjust only the minimum or maximum rates 
                        applicable to such other personnel; and
                            (2) adjust any limitation or allowance 
                        applicable to such personnel;

            by percentages which are equal or equivalent, insofar as 
            practicable and with such exceptions as may be necessary to 
            provide for appropriate pay relationships between positions, 
            to the percentages of the adjustments made by the President 
            under such section 5303 for corresponding rates of pay for 
            employees subject to the General Schedule contained in 
            section 5332 of such title and adjust the rates of such 
            personnel by such amounts as necessary to restore the same 
            pay relationships that existed on December 31, 1986, between 
            personnel and Senators and between positions. Such rates, 
            limitations, and allowances adjusted by the President pro 
            tempore shall become effective on the first day of the month 
            in which any adjustment becomes effective under such section 
            5303 or section 3(c) of this Act.

                (b) The adjustments made by the President pro tempore 
            shall be made in such manner as he considers advisable and 
            shall have the force and effect of law.
                (c) Nothing in this section shall impair any authority 
            pursuant to which rates of pay may be fixed by 
            administrative action.
                (d) No rate of pay shall be adjusted under the 
            provisions of this section to an amount in excess of the 
            rate of basic pay for level III of the Executive Schedule 
            contained in section 5314 of title 5, except in cases in 
            which it is necessary to restore and maintain the same pay 
            relationships that existed on December 31, 1986, between 
            personnel and Senators and between positions.
                (e) For purposes of this section, the term ``personnel'' 
            does not include any Senator. (Pub. L. 91-656, Sec. 4, Jan. 
            8, 1971, 84 Stat. 1952, amended Pub. L. 92-298, Sec. 3(a), 
            May 17, 1972, 86 Stat. 146; Pub. L. 92-392, Sec. 14(a), Aug. 
            19, 1972, 86 Stat. 575; Pub. L. 94-82; Title II, 
            Sec. 204(d), Aug. 9, 1975, 89 Stat. 422; Pub. L. 100-202, 
            Sec. 101(i) [Title III, Sec. 311(a), (b)], Dec. 22, 1987, 
            101 Stat. 1329-310; Pub. L. 101-509, Title I, 
            Sec. 101(b)(4)(E), Nov. 5, 1990, 104 Stat. 1440.)
     249.6
     249.6  Sec. 60a-1a. Rates of compensation paid by Secretary of 
                Senate; applicability of Senate pay adjustments by 
                President pro tempore of Senate.
                No provision of this Act or of any Act enacted after 
            October 1, 1976, which specifies a rate of compensation 
            (including a maximum rate) for

[[Page 275]]

            any position or employee whose compensation is disbursed by 
            the Secretary of the Senate shall, unless otherwise 
            specifically provided therein, be construed to affect the 
            applicability of section 60a-1 of this title to such rate. 
            (Pub. L. 94-440, Title I, Sec. 107, Oct. 1, 1976, 90 Stat. 
            1444.)
     249.7
     249.7  Sec. 60a-1b. Senate pay adjustments; action by President pro 
                tempore of Senate.
                (a) Whenever, after November 5, 1990, there is an 
            adjustment in rates of pay for Senators (other than an 
            adjustment which occurs by virtue of an adjustment under 
            section 5303 of title 5 in rates of pay under the General 
            Schedule), the President pro tempore of the Senate may, 
            notwithstanding any other provision of law, rule, or 
            regulation, adjust the rate of pay (and any minimum or 
            maximum rate, limitation, or allowance) applicable to 
            personnel whose pay is disbursed by the Secretary of the 
            Senate to the extent necessary to maintain the same pay 
            relationships that existed on December 31, 1986, between 
            personnel and Senators and between positions.
                (b) Adjustments made by the President pro tempore under 
            this section shall be made in such manner as he considers 
            advisable and shall have the force and effect of law. (Pub. 
            L. 101-520, Title III, Sec. 315, Nov. 5, 1990, 104 Stat. 
            2283; Pub. L. 102-90, Title III, Sec. 308, Aug. 14, 1991, 
            105 Stat. 466.)
       250
       250  Sec. 60c-1. Vice President, Senators, officers, and 
                employees paid by Secretary of Senate; payment of 
                salary; advance payment.
                The compensation of the Vice President, Senators, and 
            officers and employees, whose compensation is disbursed by 
            the Secretary of the Senate, shall be payable on the fifth 
            day of the month following the month in which such 
            compensation accrued, except that--
                            (1) [Repealed]
                            (2) when such fifth or twentieth day falls 
                        on Saturday, Sunday, or on a legal holiday 
                        (including any holiday on which the banks of the 
                        District of Columbia are closed pursuant to 
                        law), such compensation shall be payable on the 
                        next preceding workday; and
                            (3) any part of such compensation accrued 
                        for any month may, in the discretion of the 
                        Secretary of the Senate, be paid prior to the 
                        day specified in the preceding provisions of 
                        this section.
                For purposes of the title 26 and for accounting and 
            reporting purposes, disbursements made in accordance with 
            this section on the fifth day of a month, or on the next 
            preceding workday if such fifth day falls on Saturday, 
            Sunday, or a legal holiday, shall be considered to have been 
            made on the last day of the preceding month. (Apr. 20, 1960, 
            P.L. 86-426, Sec. 1, 74 Stat. 53; Oct. 11, 1971, Pub. L. 92-
            136, Sec. 6, 85 Stat. 378; July 25, 1979, Pub. L. 96-38, 
            Sec. 108(a), 93 Stat. 113; Oct. 1, 1981, Pub. L. 97-51, 
            Secs. 111(a), 112(a), 95 Stat. 962; Sept. 10, 1982, Pub. L. 
            97-257, Title I, Ch. X, Sec. 105(a), 96 Stat. 849; Pub. L. 
            99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
            Sec. 60c-2. Salary deposit in financial organizations. 
                Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 
                Stat. 1068.
            Note
                The Secretary of the Senate is authorized and directed, 
            if requested by an individual whose compensation is 
            disbursed by the Secretary, to pay the compensa

[[Page 276]]

            tion by sending a check to a financial organization 
            designated by the individual. See Sec. 3332 of Title 31, 
            Money and Finance, Senate Manual Sec. 489. 1.
     250.7
     250.7  Sec. 60c-2a. Banking and financial transactions of Secretary 
                of the Senate.
            (a) Reimbursement of banks for costs of clearing items for 
                Senate
                The Secretary of the Senate is authorized to reimburse 
            any bank which clears items for the United States Senate for 
            the costs incurred therein. Such reimbursements shall be 
            made from the contingent fund of the Senate.
            (b) Check cashing regulations for Disbursing Office of 
                Senate
                The Secretary of the Senate is authorized to prescribe 
            such regulations as he deems necessary to govern the cashing 
            of personal checks by the Disbursing Office of the Senate.
            (c) Amounts withheld from disbursements for employee 
                indebtedness
                Whenever an employee whose compensation is disbursed by 
            the Secretary of the Senate becomes indebted to the Senate 
            and such employee fails to pay such indebtedness, the 
            Secretary of the Senate is authorized to withhold the amount 
            of the indebtedness from any amount which is disbursed by 
            him and which is due to, or on behalf of, such employee. 
            Whenever an amount is withheld under this section, the 
            appropriate account shall be credited in an amount equal to 
            the amount so withheld. (Pub. L. 94-440, Title I, Sec. 104, 
            Oct. 1, 1976, 90 Stat. 1443.)
       251
       251  Sec. 60c-3. Withholding and remittance of State income tax 
                by Secretary of Senate.
            (a) Agreement by Secretary with appropriate State official; 
                covered individuals
                Whenever--
                            (1) the law of any State provides for the 
                        collection of an income tax by imposing upon 
                        employers generally the duty of withholding sums 
                        from the compensation of employees and remitting 
                        such sums to the authorities of such State; and
                            (2) such duty to withhold is imposed 
                        generally with respect to the compensation of 
                        employees who are residents of such State;

            then the Secretary of the Senate is authorized, in 
            accordance with the provisions of this section, to enter 
            into an agreement with the appropriate official of that 
            State to provide for the withholding and remittance of sums 
            for individuals--

                            (A) whose pay is disbursed by the Secretary; 
                        and
                            (B) who request the Secretary to make such 
                        withholdings for remittance to that State.
            (b) Number of remittances authorized
                Any agreement entered into under subsection (a) of this 
            section shall not require the Secretary to remit such sums 
            more often than once each calendar quarter.

[[Page 277]]

            (c) Requests by individuals of Secretary for withholding and 
                remittance; amount of withholding; number and effective 
                date of requests; change of designated State; revocation 
                of request; rules and regulations
                (1) An individual whose pay is disbursed by the 
            Secretary may request the Secretary to withhold sums from 
            his pay for remittance to the appropriate authorities of the 
            State that he designates. Amounts of withholdings shall be 
            made in accordance with those provisions of the law of that 
            State which apply generally to withholding by employers.
                (2) An individual may have in effect at any time only 
            one request for withholdings, and he may not have more than 
            two such requests in effect with respect to different States 
            during any one calendar year.

            The request for withholdings is effective on the first day 
            of the first month commencing after the day on which the 
            request is received in the Disbursing Office of the Senate, 
            except that--

                            (A) when the Secretary first enters into an 
                        agreement with a State, a request for 
                        withholdings shall be effective on such date as 
                        the Secretary may determine; and
                            (B) when an individual first receives an 
                        appointment, the request shall be effective on 
                        the day of appointment, if the individual makes 
                        the request at the time of appointment.
                (3) An individual may change the State designated by him 
            for the purposes of having withholdings made and request 
            that the withholdings be remitted in accordance with such 
            change, and he may also revoke his request for withholdings. 
            Any change in the State designated or revocation is 
            effective on the first day of the first month commencing 
            after the day on which the request for change or the 
            revocation is received in the Disbursing Office.
                (4) The Secretary is authorized to issue rules and 
            regulations he considers appropriate in carrying out this 
            subsection.
            (d) Time or times of agreements by Secretary
                The Secretary may enter into agreements under subsection 
            (a) of this section at such time or times as he considers 
            appropriate.
            (e) Provisions as not imposing duty, burden, requirement or 
                penalty upon the United States, Senate, or any officer 
                or employee of the United States; effect of filing 
                paper, form, or document with Secretary
                This section imposes no duty, burden, or requirement 
            upon the United States, the Senate, or any officer or 
            employee of the United States, except as specifically 
            provided in this section. Nothing in this section shall be 
            deemed to consent to the application of any provision of law 
            which has the effect of subjecting the United States, the 
            Senate, or any officer or employee of the United States to 
            any penalty or liability by reason of the provisions of this 
            section. Any paper, form, or document filed with the 
            Secretary under this section is a paper of the Senate within 
            the provisions of rule XI \1\ of the Standing Rules of the 
            Senate.
                \1\ Changed from ``rule XXX'' as a result of the 
                adoption of S. Res. 274, Nov. 14, 1979, and S. Res. 389, 
                Mar. 25, 1980, 96th Cong.

[[Page 278]]

            (f) Definitions
                For the purposes of this section, ``State'' means any of 
            the States of the United States and the District of 
            Columbia. (Aug. 13, 1974, Pub. L. 93-371, Sec. 2, 88 Stat. 
            427.)
     251.1
     251.1  Sec. 60c-4. Withholding of charitable contributions from 
                salaries paid by the Secretary of the Senate and from 
                employees of the Architect of the Capitol.
            (a) Definitions
                For purposes of this section, the term--
                            (1) ``Secretary'' means the Secretary of the 
                        Senate; and
                            (2) ``Architect'' means the Architect of the 
                        Capitol.
            (b) Notice; deduction and transmission
                (1) The Secretary and the Architect shall notify 
            individuals whose pay is disbursed by the Secretary or who 
            are employees of the Architect, including employees of the 
            Botanic Garden or the Senate Restaurants of the opportunity 
            to have amounts withheld from their pay pursuant to this 
            section for contribution to national voluntary health and 
            welfare agencies designated by the Director of the Office of 
            Personnel Management pursuant to Executive Order 12353, 
            dated March 23, 1982.
                (2) Upon request by such an individual specifying the 
            amount to be withheld and one Combined Federal Campaign 
            Center in the Washington metropolitan area to receive such 
            amount, the Secretary, the Architect, or any other officer 
            who disburses the pay of such individual, as the case may be 
            shall--
                            (A) withhold such amount from the pay of 
                        such individual; and
                            (B) transmit (not less than once each 
                        calendar quarter) the amount so withheld to the 
                        Combined Federal Campaign Center as specified in 
                        such request.
            (c) Time of withholding and transmission
                The Secretary and the Architect shall, to the extent 
            practicable, carry out subsection (b) of this section at or 
            about the time of the Combined Federal Campaign and other 
            fundraising in the executive branch of the Federal 
            Government conducted pursuant to Executive Order 10927, 
            dated March 18, 1961, and at such other time as each such 
            officer deems appropriate.
            (d) Amount
                (1) No amount shall be withheld under subsection (b) of 
            this section from the pay of any individual for any pay 
            period if the amount of such pay for such period is less 
            than the sum of--
                            (A) the amount specified to be withheld from 
                        such pay under subsection (b) of this section 
                        for such period; plus
                            (B) the amount of all other withholdings 
                        from such pay for such period.
                (2) No amount may be specified by an individual to be 
            withheld for any pay period under subsection (b) of this 
            section which is less than--
                            (A) 50 cents, if the pay period of such 
                        individual is biweekly or semimonthly; or
                            (B) $1, if the pay period of such individual 
                        is monthly.

[[Page 279]]

            (e) Provisions as not imposing duty, burden, requirement or 
                penalty upon the United States, Senate, or any officer 
                or employee of the United States; effect of filing paper
                This section imposes no duty, burden, or requirement 
            upon the United States, the Senate, or any officer or 
            employee of the United States, except as specifically 
            provided in this section. Nothing in this section shall be 
            deemed to consent to the application of any provision of law 
            which has the effect of subjecting the United States, the 
            Senate, or any officer or employee of the United States to 
            any penalty or liability by reason of the provisions of this 
            section. Any paper, form, document, or any other item filed 
            with the Secretary under this section is a paper of the 
            Senate within the provisions of rule XI \1\ of the Standing 
            Rules of the Senate.
                \1\ See footnote to Sec. 251(e).
            (f) Rules and regulations
                The Secretary and the Architect are authorized to issue 
            rules and regulations they consider appropriate in carrying 
            out their duties under this section. (Oct. 17, 1978, Pub. L. 
            95-470, 92 Stat. 1323.)
   251.1-1
   251.1-1  Sec. 60j. Longevity compensation.
            (a) Eligible employees
                This section shall apply to--
                            (1) each employee of the Senate whose 
                        compensation is paid from the appropriation for 
                        Salaries, Officers and Employees under the 
                        following headings:

                                (A) Office of the Secretary, including 
                            individuals employed under authority of 
                            section 74b of this title;

                                (B) Office of the Sergeant at Arms and 
                            Doorkeeper, except employees designated as 
                            ``special employees''; and

                                (C) Offices of the Secretaries for the 
                            Majority and the Minority;

                            (2) each employee of the Senate authorized 
                        by Senate resolution to be appointed by the 
                        Secretary of the Senate or the Sergeant at Arms 
                        and Doorkeeper, except employees designated as 
                        ``special employees''; and
                            (3) each employee of the Capitol Guide 
                        Service established under section 851 of title 
                        40.
            (b) Rate of compensation; limitation on increases; 
                computation of service; effective date of payment
                (1) Except as provided in paragraph (2), an employee to 
            whom this section applies shall be paid, during any period 
            of continuous creditable service, additional annual 
            compensation (hereinafter referred to as ``longevity 
            compensation'') at the rate of $482 for (A) each year of 
            creditable service performed for the first five years and 
            (B) each two years of creditable service performed during 
            the twenty-year period following the first five years.
                (2) The amount of longevity compensation which may be 
            paid to an employee, when added to his regular annual 
            compensation, shall not exceed the maximum annual 
            compensation which may be paid to Senate employees generally 
            as prescribed by law or orders of the President pro tempore 
            issued under authority of section 60a-1 of this title.

[[Page 280]]

                (3) For purposes of this section--
                            (A) creditable service includes (i) service 
                        performed as an employee described in subsection 
                        (a) of this section, (ii) service performed as a 
                        member of the Capitol Police or as an employee 
                        of the United States Capitol Telephone Exchange 
                        while compensation therefor is disbursed by the 
                        Clerk of the House of Representatives, and (iii) 
                        service which is creditable for purposes of this 
                        section as in effect on September 30, 1978;
                            (B) in computing length of continuous 
                        creditable service, only creditable service 
                        performed subsequent to August 31, 1957, shall 
                        be taken into account, except that, in the case 
                        of service as an employee employed under 
                        authority of section 74b of this title, only 
                        creditable service performed subsequent to 
                        January 2, 1971, shall be taken into account; 
                        and
                            (C) continuity of creditable service shall 
                        not be deemed to be broken by separations from 
                        service of not more than thirty days, by the 
                        performance of service as an employee (other 
                        than an employee subject to the provisions of 
                        this section) whose compensation is disbursed by 
                        the Secretary of the Senate or the Clerk of the 
                        House of Representatives, or by the performance 
                        of active military service in the armed forces 
                        of the United States, but periods of such 
                        separations and service shall not be creditable 
                        service.
                (4) Longevity compensation shall be payable on and after 
            the first day of the first month following completion of 
            each period of creditable service upon which such 
            compensation is based. (Pub. L. 87-730, Sec. 106 (a), (b), 
            (d), Oct. 2, 1962, 76 Stat. 694, 695, amended Pub. L. 88-
            454, Sec. 104(b), Aug. 20, 1964, 78 Stat. 550; Pub. L. 90-
            57, Title V, Sec. 105(g), July 28, 1967, 81 Stat. 143; Pub. 
            L. 90-206, Title II, Secs. 214(n), 225(h), Dec. 16, 1967, 81 
            Stat. 637, 644; Pub. L. 91-656, Sec. 4, Jan. 8, 1971, 84 
            Stat. 1952; Pub. L. 93-371, Sec. 101, Aug. 13, 1974, 88 
            Stat. 436; Pub. L. 95-240, Title II, Sec. 205, Mar. 7, 1978, 
            92 Stat. 117; Pub. L. 95-391, Title I, Sec. 110(a), Sept. 
            30, 1978, 92 Stat. 774; July 8, 1980, Pub. L. 96-304, Title 
            I, Sec. 107(b), 94 Stat. 890.)
     251.2
     251.2  Sec. 60j-1. Capitol Police longevity compensation.
                Any member of the Capitol Police who by reason of the 
            provision repealed by subsection (b) \1\ was receiving 
            immediately prior to the effective date \2\ of this section, 
            longevity compensation provided by section 105 of the 
            Legislative Branch Appropriation Act, 1959,\3\ shall, on and 
            after such effective date, receive in lieu thereof a 
            longevity increase under section 60j(b) of this title, in 
            addition to any other such increases (not to exceed three) 
            to which he may otherwise be entitled under such section. In 
            computing the length of service of such member for the 
            purpose of such other increases, only service performed 
            subsequent to the date on which he began receiving longevity 
            compensation in accordance with such section 105 shall be 
            counted. (Aug. 20, 1964, Pub. L. 88-454, Sec. 104(c), 78 
            Stat. 550.)
                \1\ Refers to second sentence of section 106(d) of 
                Legislative Branch Appropriation Act, 1963, repealed by 
                section 104(b) of Legislative Branch Appropriation Act, 
                1965.
                \2\ Section became effective September 1, 1964.
                \3\ Section 105 of Legislative Branch Appropriation Act, 
                1959, repealed by section 106(d) of Legislative Branch 
                Appropriation Act, 1963.

[[Page 281]]


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

  

     251.5
     251.5  Sec. 60j-4. Longevity compensation not applicable to 
                individuals paid by Secretary of Senate; savings 
                provision.
                Section 60j of this title on or after October 1, 1983 
            shall not apply to any individual whose pay is disbursed by 
            the Secretary of the Senate; except that, any individual who 
            prior to such date was entitled to longevity compensation 
            under such section on the basis of service performed prior 
            to such date shall continue to be entitled to such 
            compensation, but no individual shall accrue any longevity 
            compensation on the basis of service performed on or after 
            such date. (July 14, 1983, Pub. L. 98-51, Sec. 107, 97 Stat. 
            267.)
       252
       252  Sec. 61. Limit on rate of compensation of officers and 
                employees.
                No officer or employee of the Senate shall receive pay 
            for any services performed by him at any rate higher than 
            that provided for the office or employment to which he has 
            been regularly appointed. (Aug. 5, 1882, ch. 390, Sec. 1, 22 
            Stat. 270.)
     252.1
     252.1  Sec. 61-1. Gross rate of compensation of employees paid by 
                Secretary of Senate.

  

     252.2
     252.2  (a) Annual rate; certification
                (1) Whenever the rate of compensation of any employee 
            whose compensation is disbursed by the Secretary of the 
            Senate is fixed or adjusted on or after October 1, 1980, 
            such rate as so fixed or adjusted shall be at a single whole 
            dollar per annum gross rate and may not include a fractional 
            part of a dollar.\1\
                \1\ As modified by the Order of the President pro 
                tempore of the Senate issued on October 5, 1981, 
                effective October 1, 1981, under authority of section 4 
                of the Federal Pay Comparability Act of 1970.
                (2) New or changed rates of compensation (other than 
            changes in rates which are made by law) of any such employee 
            (other than an employee who is an elected officer of the 
            Senate) shall be certified in writing to the Disbursing 
            Office of the Senate (and, for purposes of

[[Page 282]]

            this paragraph, a new rate of compensation refers to 
            compensation in the case of an appointment, transfer from 
            one Senate appointing authority to another, or promotion by 
            an appointing authority to a position the compensation for 
            which is fixed by law). In the case of an appointment or 
            other new rate of compensation the certification must be 
            received by such office on or before the day the rate of new 
            compensation is to become effective. In any other case, the 
            changed rate of compensation shall take effect on the first 
            day of the month in which such certification is received (if 
            such certification is received within the first ten days of 
            such month), on the first day of the month after the month 
            in which such certification is received (if the day on which 
            such certification is received is after the twenty-fifth day 
            of the month in which it is received), and on the sixteenth 
            day of the month in which such certification is received (if 
            such certification is received after the tenth day and 
            before the twenty-sixth day of such month). Notwithstanding 
            the preceding sentence, if the certification for a changed 
            rate of compensation for an employee specifies an effective 
            date of such change, such change shall become effective on 
            the date so specified, but only if the date so specified is 
            the first or sixteenth day of a month and is after the 
            effective date prescribed in the preceding sentence; and, 
            notwithstanding such sentence and the preceding provisions 
            of this sentence, any changed rate of compensation for a new 
            employee or an employee transferred from one appointing 
            authority to another shall take effect on the date of such 
            employee's appointment or transfer (as the case may be) if 
            such date is later than the effective date for such changed 
            rate of compensation as prescribed by such sentence. (Pub. 
            L. 98-181, Sec. 1203.)
     252.3
     252.3  (b) Conversion increase in computation
                Note.--This subsection has been executed.
     252.4
     252.4  (c) Reference in other provisions to basic rates and 
                additional compensation
                In any case in which the rate of compensation of any 
            employee or position, or class of employees or positions, 
            the compensation for which is disbursed by the Secretary of 
            the Senate, or any maximum or minimum rate with respect to 
            any such employee, position, or class, is referred to in or 
            provided by statute or Senate resolution, and the rate so 
            referred to or provided is a basic rate with respect to 
            which additional compensation is provided by law, such 
            statutory provision or resolution shall be deemed to refer, 
            in lieu of such basic rate, to the per annum gross rate 
            which an employee receiving such basic rate immediately 
            prior to August 1, 1967, would receive (without regard to 
            such statutory provision or resolution) under subsection (b) 
            of this section on and after such date.
     252.5
     252.5  (d) Compensation of employees in office of Senator
            Note
                This subsection sets forth the maximum and minimum 
            salaries which may be paid to employees in the office of a 
            Senator. These figures are changed annually by Orders of the 
            President pro tempore of the Senate issued under authority 
            of section 4 of the Federal Pay Comparability Act of 1970. 
            For the current figures consult the Senate Disbursing 
            Office.
                Each Member of the Senate is authorized by section 
            111(c) of the Legislative Branch Appropriation Act, 1978 
            (Pub. Law 95-94, 91 Stat. 662-663, Aug. 5, 1977),

[[Page 283]]

            to designate employees in his office to assist him in 
            connection with his membership on committees of the Senate. 
            With certain exceptions, an employee so designated is to be 
            accorded all privileges of a professional staff member of 
            the committee to which designated. The text of section 
            111(c) is as follows:
                (c)(1) A Senator may designate employees in his office 
            to assist him in connection with his membership on 
            committees of the Senate. An employee may be designated with 
            respect to only one committee.
                (2) An employee designated by a Senator under this 
            subsection shall be certified by him to the chairman and 
            ranking minority member of the committee with respect to 
            which such designation is made. Such employee shall be 
            accorded all privileges of a professional staff member 
            (whether permanent or investigatory) of such committee 
            including access to all committee sessions and files, except 
            that any such committee may restrict access to its sessions 
            to one staff member per Senator at a time and require, if 
            classified material is being handled or discussed, that any 
            staff member possess the appropriate security clearance 
            before being allowed access to such material or to 
            discussion of it. Nothing contained in this paragraph shall 
            be construed to prohibit a committee from adopting policies 
            and practices with respect to the application of this 
            subsection which are similar to the policies and practices 
            adopted with respect to the application of section 705(c)(1) 
            of Senate Resolution 4, 95th Congress, and section 106(c)(1) 
            of the Supplemental Appropriations Act, 1977.
                (3) A Senator shall notify the chairman and ranking 
            minority member of a committee whenever a designation of an 
            employee under this subsection with respect to such 
            committee is terminated.
                Sec. 111(a) provides for an amount to be added to each 
            Senator's Official Personnel and Expense Account for 
            compensation of committee-related employees authorized under 
            subsection (c). This amount is subject to change annually by 
            Orders of the President pro tempore of the Senate issued 
            under authority of section 4 of the Federal Pay 
            Comparability Act of 1970. For the current figure consult 
            the Senate Disbursing Office.
                Sec. 111(b) repealed, effective the first day of the 
            100th Congress. (Oct. 21, 1987, Sec. 3, Pub. L. 100-137, 101 
            Stat. 819.)
     252.6
     252.6  (e) Compensation of committee staff members
            Note
                This subsection sets forth the maximum salaries which 
            may be paid to committee employees. These figures are 
            changed annually by Orders of the President pro tempore of 
            the Senate issued under authority of section 4 of the 
            Federal Pay Comparability Act of 1970. For the current 
            figures consult the Senate Disbursing Office.
     252.7
     252.7  (f) General limitation
            Note
                This subsection sets forth the maximum and minimum 
            salaries which may be paid to Senate employees (other than 
            committee employees, employees in a Senator's office, and 
            employees serving in a position the salary of which is 
            prescribed by law). These figures are changed annually by 
            Orders of the President pro tempore of the Senate issued 
            under authority of section 4 of the Federal Pay 
            Comparability Act of 1970. For the current figures consult 
            the Senate Disbursing Office.
     252.8
     252.8      (Pub. L. 90-57, Sec. 105 (a)-(f), (j), July 28, 1967, 81 
            Stat. 141-144, amended Pub. L. 90-206, Title II, 
            Sec. 214(j)-(l), Dec. 16, 1967, 81 Stat. 637; Pub. L. 91-
            145, Sec. 101, Dec. 12, 1969, 83 Stat. 340; Pub. L. 91 510, 
            Title III, Sec. 305, Oct. 26, 1970, 84 Stat. 1181; Pub. L. 
            91-656, Sec. 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-184, 
            Ch. IV, Sec. 401, Dec. 15, 1971, 85 Stat. 633; Pub. L. 92-
            607, Ch. V, Sec. 505, Oct. 31, 1972, 86 Stat. 1505; Pub. L. 
            93-145, Sec. 101, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-
            245, Ch. VI, Sec. 601, Jan. 3, 1974, 87 Stat. 1078; Pub. L. 
            93-255, Sec. 1, Mar. 27, 1974, 88 Stat. 52; Pub. L. 93-371, 
            Sec. 101(6), Aug. 13, 1974, 88 Stat. 430; Pub. L. 94-59, 
            Title I, Sec. 102, July 25, 1975,

[[Page 284]]

            89 Stat. 274; Pub. L. 94-440, Title I, Sec. 101(a), Oct. 1, 
            1976, 90 Stat. 1443; Pub. L. 95-94, Title I, Sec. 111(d), 
            Aug. 5, 1977, 91 Stat. 63; Pub. L. 98-181, Title I, 
            Sec. 1203(a), Nov. 30, 1983, 97 Stat. 1289; Pub. L. 104-186, 
            Title II, Sec. 204(9), Aug. 20, 1996, 110 Stat. 1731; 
            modified by Orders of the President pro tempore of the 
            Senate issued under authority of section 4 of the Federal 
            Pay Comparability Act of 1970; July 8, 1980, Pub. L. 96-304, 
            Title I, Sec. 107(a), 94 Stat. 890.)
     252.9
     252.9  Sec. 61-1a. Availability of appropriated funds for payment 
                to an individual of pay from more than one position; 
                conditions.
                Notwithstanding any other provision of law, appropriated 
            funds are available for payment to an individual of pay from 
            more than one position, each of which is either in the 
            office of a Senator and the pay of which is disbursed by the 
            Secretary of the Senate or is in another office and the pay 
            of which is disbursed by the Secretary of the Senate out of 
            an appropriation under the heading ``Salaries, Officers and 
            Employees'', if the aggregate gross pay from those positions 
            does not exceed the maximum rate specified in section 61-
            1(d)(2) of this title. (Pub. L. 95-94, Title I, Sec. 114, 
            Aug. 5, 1977, 91 Stat. 665; Pub. L. 95-240, Title II, 
            Sec. 207, Mar, 7, 1978, 92 Stat. 117; Pub. L. 100-202, 
            Sec. 9, Dec. 22, 1987, 101 Stat. 1329-295.)
    252.10
    252.10  Sec. 61-1b. Availability of appropriations during first 
                three months of any fiscal year for aggregate of 
                payments of gross compensation made to employees from 
                Senate appropriation account for ``Salaries, Officers 
                and Employees''.
                At no time during the first three months of any fiscal 
            year (commencing with the fiscal year which begins October 
            1, 1984) shall the aggregate of payments of gross 
            compensation made to employees out of any line item 
            appropriation within the Senate appropriation account for 
            ``Salaries, Officers and Employees'' (other than the line 
            item appropriations, within such account for 
            ``Administrative, clerical, and legislative assistance to 
            Senators'' and for ``Agency contributions'') exceed twenty-
            five per centum of the total amount available for such line 
            item appropriations for such fiscal year. (July 17, 1984, 
            P.L. 98-367, Title I, Sec. 4, 98 Stat. 475.)
    252.11
    252.11  Sec. 61-1c. Aggregate gross compensation of employee of 
                Senator of State with population under 5,000,000.
                (a) Notwithstanding the provisions of section 61-1(d)(1) 
            of this title, and except as otherwise provided in 
            subparagraph (C) of section 61-1(d)(1) of this title, the 
            aggregate of gross compensation paid employees in the office 
            of a Senator shall not exceed during each fiscal year 
            $1,012,083 if the population of his State is less than 
            5,000,000.
                (b) Subsection (a) of this section shall take effect 
            October 1, 1991. (Aug. 14, 1991, Pub. L. 102-90, Title I, 
            Sec. 5, 105 Stat. 450.)
       253
       253  Sec. 61a. Compensation of Secretary of the Senate.
            Note
                Pursuant to Orders of the President pro tempore of the 
            Senate issued under authority of section 4 of the Federal 
            Pay Comparability Act of 1970, the Annual rate of 
            compensation of the Secretary of the Senate is the same as 
            level III of the Executive Schedule (5 U.S.C. Sec. 5314), 
            but may not be more than $1,000 less than the annual rate of 
            compensation of a Senator.

[[Page 285]]


     254.8
     254.8  Sec. 61a-9. Advancement by Secretary of the Senate of travel 
                funds to employees under his jurisdiction for Federal 
                Election Campaign Act travel expenses.
                The Secretary of the Senate is hereafter authorized to 
            advance, in his discretion, to any designated employee under 
            his jurisdiction, such sums as may be necessary, not 
            exceeding $1,500, to defray official travel expenses in 
            assisting the Secretary in carrying out his duties under the 
            Federal Election Campaign Act of 1971. Any such employee 
            shall, as soon as practicable, furnish to the Secretary a 
            detailed voucher for such expenses incurred and make 
            settlement with respect to any amount so advanced. (Oct. 31, 
            1972, Pub. L. 92-607, Sec. 504, 86 Stat. 1505.)
     254.9
     254.9  Sec. 61a-9a. Travel expenses of Secretary of Senate; 
                advancement of travel funds to designated employees.
                For the purpose of carrying out his duties, the 
            Secretary of the Senate is authorized to incur official 
            travel expenses. The Secretary of the Senate is authorized 
            to advance, in his discretion, to any designated employee 
            under his jurisdiction, such sums as may be necessary, not 
            exceeding $1,000, to defray official travel expenses in 
            assisting the Secretary in carrying out his duties. Any such 
            employee shall, as soon as practicable, furnish to the 
            Secretary a detailed voucher for such expenses incurred and 
            make settlement with respect to any amount so advanced. 
            Payments to carry out the provisions of this section shall 
            be made from funds included in the appropriation 
            ``Miscellaneous Items'' under the heading ``Contingent 
            Expenses of the Senate'' upon vouchers approved by the 
            Secretary of the Senate. (July 25, 1975, Pub. L. 94-59, 
            Sec. 101, 89 Stat. 273; Aug. 5, 1977, Pub. L. 95-94, Title 
            I, Sec. 106, 91 Stat. 661; Sept. 8, 1978, Pub. L. 95-355, 
            Title I, Sec. 101, 92 Stat. 533; June 5, 1981, Pub. L. 97-
            12, Sec. 102, 95 Stat. 61; July 17, 1984, Pub. L. 98-367, 
            Sec. 1, 98 Stat. 474.)
       255
       255  Sec. 61a-11. Abolition of statutory positions in the Office 
                of the Secretary of the Senate; Secretary's authority to 
                establish and fix compensation for positions.
                Effective October 1, 1981, all statutory positions in 
            the Office of the Secretary (other than the positions of the 
            Secretary of the Senate, Assistant Secretary of the Senate, 
            Parliamentarian, Financial Clerk, and Director of the Office 
            of Classified National Security Information) are abolished, 
            and in lieu of the positions hereby abolished the Secretary 
            of the Senate is authorized to establish such number of 
            positions as he deems appropriate and appoint and fix the 
            compensation of employees to fill the positions so 
            established; except that the annual rate of compensation 
            payable to any employee appointed to fill any position 
            established by the Secretary of the Senate shall not, for 
            any period of time, be in excess of $1,000 less than the 
            annual rate of compensation of the Secretary of the Senate 
            for that period of time; and except that nothing in this 
            section shall be construed to affect any position authorized 
            by statute, if the compensation for such position is to be 
            paid from the contingent fund of the Senate. (Oct. 1, 1981, 
            Public Law 97-51, Sec. 114, 95 Stat. 963.)
     255.1
     255.1  Sec. 61b-1. Compensation of Parliamentarian of Senate.
                The Parliamentarian may be paid at a maximum annual rate 
            of compensation not to exceed $39,000. (Aug. 5, 1955, ch. 
            568 Sec. 1, 69 Stat.

[[Page 286]]

            499; June 27, 1956, ch. 453, Sec. 101, 70 Stat. 356; Aug. 
            13, 1974, Pub. L. 93-371, Sec. 4, 88 Stat. 429; July 25, 
            1975, Pub. L. 94-59, Title I, Sec. 105, 89 Stat. 275.)
     255.3
     255.3  Sec. 61c-1. Adjustment of rate of compensation by Secretary 
                of the Senate.
                Any specific rate of compensation established by law, as 
            such rate has been increased or may hereafter be increased 
            by or pursuant to law, for any position under the 
            jurisdiction of the Secretary shall be considered as the 
            maximum rate of compensation for that position, and the 
            Secretary is authorized to adjust the rate of compensation 
            of an individual occupying any such position to a rate not 
            exceeding such maximum rate. (Aug. 18, 1970, Pub. L. 91-382, 
            Sec. 101, 84 Stat. 808.)
       256
       256  Sec. 61d. Compensation of the Chaplain of the Senate.
                Effective with respect to pay periods beginning on or 
            after December 22, 1987, the Chaplain of the Senate shall be 
            compensated at a rate equal to the annual rate of basic pay 
            for level IV of the Executive Schedule under section 5315 of 
            title 5. (Dec. 22, 1987, Pub. L. 100-202, Sec. 2(a), 101 
            Stat. 1329-294.)
     256.1
     256.1  Sec. 61d-1. Compensation of employees of the Chaplain of the 
                Senate.
                The Chaplain of the Senate may appoint and fix the 
            compensation of such employees as he deems appropriate, 
            except that the amount which may be paid for any fiscal year 
            as gross compensation for personnel in such Office for any 
            fiscal year shall not exceed $147,000. (Pub. L. 91-145, Dec. 
            12, 1969, 83 Stat. 340; Pub. L. 93-371, Sec. 101, Aug. 13, 
            1974, 88 Stat. 424; Pub. L. 96-38, Title I, Sec. 103, July 
            25, 1979, 93 Stat. 112; Pub. L. 100-202, Sec. 101(i) [Title 
            I, Sec. 2(b)], Dec. 22, 1987, 101 Stat. 1329-294; Pub. L. 
            101-163, Title I, Sec. 10, Nov. 21, 1989, 103 Stat. 1046.)
     256.5
     256.5  Sec. 61d-2. Postage allowance for Chaplain of the Senate.
                The Secretary of the Senate is authorized and directed 
            to procure and furnish each fiscal year (commencing with the 
            fiscal year ending September 30, 1982) to the Chaplain of 
            the Senate, upon the request of the Chaplain of the Senate, 
            United States postage stamps in such amounts as may be 
            necessary for the mailing of postal matters arising in 
            connection with his official business. (June 1, 1976, Pub. 
            L. 94-303, Title I, Sec. 114, 90 Stat. 614; Oct. 1, 1981, 
            Pub. L. 97-51, Sec. 127, 95 Stat. 966.)
     256.6
     256.6  Sec. 61d-3. Office of the Chaplain Expense Revolving Fund.
                (a) There is established in the Treasury of the United 
            States within the contingent fund of the senate a revolving 
            fund, to be known as the ``Office of the Chaplain Expense 
            Revolving Fund'' (hereafter referred to as the ``fund''). 
            The fund shall consist of all moneys collected or received 
            with respect to the Office of the Chaplain of the Senate.
                (b) The fund shall be available without fiscal year 
            limitation for disbursement by the Secretary of the Senate, 
            not to exceed $35,000 in any fiscal year, for the payment of 
            official expenses incurred by the Chaplain of the Senate. In 
            addition, moneys in the fund may be used to purchase food or 
            food related items. The fund shall not be available for the 
            payment of salaries.

[[Page 287]]

                (c) All moneys (including donated moneys) received or 
            collected with respect to the Office of the Chaplain of the 
            Senate shall be deposited in the fund and shall be available 
            for purposes of this section.
                (d) Disbursements from the fund shall be made on 
            vouchers approved by the Chaplain of the Senate. (Nov. 19, 
            1995, Pub. L. 104-53, Title I, Sec. 2, 109 Stat. 517; Oct. 
            21, 1998, Pub. L. 105-275, Title I, Sec. 2(a), 112 Stat. 
            2433.)
       257
       257  Sec. 61e. Compensation of Sergeant at Arms and Doorkeeper of 
                the Senate.
            Note
                Pursuant to Orders of the President pro tempore of the 
            Senate issued under authority of section 4 of the Federal 
            Pay Comparability Act of 1970, the annual rate of 
            compensation of the Sergeant at Arms and Doorkeeper of the 
            Senate is the same as level III of the Executive Schedule (5 
            U.S.C. Sec. 5314), but may not be more than $1,000 less than 
            the annual rate of compensation of a Senator.
     257.5
     257.5  Sec. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on 
                death, resignation, disability, or absence of Sergeant 
                at Arms and Doorkeeper of the Senate.
                In the event of the death, resignation, or disability of 
            the Sergeant at Arms and Doorkeeper of the Senate, the 
            Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant 
            at Arms and Doorkeeper of the Senate in carrying out the 
            duties and responsibilities of that office in all matters 
            until such time as a new Sergeant at Arms and Doorkeeper of 
            the Senate shall have been elected and qualified or such 
            disability shall have been ended. For purposes of this 
            section, the Sergeant at Arms and Doorkeeper of the Senate 
            shall be considered as disabled only during such period of 
            time as the Majority and Minority Leaders and the President 
            pro tempore of the Senate certify jointly to the Senate that 
            the Sergeant at Arms and Doorkeeper of the Senate is unable 
            to perform his duties. In the event that the Sergeant at 
            Arms and Doorkeeper of the Senate is absent, the Deputy 
            Sergeant at Arms and Doorkeeper shall act during such 
            absence as the Sergeant at Arms and Doorkeeper of the Senate 
            in carrying out the duties and responsibilities of the 
            office in all matters. (Oct. 1, 1981, Pub. L. 97-51, 
            Sec. 128, 95 Stat. 966.)
     257.6
     257.6  Sec. 61e-4. Designation by Sergeant at Arms and Doorkeeper 
                of Senate of persons to approve vouchers for payment of 
                moneys.
                The Sergeant at Arms and Doorkeeper of the Senate 
            (hereinafter in this section referred to as the ``Sergeant 
            at Arms'') may designate one or more employees in the Office 
            of the Sergeant at Arms and Doorkeeper of the Senate to 
            approve, on his behalf, all vouchers, for payment of moneys, 
            which the Sergeant at Arms is authorized to approve. 
            Whenever the Sergeant at Arms makes a designation under the 
            authority of the preceding sentence, he shall immediately 
            notify the Committee on Rules and Administration in writing 
            of the designation, and thereafter any approval of any 
            voucher, for payment of moneys, by an employee so designated 
            shall (until such designation is revoked and the Sergeant at 
            Arms notifies the Committee on Rules and Administration in 
            writing of the revocation) be deemed and held to be approved 
            by the Sergeant at Arms for all intents and purposes. (Pub. 
            L. 98-181, Title I, Sec. 1201, Nov. 30, 1983, 97 Stat. 
            1289.)

[[Page 288]]


       258
       258  Sec. 61f-1a. Travel expenses of Sergeant at Arms and 
                Doorkeeper of the Senate.
                For the purpose of carrying out his duties, the Sergeant 
            at Arms and Doorkeeper of the Senate is authorized to incur 
            official travel expenses during each fiscal year not to 
            exceed the sums made available for such purpose under 
            appropriations Acts. With the approval of the Sergeant at 
            Arms and Doorkeeper of the Senate and in accordance with 
            such regulations as may be promulgated by the Senate 
            Committee on Rules and Administration, the Secretary of the 
            Senate is authorized to advance to the Sergeant at Arms or 
            to any designated employee under the jurisdiction of the 
            Sergeant at Arms and Doorkeeper, such sums as may be 
            necessary to defray official travel expenses incurred in 
            carrying out the duties of the Sergeant at Arms and 
            Doorkeeper. The receipt of any such sum so advanced to the 
            Sergeant at Arms and Doorkeeper or to any designated 
            employee shall be taken and passed by the accounting 
            officers of the Government as a full and sufficient voucher, 
            but it shall be the duty of the traveler, as soon as 
            practicable, to furnish to the Secretary of the Senate a 
            detailed voucher of the expenses incurred for the travel 
            with respect to which the sum was so advanced, and make 
            settlement with respect to such sum. Payments under this 
            section shall be made from funds included in the 
            appropriations account, within the contingent fund of the 
            Senate, for the Sergeant at Arms and Doorkeeper of the 
            Senate, upon vouchers approved by the Sergeant at Arms and 
            Doorkeeper. (June 1, 1976, Pub. L. 94-303, Title I, 
            Sec. 117, 90 Stat. 615; Sept. 30, 1978, Pub. L. 95-391, 
            Title I, Sec. 106, 92 Stat. 772; Oct. 12, 1979, Pub. L. 96-
            86; Sec. 111(c), 93 Stat. 661; June 5, 1981, Pub. L. 97-12, 
            Sec. 108, 95 Stat. 62; Oct. 1, 1988, Pub. L. 100-458, 
            Sec. 6, 102 Stat. 2161, 2162; Pub. L. 100-458, Sec. 6, Oct. 
            1, 1988, 102 Stat. 2161; Pub. L. 101-520, Title I, Sec. 6, 
            Nov. 5, 1990, 104 Stat. 2258.)
     258.5
     258.5  Sec. 61f-7. Abolition of statutory positions in the Office 
                of the Sergeant at Arms and Doorkeeper of the Senate; 
                authority to establish and fix compensations for 
                positions.
                Effective October 1, 1981, all statutory positions in 
            the Office of the Sergeant at Arms and Doorkeeper of the 
            Senate (other than the positions of the Sergeant at Arms and 
            Doorkeeper of the Senate, Deputy Sergeant at Arms and 
            Doorkeeper, and Administrative Assistant) are abolished, and 
            in lieu of the positions hereby abolished the Sergeant at 
            Arms and Doorkeeper of the Senate is authorized to establish 
            such number of positions as he deems appropriate and appoint 
            and fix the compensation of employees to fill the positions 
            so established; except that the annual rate of compensation 
            payable to any employee appointed to fill any position 
            established by the Sergeant at Arms and Doorkeeper of the 
            Senate shall not, for any period of time, be in excess of 
            $1,000 less than the annual rate of compensation of the 
            Sergeant at Arms and Doorkeeper of the Senate for that 
            period of time; and except that nothing in this section 
            shall be construed to affect any position authorized by 
            statute, if the compensation for such position is to be paid 
            from the contingent fund of the Senate. (Oct. 1, 1981, Pub. 
            L. 97-51, Sec. 116, 95 Stat. 963.)

[[Page 289]]


       259
       259  Sec. 61f-8. Use by Sergeant at Arms and Doorkeeper of the 
                Senate of individual consultants or organizations, and 
                department and agency personnel.
                For each fiscal year (beginning with the fiscal year 
            which ends September 30, 1982), the Sergeant at Arms and 
            Doorkeeper of the Senate is hereby authorized to expend from 
            the account for the Sergeant at Arms and Doorkeeper of the 
            Senate, within the contingent fund of the Senate, an amount 
            not to exceed $300,000 for:
                            (1) the procurement of the services, on a 
                        temporary basis, of individual consultants, or 
                        organizations thereof, with the prior consent of 
                        the Committee on Rules and Administration; such 
                        services may be procured by contract with the 
                        providers acting as independent contractors, or 
                        in the case of individuals, by employment at 
                        daily rates of compensation not in excess of the 
                        per diem equivalent of the highest gross rate of 
                        annual compensation which may be paid to 
                        employees of a standing committee of the Senate; 
                        and any such contract shall not be subject to 
                        the provisions of section 5 of title 41 or any 
                        other provision of law requiring advertising; 
                        and
                            (2) with the prior consent of the Government 
                        department or agency concerned and the Committee 
                        on Rules and Administration, use on a 
                        reimbursable basis (with reimbursement payable 
                        at the end of each calendar quarter for services 
                        rendered during such quarter) of the services of 
                        personnel of any such department or agency.

            Payments made under this section shall be made upon vouchers 
            approved by the Sergeant at Arms and Doorkeeper of the 
            Senate. (Oct. 1, 1981, Pub. L. 97-51, Sec. 117, 95 Stat. 
            964; Pub. L. 97-257, Title I, Sec. 103, Sept. 10, 1982, 96 
            Stat. 849; Oct. 1, 1988, Pub. L. 100-458, Sec. 7, 102 Stat. 
            2162.)

       260
       260  Sec. 61g-6. Payment of expenses of Conference of the 
                Majority and the Conference of the Minority from 
                contingent fund of Senate.
                For each fiscal year (beginning with the fiscal year 
            which ends September 30, 1982) there is authorized to be 
            expended from the contingent fund of the Senate an amount, 
            not in excess of $75,000, for the Conference of the Majority 
            and an equal amount for the Conference of the Minority. 
            Payments under this section shall be made only for expenses 
            actually incurred by such a Conference in carrying out its 
            functions, and shall be made upon certification and 
            documentation of the expenses involved, by the Chairman of 
            the Conference claiming payment hereunder and upon vouchers 
            approved by such Chairman and by the Committee on Rules and 
            Administration, except that vouchers shall not be required 
            for payment of long-distance telephone calls. (Oct. 1, 1981, 
            Pub. L. 97-51, Sec. 120, 95 Stat. 965; Pub. L. 97-276, Oct. 
            2, 1982, Sec. 101(e), 96 Stat. 1189; Pub. L. 99-151, Title 
            I, Sec. 1, Nov. 13, 1985, 99 Stat. 794; Pub. L. 101-163, 
            Title I, Nov. 21, 1989, 103 Stat. 1043; Pub. L. 101-520, 
            Title I, Nov. 5, 1990, 104 Stat. 2256.)
      260a
      260a  Sec. 61g-6a. Salaries and expenses for Senate Majority and 
                Minority Policy Committees and Senate Majority and 
                Minority Conference Committees
                (a)(1) The Chairman of the Majority or Minority Policy 
            Committee of the Senate may, during any fiscal year, at his 
            or her election transfer funds from the appropriation 
            account for salaries for the Majority and

[[Page 290]]

            Minority Policy Committees of the Senate, to the account, 
            within the contingent fund of the Senate, from which 
            expenses are payable for such committees.
                (2) The Chairman of the Majority or Minority Policy 
            Committee of the Senate may, during any fiscal year, at his 
            or her election transfer funds from the appropriation 
            account for expenses, within the contingent fund of the 
            Senate, for the Majority and Minority Policy Committees of 
            the Senate, to the account from which salaries are payable 
            for such committees.
                (b)(1) The Chairman of the Majority or Minority 
            Conference Committee of the Senate may, during any fiscal 
            year, at his or her election transfer funds from the 
            appropriation account for salaries for the Majority and 
            Minority Conference Committees of the Senate, to the 
            account, within the contingent fund of the Senate, from 
            which expenses are payable for such committees.
                (2) The Chairman of the Majority or Minority Conference 
            Committee of the Senate may, during any fiscal year, at his 
            or her election transfer funds from the appropriation 
            account for expenses, within the contingent fund of the 
            Senate, for the Majority and Minority Conference Committees 
            of the Senate, to the account from which salaries are 
            payable for such committees.
                (c) Any funds transferred under this section shall be--
                            (1) available for expenditure by such 
                        committee in like manner and for the same 
                        purposes as are other moneys which are available 
                        for expenditure by such committee from the 
                        account to which the funds were transferred; and
                            (2) made at such time or times as the 
                        Chairman shall specify in writing to the Senate 
                        Disbursing Office.
                (d) The Chairman of a committee transferring funds under 
            this section shall notify the Committee on Appropriations of 
            the Senate of the transfer. (Nov. 5, 1990, Pub. L. 101-520, 
            Title I, Sec. 1, 104 Stat. 2257; Aug. 14, 1991, Pub. L. 102-
            90, Title I, 105 Stat. 450; Nov. 19, 1995, Pub. L. 104-53, 
            Title I, Sec. 7(a), 109 Stat. 518.)
     260.1
     260.1  Sec. 61g-7. Services of consultants to Majority or Minority 
                Conference Committee of the Senate.
            (a) Authorization of expenditure with approval of Committee 
                on Rules and Administration
                Funds authorized to be expended under section 61g-6 of 
            this title may be used by the Majority or Minority 
            Conference Committee of the Senate, with the approval of the 
            Committee on Rules and Administration, to procure the 
            temporary services (not in excess of one year) or 
            intermittent services of individual consultants, or 
            organizations thereof, to make studies or advise the 
            committee with respect to any matter within its jurisdiction 
            or with respect to the administration of the affairs of the 
            committee.
            (b) Procurement by contractor or employment
                Such services in the case of individuals or 
            organizations may be procured by contract as independent 
            contractors, or in the case of individuals, by employment at 
            daily rates of compensation not in excess of the per diem 
            equivalent of the highest gross rate of compensation which 
            may be paid to a regular employee of such committee. Such 
            contracts

[[Page 291]]

            shall not be subject to the provisions of section 5 of title 
            41 or any other provision of law requiring advertising.
            (c) Selection of consultant or organization by Conference 
                Committee chairman
                Any such consultant or organization shall be selected 
            for the Majority or Minority Conference Committee of the 
            Senate by the chairman thereof. (Aug. 15, 1985, Pub. L. 99-
            88, Title I, Sec. 195, 99 Stat. 349; Pub. L. 104-197, Title 
            I, Sec. 1, Sept. 1, 1996, 110 Stat. 2396.)
    260.1a
    260.1a  Sec. 61g-8. Utilization of funds for specialized training of 
                professional staff for Majority and Minority Conference 
                Committee of the Senate.
                Funds appropriated to the Conference of the Majority and 
            funds appropriated to the Conference of the Minority for any 
            fiscal year (commencing with the fiscal year ending 
            September 30, 1991), may be utilized in such amounts as the 
            Chairman of each Conference deems appropriate for the 
            specialized training of professional staff, subject to such 
            limitations, insofar as they are applicable, as are imposed 
            by the Committee on Rules and Administration with respect to 
            such training when provided to professional staff of 
            standing committees of the Senate. (Pub. L. 101-520, Title 
            I, Sec. 2, Nov. 5, 1990, 104 Stat. 2257.)
     260.2
     260.2  Sec. 61h-4. Appointment of employees by Majority and 
                Minority Leaders of Senate; compensation.
                Effective April 1, 1977, the Majority Leader and the 
            Minority Leader are each authorized to appoint and fix the 
            compensation of such employees as they deem appropriate: 
            Provided, That the gross compensation paid to such employees 
            shall not exceed $191,700 each fiscal year for each Leader. 
            (May 4, 1977, Pub. L. 95-26, Title I, Sec. 100, 91 Stat. 
            80.)
            Note
                S. Res. 89, 100-1, Jan. 28, 1987, established within the 
            offices of Majority and Minority Leaders the positions of 
            chief of staff for the Majority Leader and chief of staff 
            for the Minority Leader. Rate of compensation shall be fixed 
            by the appropriate leader, not to exceed the maximum annual 
            rate of gross compensation of the Assistant Secretary of the 
            Senate.
     260.3
     260.3  Sec. 61h-5. Assistants to Senate Majority and Minority 
                Leaders for Floor Operations; establishment of 
                positions; appointment; compensation.
                Effective October 1, 1983, there is established within 
            the Offices of the Majority and Minority Leaders the 
            positions of Assistant to the Majority Leader for Floor 
            Operations and Assistant to the Minority Leader for Floor 
            Operations, respectively. Individuals appointed to such 
            positions by the Majority Leader and Minority Leader, 
            respectively, shall receive compensation at a rate fixed by 
            the appropriate Leader not to exceed the maximum annual rate 
            of gross compensation of the Assistant Secretary of the 
            Senate. (July 14, 1983, Pub. L. 98-51, Title I, Sec. 101(a), 
            97 Stat. 265.)

[[Page 292]]


     260.4
     260.4  Sec. 61h-6. Appointment of consultants by Majority Leader, 
                Minority Leader, Secretary of the Senate, and 
                Legislative Counsel of the Senate; compensation.
                (a) The Majority Leader and the Minority Leader, are 
            each authorized to appoint and fix the compensation of not 
            more than four individual consultants, on a temporary or 
            intermittent basis, at a daily rate of compensation not in 
            excess of the per diem equivalent of the highest gross rate 
            of annual compensation which may be paid to employees of a 
            standing committee of the Senate. The President pro tempore 
            of the Senate is authorized to appoint and fix the 
            compensation of one consultant, on a temporary or 
            intermittent basis, at a daily rate of compensation not in 
            excess of that specified in the first sentence of this 
            subsection. The Secretary of the Senate is authorized to 
            appoint and fix the compensation of not more than two 
            individual consultants, on a temporary or intermittent 
            basis, at a daily rate of compensation not in excess of the 
            per diem equivalent of the highest gross rate of annual 
            compensation which may be paid to employees of a standing 
            committee of the Senate. The Legislative Counsel of the 
            Senate (subject to the approval of the President pro 
            tempore) is authorized to appoint and fix the compensation 
            of not more than two consultants, on a temporary or 
            intermittent basis, at a daily rate of compensation not in 
            excess of that specified in the first sentence of this 
            section. The provisions of section 8344 and 8468 of title 5 
            shall not apply to any individual serving in a position 
            under this authority. Expenditures under this authority 
            shall be paid from the contingent fund of the Senate upon 
            vouchers approved by the President pro tempore, Majority 
            Leader, Minority Leader, Secretary of the Senate, or 
            Legislative Counsel of the Senate, as the case may be.
                (b) Any or all appointments under this section may be at 
            an annual rate of compensation rather than at a daily rate 
            of compensation, but such annual rate shall not be in excess 
            of the highest gross rate of annual compensation which may 
            be paid to employees of a standing committee of the Senate. 
            (As amended Pub. L. 105-275, Title I, Secs. 4(a), (b), Oct. 
            21, 1998, 112 Stat. 2433.)
    260.4a
    260.4a  Sec. 61h-7. Chiefs of Staff of the Senate Majority and 
                Minority Leaders; appointment; compensation.
                (a) There is established within the Offices of the 
            Majority and Minority Leader the positions of Chief of Staff 
            for the Majority Leader and Chief of Staff for the Minority 
            Leader, respectively. Individuals appointed to such 
            positions by the Majority Leader and Minority Leader, 
            respectively, shall receive compensation at a rate fixed by 
            the appropriate Leader not to exceed the maximum annual rate 
            of gross compensation of the Assistant Secretary of the 
            Senate.
                (b) Gross compensation for employees filling positions 
            established by subsection (a) of this section for the fiscal 
            year ending September 30, 1987, shall be paid out of any 
            funds available in the Senate appropriation for such year 
            under the item ``Salaries, Officers and Employees''. (Pub. 
            L. 101-163, Title I, Sec. 9, Nov. 21, 1989, 103 Stat. 1046.)
     260.5
     260.5  Sec. 61j-2. Compensation and appointment of employees by 
                Majority and Minority Whips of Senate.
                Effective April 1, 1977, the Majority Whip and the 
            Minority Whip are each authorized to appoint and fix the 
            compensation of such employ

[[Page 293]]

            ees as they deem appropriate: Provided, That the gross 
            compensation paid to such employees shall not exceed 
            $111,100 each fiscal year for each Whip. (May 4, 1977, Pub. 
            L. 95-26, Title I, Sec. 100, 91 Stat. 80.)
     260.6
     260.6  Sec. 61k. Appointment and compensation of employees by 
                President pro tempore of Senate.
                Effective October 1, 1979, the President pro tempore is 
            authorized to appoint and fix the compensation of such 
            employees as he deems appropriate: Provided, That the gross 
            compensation paid to such employees shall not exceed 
            $123,000 each fiscal year. (July 25, 1979, Pub. L. 96-38, 
            Title I, Sec. 101, 93 Stat. 111.)
     260.7
     260.7  Sec. 61l. Appointment and compensation of Administrative 
                Assistant, Legislative Assistant, and Executive 
                Secretary for Deputy President pro tempore of Senate.
                Effective April 1, 1977, the Deputy President pro 
            tempore is authorized to appoint and fix the compensation of 
            an Administrative Assistant at not to exceed $47,595 per 
            annum; a Legislative Assistant at not to exceed $40,080 per 
            annum, and an Executive Secretary at not to exceed $23,380 
            per annum. (May 4, 1977, Pub. L. 95-26, Title I, Sec. 100, 
            91 Stat. 80.)
       261
       261  Sec. 62. Limitation on compensation of Sergeant at Arms and 
                Doorkeeper of Senate.
                The Sergeant at Arms and Doorkeeper of the Senate shall 
            receive, directly or indirectly, no fees or other 
            compensation or emolument whatever for performing the duties 
            of the office, or in connection therewith, other than the 
            salary prescribed by law. (June 20, 1874, ch. 328, 18 Stat. 
            85; Mar. 3, 1875, ch. 129, 18 Stat. 344.)
       262
       262  Sec. 63. Repealed. (Pub. L. 104-186, Title II, Sec. 204(21), 
                Aug. 20, 1996, 110 Stat. 1733)

  

       263
       263  Sec. 64. Omitted.

  

     263.1
     263.1  Sec. 64-1. Employees of Senate Disbursing Office; 
                designation by Secretary of the Senate to administer 
                oaths and affirmations.
                The Secretary of the Senate is, on and after November 1, 
            1973, authorized to designate, in writing, employees of the 
            Disbursing Office of the Senate to administer oaths and 
            affirmations, with respect to matters relating to that 
            Office, authorized or required by law or rules or orders of 
            the Senate (including the oath of office required by section 
            3331 of title 5, United States Code). During any period in 
            which he is so designated, any such employee may administer 
            such oaths and affirmations. (Nov. 1, 1973, Pub. L. 93-145, 
            Sec. 101, 87 Stat. 532.)
     263.2
     263.2  Sec. 64-2. Transfers of funds by Secretary of Senate; 
                approval of Committee on Appropriations.
                Hereafter, the Secretary of the Senate is authorized to 
            make such transfers between appropriations of funds 
            available for disbursement by him for a fiscal year as may 
            be approved by a resolution of the Senate (reported by the 
            Committee on Appropriations of the Senate), and, to the 
            extent necessary, to reimburse, out of funds thereafter made 
            available for disbursement by him for such fiscal year, any 
            appropriation or fund for any amount so transferred from it. 
            (May 4, 1977, Pub. L. 95-26, Title I, Sec. 108, 91 Stat. 
            85.)

[[Page 294]]

            Note
                Section 113 of Pub. L. 97-51 provided ``Hereafter, the 
            Secretary of the Senate as Disbursing Officer of the Senate 
            is authorized to make such transfers between appropriations 
            of funds available for disbursement by him for fiscal year 
            1982, as he deems appropriate, subject to the customary 
            reprogramming procedures of the Committee on Appropriations 
            of the Senate.''
            Note
                During any fiscal year (commencing with the fiscal year 
            beginning October 1, 1982) the Secretary of the Senate is 
            authorized to make such transfers between appropriations of 
            funds available for disbursement by him during such year, 
            subject to the approval of the Committee on Appropriations 
            of the Senate. (Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 
            96 Stat. 1189.)
     263.3
     263.3  Sec. 64-3. Reimbursement for United States Capitol Police 
                salaries paid by Senate for service at Federal Law 
                Enforcement Training Center.
                Notwithstanding any other provision of law, the 
            Secretary of the Senate is authorized to receive moneys from 
            the Department of the Treasury as reimbursements for 
            salaries paid by the United States Senate in connection with 
            certain officers and members of the United States Capitol 
            Police serving as instructors at the Federal Law Enforcement 
            Training Center. Moneys so received shall be deposited in 
            the Treasury of the United States as miscellaneous receipts. 
            (May 4, 1977, Pub. L. 95-26, Title I, Sec. 111, 91 Stat. 
            87.)
       264
       264  Sec. 64a. Death, resignation, or disability of Secretary and 
                Assistant Secretary of Senate; Financial Clerk deemed 
                successor as disbursing officer.
                For any period during which both the Secretary and the 
            Assistant Secretary of the Senate are unable (because of 
            death, resignation, or disability) to discharge such 
            Secretary's duties as disbursing officer of the Senate, the 
            Financial Clerk of the Senate shall be deemed to be the 
            successor of such Secretary as disbursing officer. (Mar. 3, 
            1926, ch. 44, Sec. 1, 44 Stat. 162; Oct. 31, 1969, Pub. L. 
            91-105, Sec. 2, 83 Stat. 169; Aug. 18, 1970, Pub. L. 91-382, 
            Sec. 101, 84 Stat. 810; June 6, 1972, Pub. L. 92-310, 
            Sec. 220(g), 86 Stat. 204; July 17, 1984, Pub. L. 98-367, 
            Sec. 2, 98 Stat. 474.)
       265
       265  Sec. 64b. Death, resignation, or disability of Secretary of 
                Senate; Assistant Secretary of the Senate to act as 
                Secretary; written designation of absent status.
                In the event of the death, resignation, or disability of 
            the Secretary of the Senate, the Assistant Secretary of the 
            Senate shall act as Secretary in carrying out the duties and 
            responsibilities of that office in all matters until such 
            time as a new Secretary shall have been elected and 
            qualified or such disability shall have been ended. For 
            purposes of this section and section 64a of this title, the 
            Secretary of the Senate shall be considered as disabled only 
            during such period of time as the Majority and Minority 
            Leaders and the President pro tempore of the Senate certify 
            jointly to the Senate that the Secretary is unable to 
            perform his duties. In the event that the Secretary of the 
            Senate is absent or is to be absent for reasons other than 
            disability (as provided in this paragraph), and makes a 
            written designation that he is or will be so absent, the 
            Assistant Secretary shall act during such absence

[[Page 295]]

            as the Secretary in carrying out the duties and 
            responsibilities of the office in all matters. The 
            designation may be revoked in writing at any time by the 
            Secretary, and is revoked whenever the Secretary making the 
            designation dies, resigns, or is considered disabled in 
            accordance with this paragraph. (Dec. 15, 1971, Pub. L. 92-
            184, Sec. 401, 85 Stat. 635; amended Aug. 13, 1974, Pub. L. 
            93-371, Sec. 101(1), 88 Stat. 427; July 17, 1984, Pub. L. 
            98-367, Sec. 2, 98 Stat. 474.)
       266
       266  Sec. 65a. Insurance of office funds of Secretary of the 
                Senate and Sergeant at Arms; payment of premiums.
                The Secretary of the Senate and the Sergeant at Arms on 
            and after June 27, 1956, are authorized and directed to 
            protect the funds of their respective offices by purchasing 
            insurance in an amount necessary to protect said funds 
            against loss. Premiums on such insurance shall be paid out 
            of the contingent fund of the Senate, upon vouchers approved 
            by the chairman of the Committee on Rules and 
            Administration. (June 27, 1956, ch. 453, 70 Stat. 360.)
       267
       267  Sec. 65b. Advances to Sergeant at Arms of the Senate for 
                extraordinary expenses.
                The Secretary of the Senate is on and after July 31, 
            1958, authorized, in his discretion, to advance to the 
            Sergeant at Arms of the Senate such sums as may be 
            necessary, not exceeding $4,000, to meet any extraordinary 
            expenses of the Senate. (July 31, 1958, Pub. L. 85-570, 72 
            Stat. 442; Oct. 1, 1976, Pub. L. 94-440, Sec. 108, 90 Stat. 
            1445; May 4, 1977, Pub. L. 95-26, Sec. 104, 91 Stat. 82.)
     267.1
     267.1  Sec. 65c. Expense allowance for the Secretary of the Senate, 
                Sergeant at Arms and Doorkeeper of the Senate, and 
                Secretaries for Senate Majority and Minority.
                (a) Notwithstanding any other provision of law, there is 
            hereby established an account, within the Senate, to be 
            known as the ``Expense Allowance for the Secretary of the 
            Senate, Sergeant at Arms and Doorkeeper of the Senate and 
            Secretaries for the Majority and for the Minority of the 
            Senate'' (hereinafter in this section referred to as the 
            ``Expense Allowance''). For each fiscal year (commencing 
            with the fiscal year ending September 30, 1981) there shall 
            be available for the Expense Allowance an expense allotment 
            not to exceed $3,000 for each of the above specified 
            officers. Amounts paid from the expense allotment of any 
            such officer shall be paid to him only as reimbursement for 
            actual expenses incurred by him and upon certification and 
            documentation by him of such expenses. Amounts paid to any 
            such officer pursuant to this section shall not be reported 
            as income and shall not be allowed as a deduction under 
            title 26.
                (b) For the fiscal year ending September 30, 1981, and 
            the succeeding fiscal year, the Secretary of the Senate 
            shall transfer, for each such year, $8,000 to the Expense 
            Allowance from ``Miscellaneous Items'' in the contingent 
            fund of the Senate. For the fiscal year ending September 30, 
            1983, and for each fiscal year thereafter, there are 
            authorized to be appropriated to the Expense Allowance such 
            funds as may be necessary to carry out the provisions of 
            subsection (a) of this section. (Pub. L. 97-51, Sec. 119, 
            Oct. 1, 1981, 95 Stat. 964; amended Pub. L. 98-63, July 30, 
            1983, 97 Stat. 334; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 
            100 Stat. 2095.)

[[Page 296]]


     267.2
     267.2  Sec. 65d. Funds advanced by the Secretary of the Senate to 
                Sergeant at Arms and Doorkeeper of Senate to defray 
                office expenses; accountability; maximum amount; 
                vouchers.
                From funds available for any fiscal year (commencing 
            with the fiscal year ending September 30, 1984), the 
            Secretary of the Senate shall advance to the Sergeant at 
            Arms and Doorkeeper of the Senate for the purpose of 
            defraying office expenses such sums (for which the Sergeant 
            at Arms and Doorkeeper shall be accountable) not in excess 
            of $1,000 at any one time, as such Sergeant at Arms shall 
            from time to time request; except that the aggregate of the 
            sums so advanced during the fiscal year shall not exceed 
            $10,000.
                In accordance with the provisions of this section, a 
            detailed voucher shall be submitted to the Secretary of the 
            Senate by such Sergeant at Arms whenever necessary, in order 
            to replenish funds expended. (Pub. L. 98-51, Sec. 104, July 
            14, 1983, 97 Stat. 266.)
     267.3
     267.3  Sec. 65f. Funds for Secretary of the Senate to assist in 
                proper discharge within United States of 
                responsibilities to foreign parliamentary groups or 
                other foreign officials.
                (a) On and after July 11, 1987, the Secretary of the 
            Senate is authorized to use any available funds (but not in 
            excess of $50,000 for any fiscal year), out of the 
            appropriation account (within the Contingent Fund of the 
            Senate) for the Secretary of the Senate, to assist him in 
            the proper discharge, within the United States, of his 
            appropriate responsibilities to members of foreign 
            parliamentary groups or other foreign officials.
                (b) The provisions of subsection (a) shall be effective 
            in the case of expenditures for fiscal years ending after 
            September 30, 1986.
                (c) Upon the written request of the Secretary of the 
            Senate, with the approval of the Committee on Appropriations 
            of the Senate, there shall be transferred any amount of 
            funds available under subsection (a) of this section 
            specified in the request, but not to exceed $10,000 in any 
            fiscal year, from the appropriation account (within the 
            contingent fund of the Senate) for expenses of the Office of 
            the Secretary of the Senate to the appropriation account for 
            the expense allowance of the Secretary of the Senate. Any 
            funds so transferred shall be available in like manner and 
            for the same purposes as are other funds in the account to 
            which the funds are transferred. (July 11, 1987, Pub. L. 
            100-71, Sec. 2, Title I, 101 Stat. 423; Pub. L. 102-90, 
            Sec. 4, Aug. 14, 1991, 105 Stat. 450; Pub. L. 105-18, Title 
            II, Sec. 7003(a), June 12, 1997, 111 Stat. 192.)
       268
       268  Sec. 66a. Restriction on payment of dual compensation by 
                Secretary of the Senate.
                Unless otherwise specifically authorized by law, no part 
            of any appropriation disbursed by the Secretary of the 
            Senate shall be available for payment of compensation to any 
            person holding any position, for any period for which such 
            person received compensation for holding any other position, 
            the compensation for which is disbursed by the Secretary of 
            the Senate. (June 27, 1956, ch. 453, 70 Stat. 360.)
            Cross Reference
                See section 5533(c) of title 5, United States Code 
            (Senate Manual section 433.3).

[[Page 297]]


       269
       269  Sec. 67. Clerks to Senators-elect.
                A Senator entitled to receive his own salary may appoint 
            the usual clerical assistants allowed Senators. (June 19, 
            1934, ch. 648, Sec. 1, 48 Stat. 1022.)
       270
       270  Sec. 68. Payments from Senate contingent fund.
                No payment shall be made from the contingent fund of the 
            Senate unless sanctioned by the Committee to Audit and 
            Control the Contingent Expenses [Committee on Rules and 
            Administration] of the Senate. Payments made upon vouchers 
            or abstracts of disbursements of salaries approved by said 
            Committee on Rules and Administration of the Senate, shall 
            be deemed, held, and taken, and are declared to be 
            conclusive upon all the departments and officers of the 
            Government: Provided, That no payment shall be made from 
            said contingent fund as additional salary or compensation to 
            any officer or employee of the Senate. (Oct. 2, 1888, ch. 
            1069, Sec. 1, 25 Stat. 546; Dec. 27, 1974, Pub. L. 93-554, 
            Title I, Ch. III, 88 Stat. 1776; Aug. 20, 1996, Pub. L. 104-
            186, Title I, Sec. 105(c)(2)(A), 110 Stat. 1722.)
     270.1
     270.1  Sec. 68-1. Committee on Rules and Administration; 
                designation of Committee employees to approve vouchers 
                on behalf of Committee.
                The Committee on Rules and Administration may authorize 
            its chairman to designate any employee or employees of such 
            Committee to approve in his behalf, all vouchers making 
            payments from the contingent fund of the Senate, such 
            approval to be deemed and held to be approval by the 
            Committee on Rules and Administration for all intents and 
            purposes. (Nov. 1, 1973, Pub. L. 93-145, Sec. 101, 87 Stat. 
            529; Oct. 1, 1981, Pub. L. 97-51, 95 Stat. 965; Oct 12, 
            1984, Pub. L. 98-473, Sec. 123A(c), 98 Stat. 1970.)
     270.2
     270.2  Sec. 68-2. Appropriations for contingent expenses of Senate; 
                restriction.
                Appropriations made for contingent expenses of the 
            Senate shall not be used for the payment of personal 
            services except upon the express and specific authorization 
            of the Senate in whose behalf such services are rendered. 
            Nor shall such appropriations be used for any expenses not 
            intimately and directly connected with the routine 
            legislative business of the Senate, and the General 
            Accounting Office shall apply the provisions of this section 
            in the settlement of the accounts of expenditures from said 
            appropriations incurred for services or materials. (Feb. 14, 
            1902, ch. 17, Sec. 1, 32 Stat. 26; June 10, 1921, ch. 18, 
            Title III, Sec. 304, 42 Stat. 24; Aug. 20, 1996, Pub. L. 
            104-186, Title II, Sec. 204 (45), 110 Stat. 1737.)
     270.3
     270.3  Sec. 68-3. Separate accounts for ``Secretary of the Senate'' 
                and for ``Sergeant at Arms and Doorkeeper of the 
                Senate''; establishment within Senate contingent fund; 
                inclusion of funds in existing accounts.
                (a) Effective October 1, 1983--
                            (1) there shall be, within the contingent 
                        fund of the Senate, a separate account for the 
                        ``Secretary of the Senate'', and a separate 
                        account for the ``Sergeant at Arms and 
                        Doorkeeper of the Senate'';

[[Page 298]]

                            (2) the account for ``Automobiles and 
                        Maintenance'', within the contingent fund of the 
                        Senate, is abolished, and funds for the 
                        purchase, lease, exchange, maintenance, and 
                        operation of vehicles for the Senate shall be 
                        included in the separate account, established by 
                        paragraph (1), for the ``Sergeant at Arms and 
                        Doorkeeper of the Senate''; and
                            (3) the account for ``Postage Stamps'', 
                        within the contingent fund of the Senate, is 
                        abolished; and funds for special delivery 
                        postage of the Office of the Secretary of the 
                        Senate shall be included in the separate 
                        account, established by paragraph (1) for the 
                        ``Secretary of the Senate''; funds for special 
                        delivery postage of the Sergeant at Arms and 
                        Doorkeeper of the Senate shall be included in 
                        the separate account, established by paragraph 
                        (1), for the ``Sergeant at Arms and Doorkeeper 
                        of the Senate''; and postage stamps for the 
                        Secretaries for the Majority and the Minority 
                        and other offices and officers of the Senate, as 
                        authorized by law, shall be included in the 
                        account for ``Miscellaneous Items'', within the 
                        contingent fund of the Senate.
                (b) Any provision of law which was enacted, or any 
            Senate resolution which was agreed to, prior to October 1, 
            1983, and which authorizes moneys in the contingent fund of 
            the Senate to be expended by or for the use of the Secretary 
            of the Senate, or his office (whether generally or from a 
            specified account within such fund) may on and after October 
            1, 1983, be construed to authorize such moneys to be 
            expended from the separate account, within such fund, 
            established by subsection (a)(1) for the ``Secretary of the 
            Senate''; and any provision of law which was enacted prior 
            to October 1, 1983, and which authorizes moneys in the 
            contingent fund of the Senate to be expended by or for the 
            use of the Sergeant at Arms and Doorkeeper of the Senate, or 
            his office (whether generally or from a specified account 
            within such fund) may on and after October 1, 1983, be 
            construed to authorize such moneys to be expended from the 
            separate account, within such fund, established by 
            subsection (a)(1) for the ``Sergeant at Arms and Doorkeeper 
            of the Senate''. (July 14, 1983, Pub. L. 98-51, Sec. 103, 97 
            Stat. 266.)
     270.4
     270.4  Sec. 68-5. Purchase, lease, exchange, maintenance, and 
                operation of vehicles out of account for Sergeant at 
                Arms and Doorkeeper of the Senate within contingent fund 
                of Senate; authorization of appropriations.
                For each fiscal year (commencing with the fiscal year 
            ending September 30, 1985) there is authorized to be 
            appropriated to the account, within the contingent fund of 
            the Senate, for the Sergeant at Arms and Doorkeeper of the 
            Senate, such funds (which shall be in addition to funds 
            authorized to be so appropriated for other purposes) as may 
            be necessary for the purchase, lease, exchange, maintenance, 
            and operation of vehicles as follows: one for the Vice 
            President, one for the President pro tempore of the Senate, 
            one for the Majority Leader of the Senate, one for the 
            Minority Leader of the Senate, one for Majority Whip of the 
            Senate, one for the Minority Whip of the Senate, one for the 
            attending physician, one as authorized by Senate Resolution 
            90 of the 100th Congress, such number as is needed for 
            carrying mails, and for official use of the offices of the 
            Secretary of the Senate, the Sergeant at Arms and Doorkeeper 
            of the Senate, the Secretary for the Majority, and the 
            Secretary for the Minority, and such additional num

[[Page 299]]

            ber as is otherwise specifically authorized by law. (Aug. 
            15, 1985, Pub. L. 99-88, Title I, Sec. 192, 99 Stat. 349; 
            Dec. 22, 1987, Pub. L. 100-202, Sec. 3(a), 101 Stat. 1329-
            294.)
     270.5
     270.5  Sec. 68-6. Transfers from appropriations accounts for 
                expenses of the Office of the Secretary of the Senate 
                and Office of the Sergeant at Arms and Doorkeeper of the 
                Senate.
                (a) The Secretary of the Senate is authorized, with the 
            approval of the Senate Committee on Appropriations, to 
            transfer, during any fiscal year (1) from the appropriations 
            account, within the contingent fund of the Senate, for 
            expenses of the Office of the Secretary of the Senate, such 
            sums as he shall specify to the Senate appropriations 
            account, appropriated under the headings ``Salaries, 
            Officers and Employees'' and ``Office of the Secretary'' and 
            (2) from the Senate appropriations account, appropriated 
            under the headings, ``Salaries, Officers and Employees'' and 
            ``Office of the Secretary'' to the appropriations account, 
            within the contingent fund of the Senate, for expenses of 
            the Office of the Secretary of the Senate, such sums as he 
            shall specify; and any funds so transferred shall be 
            available in like manner and for the same purposes as are 
            other funds in the account to which the funds are 
            transferred.
                (b) The Sergeant at Arms and Doorkeeper of the Senate is 
            authorized, with the approval of the Senate Committee on 
            Appropriations, to transfer, during any fiscal year, from 
            the appropriations account, within the contingent fund of 
            the Senate, for expenses of the Office of the Sergeant at 
            Arms and Doorkeeper of the Senate, such sums as he shall 
            specify to the appropriations account, appropriated under 
            the headings ``Salaries, Officers and Employees'' and 
            ``Office of the Sergeant at Arms and Doorkeeper''; and any 
            funds so transferred shall be available in like manner and 
            for the same purposes as are other funds in the account to 
            which the funds are transferred. (Dec. 22, 1987, Pub. L. 
            100-202, Sec. 101(i) [Title I, Sec. 8], 101 Stat. 1329-295; 
            Pub. L. 100-458, Title I, Sec. 3, Oct. 1, 1988, 102 Stat. 
            2161, amended Pub. L. 101-302, Title II, Sec. 317, May 25, 
            1990, 104 Stat. 247.)
            Historical and Statutory Notes
                1990 Amendment. Subsec. (a). Pub. L. 101-302 inserted 
            reference to the transfer of sums from the Senate 
            appropriations account, appropriated under the headings 
            ``Salaries, Officers and Employees'' and ``Office of the 
            Secretary'' to the appropriations account, within the 
            contingent fund of the Senate, for expenses of the Office of 
            the Secretary of the Senate.
                Similar Provisions. Similar provisions were contained in 
            the following prior appropriations Acts: Pub. L. 100-202, 
            Sec. 101(i) [Title I, Sec. 8], Dec. 22, 1987, 101 Stat. 
            1329-295.
     270.6
     270.6  Sec. 68-6a. Transfers from appropriations account for 
                expenses of Office of Sergeant at Arms and Doorkeeper of 
                Senate.
                The Sergeant at Arms and Doorkeeper of the Senate is 
            authorized, with the approval of the Senate Committee on 
            Appropriations, to transfer, during any fiscal year, from 
            the appropriations account, appropriated under the headings 
            ``Salaries, Officers and Employees'' and ``Office of the 
            Sergeant at Arms and Doorkeeper'' such sums as he shall 
            specify to the appropriations account, within the contingent 
            fund of the Senate, for expenses of the Office of the 
            Sergeant at Arms and Doorkeeper of the Senate; and any funds 
            so transferred shall be available in like manner and for the 
            same purposes as are other funds in the account

[[Page 300]]

            to which the funds are transferred. (Pub. L. 101-520, Title 
            I, Sec. 5, Nov. 5, 1990, 104 Stat. 2258.)
     270.7
     270.7  Sec. 68-7. Senate Office of Public Records Revolving Fund.
            (a) Establishment
                There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the ``Senate Office of Public Records 
            Revolving Fund'' (hereafter in this section referred to as 
            the ``revolving fund'').
            (b) Source of moneys for deposit in Fund; availability of 
                moneys in Fund
                All moneys received on and after October 1, 1989, by the 
            Senate Office of Public Records from fees and other charges 
            for services shall be deposited to the credit of the 
            revolving fund. Moneys in the revolving fund shall be 
            available without fiscal year limitation for disbursement by 
            the Secretary of the Senate for use in connection with the 
            operation of the Senate Office of Public Records including 
            supplies, equipment, and other expenses.
            (c) Vouchers
                Disbursements from the revolving fund shall be made upon 
            vouchers approved by the Secretary of the Senate.
            (d) Regulations
                The Secretary of the Senate is authorized to prescribe 
            such regulations as may be necessary to carry out the 
            provisions of this section.
            (e) Transfer of moneys into Fund
                To provide capital for the revolving fund, the Secretary 
            of the Senate is authorized to transfer, from moneys 
            appropriated for fiscal year 1990 to the account, 
            ``Miscellaneous Items'' in the contingent fund of the 
            Senate, to the revolving fund such sum as he may determine 
            necessary, not to exceed $30,000. (Pub. L. 101-163, Title I, 
            Sec. 13, Nov. 21, 1989, 103 Stat. 1047.)
       271
       271  Sec. 68a. Materials, supplies, and fuel payments from Senate 
                contingent fund.
                Payments from the contingent fund of the Senate for 
            materials and supplies (including fuel) hereafter purchased 
            through the Administrator of General Services shall be made 
            by check upon vouchers approved by the Committee on Rules 
            and Administration of the Senate. (July 8, 1935, ch. 374, 
            Sec. 1, 49 Stat. 463; Aug. 2, 1946, ch. 753, Sec. 102, 60 
            Stat. 814; June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.)
       272
       272  Sec. 68b. Per diem and subsistence expenses from Senate 
                contingent fund.\1\
                \1\ Pursuant to the authority granted by section 68b the 
                Committee on Rules and Administration issues ``United 
                States Senate Travel Regulations.'' Copies of the 
                regulations currently in effect may be obtained from the 
                Committee.
                No part of the appropriations made under the heading 
            ``Contingent Expenses of the Senate'' hereafter may be 
            expended for per diem and subsistence expenses (as defined 
            in section 5701 of title 5) at rates in excess of the rates 
            prescribed by the Committee on Rules and Admin

[[Page 301]]

            istration; except that (1) higher rates may be established 
            by the Committee on Rules and Administration for travel 
            beyond the limits of the continental United States, and (2) 
            in accordance with regulations prescribed by the Committee 
            on Rules and Administration of the Senate, reimbursement for 
            such expenses may be made on an actual expense basis of not 
            to exceed the daily rate prescribed by the Committee on 
            Rules and Administration in the case of travel within the 
            continental limits of the United States. This paragraph 
            shall not apply with respect to per diem or actual travel 
            expenses incurred by Senators and employees in the office of 
            a Senator which are reimbursed under section 58 of this 
            title. (2 U.S.C. 58). (June 27, 1956, ch. 453, 70 Stat. 360; 
            Aug. 14, 1961, Pub. L. 87-139, Sec. 7, 75 Stat. 340; Nov. 
            10, 1969, Pub. L. 91-114, Sec. 3, 83 Stat. 190; May 19, 
            1975, Pub. L. 94-22, Sec. 8, 89 Stat. 86; Aug. 5, 1977, Pub. 
            L. 95-94, Title I, Sec. 112(e), 91 Stat. 664; Sept. 8, 1978, 
            Pub. L. 95-355, Title I, Sec. 103, 92 Stat. 533; July 8, 
            1980, Pub. L. 96-304, Title I, Sec. 102(b), 94 Stat. 889.)
       273
       273  Sec. 68c. Computation of compensation for stenographic 
                assistance of committees payable from Senate contingent 
                fund.
                Compensation for stenographic assistance of committees 
            paid out of the items under ``Contingent Expenses of the 
            Senate'' hereafter shall be computed at such rates \2\ and 
            in accordance with such regulations as may be prescribed by 
            the Committee on Rules and Administration, notwithstanding, 
            and without regard to any other provision of law. (June 27, 
            1956, ch. 453, 70 Stat. 360.)
                \2\ Pursuant to the authority granted by section 68c the 
                Committee on Rules and Administration issues 
                ``Regulations Governing Rates Payable to Commercial 
                Reporting Firms for Reporting Committee Hearings in the 
                Senate.'' Copies of the regulations currently in effect 
                may be obtained from the Committee.
     273.2
     273.2  Sec. 68e. Advance payments by Secretary of Senate.
                (a) For fiscal year 1998, and each fiscal year 
            thereafter, the Secretary of the Senate is authorized to 
            make advance payments under a contract or other agreement to 
            provide a service or deliver an article for the United 
            States Government without regard to the provisions of 
            section 3324 of title 31.
                (b) An advance payment authorized by subsection (a) 
            shall be made in accordance with regulations issued by the 
            Committee on Rules and Administration of the Senate.
                (c) The authority granted by subsection (a) shall not 
            take effect until regulations are issued pursuant to 
            subsection (b).

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

       274
       274  Sec. 69. Expenses of committees payable from Senate 
                contingent fund.
                When any duty is imposed upon a committee involving 
            expenses that are ordered to be paid out of the contingent 
            fund of the Senate, upon vouchers to be approved by the 
            chairman of the committee charged with such duty, the 
            receipt of such chairman for any sum advanced to him or his 
            order out of said contingent fund by the Secretary of the 
            Senate for committee expenses not involving personal 
            services shall be taken and passed by the accounting 
            officers of the Government as a full and sufficient voucher; 
            but it shall be the duty of such chairman, as soon as 
            practicable, to furnish to the Secretary of the Senate 
            vouchers

[[Page 302]]

            in detail for the expenses so incurred. (June 22, 1949, ch. 
            235, Sec. 101, 63 Stat. 218.)
            Cross Reference
                Payments from contingent fund of Senate not to be made 
            unless sanctioned, the vouchers of which are declared 
            conclusive upon all departments of Government, see section 
            68 of this title (Senate Manual section 270).
     274.4
     274.4  Sec. 69-1. Availability of funds for franked mail expenses.
                Funds in the account, within the contingent fund of the 
            Senate, available for the expenses of inquiries and 
            investigations shall be available for franked mail expenses 
            incurred by committees of the Senate the other expenses of 
            which are paid from that account.

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

     274.5
     274.5  Sec. 69a. Orientation seminars, etc.
                Effective July 1, 1979, there is authorized an expense 
            allowance for the Office of the Secretary of the Senate and 
            the Office of Sergeant at Arms and Doorkeeper of the Senate 
            which shall not exceed $10,000 each fiscal year for each 
            such office. Payments made under this section shall be 
            reimbursements only for actual expenses (including meals and 
            food-related expenses) incurred in the course of conducting 
            orientation seminars for Senators, Senate officials, or 
            members of the staffs of Senators or Senate officials, and 
            other similar meetings, in the Capitol Building or the 
            Senate Office Buildings. Such payments shall be made upon 
            certification and documentation of such expenses by the 
            Secretary and Sergeant at Arms, respectively, and shall be 
            made out of the contingent fund of the Senate upon vouchers 
            signed by the Secretary and the Sergeant at Arms, 
            respectively. Amounts received as reimbursement of such 
            expenses shall not be reported as income, and the expenses 
            so reimbursed shall not be allowed as a deduction, under 
            title 26. (July 25, 1979, Pub. L. 96-38, Title I, 
            Sec. 107(a), 93 Stat. 112; Aug. 15, 1985, Pub. L. 99-88, 
            Sec. 193, 99 Stat. 349; Dec. 22, 1987, Pub. L. 100-202, 
            Sec. 6, 101 Stat. 1329-294; Pub. L. 102-392, Title I, 
            Sec. 3, Oct. 6, 1992, 106 Stat. 1706.)
     274.6
     274.6  Sec. 69b. Senate Leader's Lecture Series.
                (a) There is established the Senate Leader's Lecture 
            Series (hereinafter referred to as the ``lecture series''). 
            Expenses incurred in connection with the lecture series 
            shall be paid from the appropriations account ``Secretary of 
            the Senate'' within the contingent fund of the Senate and 
            shall not exceed $30,000 in any fiscal year.
                (b) Payments for expenses in connection with the lecture 
            series may cover expenses incurred by speakers, including 
            travel, subsistence, and per diem, and the cost of 
            receptions, including food, food related items, and 
            hospitality.
                (c) Payments for expenses of the lecture series shall be 
            made on vouchers approved by the Secretary of the Senate.
                (d) This section is effective on and after October 1, 
            1997.

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

[[Page 303]]


       275
       275  Sec. 72a. Committee staffs--
            (a) Appointment of professional members; number, 
                qualifications; termination of employment
                (Made inapplicable by sec. 2 of S. Res. 274, 96th 
            Congress.)
            (b) Professional members for Committee on Appropriations; 
                examinations of executive agencies' operations
                (Made inapplicable with respect to the Senate by sec. 2 
            of S. Res. 274, 96th Congress.)
            (c) Clerical employees; appointment; number, duties; 
                termination of employment
                (Made inapplicable by sec. 2 of S. Res. 274, 96th 
            Congress.)
            (d) Recordation of committee hearings, data, etc.; access to 
                records
                (Made inapplicable by sec. 2 of S. Res. 274, 96th 
            Congress. For rule on same, see Senate Manual section 
            26.10a.)
            (e) Repealed
            (f) Limitations on appointment of professional members
                (Made inapplicable with respect to the Senate by sec. 2 
            of S. Res. 274, 96th Congress. For rule on same, see Senate 
            Manual section 27.4.)
            (g) Appointments when no vacancy exists; payment from 
                contingent fund of the Senate
                (Made inapplicable by sec. 2 of S. Res. 274, 96th 
            Congress.)
            (h) Salary rates, assignments of facilities and 
                accessibility of committee records for minority staff 
                appointees
                (Made inapplicable by sec. 2 of S. Res. 274, 96th 
            Congress. For rule on same, see Senate Manual section 27.1.)
     275.9
     275.9  (i) Consultants for Senate and House standing committees; 
                procurement of temporary or intermittent services; 
                contracts; advertisement requirements inapplicable; 
                selection method; qualifications report to congressional 
                committees
                (1) Each standing committee of the Senate or House of 
            Representatives is authorized, with the approval of the 
            Committee on Rules and Administration in the case of 
            standing committees of the Senate, or the Committee on House 
            Oversight in the case of standing committees of the House of 
            Representatives, within the limits of funds made available 
            from the contingent fund of the Senate or the applicable 
            accounts of the House of Representatives pursuant to 
            resolutions, which, in the case of the Senate, shall specify 
            the maximum amounts which may be used for such purpose, 
            approved by the appropriate House, to procure the temporary 
            services (not in excess of one year) or intermittent 
            services of individual consultants, or organizations 
            thereof, to make studies or advise the committee with 
            respect to any matter within its jurisdiction or with 
            respect to the administration of the affairs of the 
            committee.
                (2) Such services in the case of individuals or 
            organizations may be procured by contract as independent 
            contractors, or in the case of individuals by employment at 
            daily rates of compensation not in excess of the per diem 
            equivalent of the highest gross rate of compensation

[[Page 304]]

            which may be paid to a regular employee of the committee. 
            Such contracts shall not be subject to the provisions of 
            section 5 of title 41 or any other provision of law 
            requiring advertising.
                (3) With respect to the standing committees of the 
            Senate, any such consultant or organization shall be 
            selected by the chairman and ranking minority member of the 
            committee, acting jointly. With respect to the standing 
            committees of the House of Representatives, the standing 
            committee concerned shall select any such consultant or 
            organization. The committee shall submit to the Committee on 
            Rules and Administration in the case of standing committees 
            of the Senate, and the Committee on House Oversight in the 
            case of standing committees of the House of Representatives, 
            information bearing on the qualifications of each consultant 
            whose services are procured pursuant to this subsection, 
            including organizations, and such information shall be 
            retained by that committee and shall be made available for 
            public inspection upon request.
    275.10
    275.10  (j) Specialized training for professional staffs of Senate 
                and House standing committees, Senate Appropriations 
                Committee, Senate Majority and Minority Policy 
                Committees, and joint committees whose funding is 
                disbursed by the Secretary of the Senate or the Chief 
                Administrative Officer of the House; assistance: pay, 
                tuition, etc. while training; continued employment 
                agreement; service credit: retirement, life insurance 
                and health insurance
                (1) Each standing committee of the Senate or House of 
            Representatives is authorized, with the approval of the 
            Committee on Rules and Administration in the case of 
            standing committees of the Senate, and the committee 
            involved in the case of standing committees of the House of 
            Representatives, and within the limits of funds made 
            available from the contingent fund of the Senate or the 
            applicable accounts of the House of Representatives pursuant 
            to resolutions, which, in the case of the Senate, shall 
            specify the maximum amounts which may be used for such 
            purpose, approved by the appropriate House, to provide 
            assistance for members of its professional staff in 
            obtaining specialized training, whenever that committee 
            determines that such training will aid the committee in the 
            discharge of its responsibilities. Any joint committee of 
            the Congress whose expenses are paid out of funds disbursed 
            by the Secretary of the Senate or by the Chief 
            Administrative Officer of the House, the Committee on 
            Appropriations of the Senate, and the Majority Policy 
            Committee and Minority Policy Committee of the Senate are 
            each authorized to expend, for the purpose of providing 
            assistance in accordance with paragraphs (2), (3), and (4) 
            of this subsection for members of its staff in obtaining 
            such training, any part of amounts appropriated to that 
            committee.
                (2) Such assistance may be in the form of continuance of 
            pay during periods of training or grants of funds to pay 
            tuition, fees, or such other expenses of training, or both, 
            as may be approved by the Committee on Rules and 
            Administration or the Committee on House Administration, as 
            the case may be.
                (3) A committee providing assistance under this 
            subsection shall obtain from any employee receiving such 
            assistance such agreement with respect to continued 
            employment with the committee as the committee

[[Page 305]]

            may deem necessary to assure that it will receive the 
            benefits of such employee's services upon completion of his 
            training.
                (4) During any period for which an employee is separated 
            from employment with a committee for the purpose of 
            undergoing training under this subsection, such employee 
            shall be considered to have performed service (in a nonpay 
            status) as an employee of the committee at the rate of 
            compensation received immediately prior to commencing such 
            training (including any increases in compensation provided 
            by law during the period of training) for the purposes of--
                            (A) subchapter III (relating to civil 
                        service retirement) of chapter 83 of title 5,
                            (B) chapter 87 (relating to Federal 
                        employees group life insurance) of title 5, and
                            (C) chapter 89 (relating to Federal 
                        employees group health insurance) of title 5. 
                        (Aug. 2, 1946, ch. 753, Sec. 202, 60 Stat. 834; 
                        July 30, 1947, ch. 361, Sec. 101, 61 Stat. 611; 
                        Feb. 24, 1949, ch. 8, 63 Stat. 6; Aug. 5, 1955, 
                        ch. 568, Sec. 12, 69 Stat. 509; June 20, 1958, 
                        Pub. L. 85-462, Sec. 4(o), 72 Stat. 209; Oct. 
                        26, 1970, Pub. L. 91-510, Sec. Sec. 301, 303-
                        304, 84 Stat. 1175; Oct. 11, 1971, Pub. L. 92-
                        136, Sec. 5, 85 Stat. 378; Oct. 1, 1988, Pub. L. 
                        100-458, Sec. 312, 102 Stat. 2184 Pub. L. 104-
                        186, Title II, Sec. 204(10-11), Aug. 20, 1996, 
                        110 Stat. 1731; Pub. L. 105-55, Title I, 
                        Sec. 105(a), Oct. 7, 1997, 111 Stat. 1184.)
       277
       277  Sec. 72a-1e. Assistance to Senators with committee 
                memberships by employees in office of Senator.
                (1) A Senator may designate employees in his office to 
            assist him in connection with his membership on committees 
            of the Senate. An employee may be designated with respect to 
            only one committee.
                (2) An employee designated by a Senator under this 
            section shall be certified by him to the chairman and 
            ranking minority member of the committee with respect to 
            which such designation is made. Such employee shall be 
            accorded all privileges of a professional staff member 
            (whether permanent or investigatory) of such committee 
            including access to all committee sessions and files, except 
            that any such committee may restrict access to its sessions 
            to one staff member per Senator at a time and require, if 
            classified material is being handled or discussed, that any 
            staff member possess the appropriate security clearance 
            before being allowed access to such material or to 
            discussion of it. Nothing contained in this paragraph shall 
            be construed to prohibit a committee from adopting policies 
            and practices with respect to the application of this 
            section which are similar to the policies and practices 
            adopted with respect to the application of section 705(c)(1) 
            of Senate Resolution 4, 95th Congress, and section 72a-
            1d(c)(1) of this title.
                (3) A Senator shall notify the chairman and ranking 
            minority member of a committee whenever a designation of an 
            employee under this section with respect to such committee 
            is terminated. (Pub. L. 95-94, Title I, Sec. 111(c), Aug. 5, 
            1977, 91 Stat. 662.)
       278
       278  Sec. 72a-1g. Referral of ethics violations by the Senate 
                Ethics Committee to the General Accounting Office for 
                investigation.
                If the Committee on Ethics of the Senate determines that 
            there is a reasonable basis to believe that a Member, 
            officer, or employee of the Senate may have committed an 
            ethics violation, the committee may

[[Page 306]]

            request the Office of Special Investigations of the General 
            Accounting Office to conduct factfinding and an 
            investigation into the matter. The Office of Special 
            Investigations shall promptly investigate the matter as 
            directed by the committee. (Pub. L. 101-194, Title V, 
            Sec. 501, Nov. 30, 1989, 103 Stat. 1753.)
     278.1
     278.1  Sec. 72d. Committee on Appropriations; discretionary powers.
                (a) The Committee on Appropriations is authorized in its 
            discretion--
                            (1) to hold hearings, report such hearings, 
                        and make investigations as authorized by 
                        paragraph 1 of rule XXVI of the Standing Rules 
                        of the Senate;
                            (2) to make expenditures from the contingent 
                        fund of the Senate;
                            (3) to employ personnel;
                            (4) with the prior consent of the Government 
                        department or agency concerned and the Committee 
                        on Rules and Administration to use, on a 
                        reimbursable or nonreimbursable basis, the 
                        services of personnel of any such department or 
                        agency;
                            (5) to procure the services of individual 
                        consultants, or organizations thereof (as 
                        authorized by section 72a(i) of this title and 
                        Senate Resolution 140, agreed to May 14, 1975); 
                        and
                            (6) to provide for the training of the 
                        professional staff of such committee (under 
                        procedures specified by section 72a(j) of this 
                        title).
                (b) Senate Resolution 54, agreed to February 13, 1997, 
            is amended by striking section 4.
                (c) This section shall be effective on and after October 
            1, 1998, or the date of enactment of this Act (October 21, 
            1998), whichever is later.

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

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

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

[[Page 307]]


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

  

       282
       282  Sec. 88b. Education of other minors who are Senate 
                employees.
                The facilities provided for the education of 
            Congressional and Supreme Court pages shall be available 
            from and after January 2, 1947, also for the education of 
            such other minors who are Senate employees as may be 
            certified by the Secretary of the Senate to receive such 
            education. (Mar. 22, 1947, ch. 20, Title I, 61 Stat. 16; 
            Pub. L. 98-367, Title I, Sec. 103, July 17, 1984, 98 Stat. 
            479; Pub. L. 104-186, Title II, Sec. 204(35), Aug. 20, 1996, 
            110 Stat. 1735.)
       283
       283  Sec. 88b-1. Congressional pages.
            (a) Appointment conditions
                A person shall not be appointed as a page of the Senate 
            or House of Representatives--
                            (1) unless he agrees that, in the absence of 
                        unforeseen circumstances preventing his service 
                        as a page after his appointment, he will 
                        continue to serve as a page for a period 
                        specified in writing at the time of the 
                        appointment; and
                            (2) until complete information in writing is 
                        transmitted to his parent or parents, his legal 
                        guardian, or other appropriate person or persons 
                        acting as his parent or parents, with respect to 
                        the nature of the work of pages, their pay, 
                        their working conditions (including hours and 
                        scheduling of work), and the housing 
                        accommodations available to pages.
            (b) Qualifications
                A person shall not serve as a page--
                            (1) of the Senate before he has attained the 
                        age of fourteen years; or
                            (2) of the House of Representatives before 
                        he has attained the age of sixteen years.

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

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

[[Page 308]]


       284
       284  Sec. 88b-7. Daniel Webster Senate Page Residence Revolving 
                Fund
            (a) Establishment.
                There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the Daniel Webster Senate Page 
            Residence Revolving Fund (hereafter referred to in this 
            section as the ``fund''). The fund shall consist of all 
            rental payments and other moneys collected or received by 
            the Sergeant at Arms with regard to the Daniel Webster 
            Senate Page Residence. All moneys in the fund shall be 
            available without fiscal year limitation for disbursement by 
            the Secretary of the Senate in connection with operation and 
            maintenance of the Daniel Webster Senate Page Residence not 
            normally performed by the Architect of the Capitol. In 
            addition, such moneys may be used by the Sergeant at Arms to 
            purchase food and food related items and fund activities for 
            the pages.
            (b) Deposit of moneys
                All moneys received from rental payments and other 
            moneys (including donated moneys) collected or received by 
            the Sergeant at Arms with regard to the Daniel Webster 
            Senate Page Residence shall be deposited in the fund and 
            shall be available for purposes of this section.
            (c) Vouchers
                Disbursements from the fund shall be made upon vouchers 
            approved by the Sergeant at Arms, or the designee of the 
            Sergeant at Arms.
            (d) Regulations
                The Sergeant at Arms is authorized to prescribe such 
            regulations as may be necessary to carry out the provisions 
            of this section and to provide for the operations of the 
            Daniel Webster Senate Page Residence. (Pub. L. 103-283, 
            Title I, Sec. 4, July 22, 1994, 108 Stat. 1427; Pub. L. 104-
            53, Title I, Sec. 6, Nov. 19, 1995, 109 Stat. 518.)
       285
       285  Sec. 101. Subletting duties of employees of Senate or House 
                of Representatives.
                No employee of Congress, either in the Senate or House, 
            shall sublet to, or hire, another to do or perform any part 
            of the duties or work attached to the position to which he 
            was appointed. (Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 
            771.)
       287
       287  Sec. 102a. Withdrawal of unexpended balances of 
                appropriations.
                Notwithstanding the provisions of any other law, the 
            unexpended balances of appropriations for the fiscal year 
            1955 and succeeding fiscal years which are subject to 
            disbursement by the Secretary of the Senate or the Chief 
            Administrative Officer of the House of Representatives shall 
            be withdrawn as of June 30 of the second fiscal year 
            following the year for which provided, except that the 
            unexpended balances of such appropriations for the period 
            commencing on July 1, 1976, and ending on September 30, 
            1976, and for each fiscal year beginning on or after October 
            1, 1976, shall be withdrawn as of September 30 of the second 
            fiscal year following the period or year for which provided. 
            Unpaid obligations chargeable to any of the balances so 
            withdrawn or appropriations for prior years shall be 
            liquidated from any appropriations for the same general 
            purpose, which, at the time of payment, are available for 
            disbursement. (June 21, 1957, Pub. L. 85-58, 71 Stat.

[[Page 309]]

            190; June 1, 1976, Pub. L. 94-303, Sec. 118, 90 Stat. 615; 
            Pub. L. 104-186, Title II, Sec. 204 (53), Aug. 20, 1996, 110 
            Stat. 1737.)
       288
       288  Sec. 104a. Semiannual statements of expenditures by 
                Secretary of Senate and Chief Administrative Officer of 
                House.
                (1) Commencing with the semiannual period beginning on 
            July 1, 1964, and ending on December 31, 1964, and for each 
            semiannual period thereafter, the Secretary of the Senate 
            and the Chief Administrative Officer of the House of 
            Representatives shall compile, and, not later than sixty 
            days following the close of the semiannual period, submit to 
            the Senate and House of Representatives, respectively, and 
            make available to the public, in lieu of the reports and 
            information required by sections 102, 103, and 104 of this 
            title, and S. Res. 139, Eighty-sixth Congress, a report 
            containing a detailed statement, by items, of the manner in 
            which appropriations and other funds available for 
            disbursement by the Secretary of the Senate or the Chief 
            Administrative Officer of the House of Representatives, as 
            the case may be, have been expended during the semiannual 
            period covered by the report, including (1) the name of 
            every person to whom any part of such appropriation has been 
            paid, (2) if for anything furnished, the quantity and price 
            thereof, (3) if for services rendered, the nature of the 
            services, the time employed, and the name, title, and 
            specific amount paid to each person, and (4) a complete 
            statement of all amounts appropriated, received, or 
            expended, and any unexpended balances. Such reports shall 
            include the information contained in statements of 
            accountability and supporting vouchers submitted to the 
            General Accounting Office pursuant to the provisions of 
            section 3523(a) of title 31. Notwithstanding the foregoing 
            provisions of this section, in any case in which the voucher 
            or vouchers covering payment to any person for attendance as 
            a witness before any committee of the Senate or House of 
            Representatives, or any subcommittee thereof, during any 
            semiannual period, indicate that all appearances of such 
            person covered by such voucher or vouchers were as a witness 
            in executive session of the committee or subcommittee, 
            information regarding such payment, except for date of 
            payment, voucher number, and amount paid, shall not be 
            included in the report compiled pursuant to this subsection 
            for such semiannual period. Any information excluded from a 
            report for any semiannual period by reason of the foregoing 
            sentence shall be included in the report compiled pursuant 
            to this subsection for the succeeding semiannual period. 
            Reports required to be submitted to the Senate and the House 
            of Representatives under this section shall be printed as 
            Senate and House documents, respectively.
                (2) The report by the Secretary of the Senate under 
            paragraph (1) for the semiannual period beginning on January 
            1, 1976, shall include the period beginning on July 1, 1976, 
            and ending on September 30, 1976, and such semiannual period 
            shall be treated as closing on September 30, 1976. 
            Thereafter, the report by the Secretary of the Senate under 
            paragraph (1) shall be for the semiannual periods beginning 
            on October 1, and ending on March 31 and beginning on April 
            1 and ending on September 30 of each year.
                (3) The report requirement relating to quantity, as 
            contained in subparagraph (2) of paragraph (1), does not 
            apply with respect to the Senate.

[[Page 310]]

                (4) Each report by the Secretary of the Senate required 
            by paragraph (1) shall contain a separate summary of Senate 
            accounts statement for each office of the Senate authorized 
            to obligate appropriated funds, including each Senator's 
            office, each officer of the Senate, and each committee of 
            the Senate. The summary of Senate accounts statement shall 
            include--
                            (A) the total amount of appropriations made 
                        available or allocated to the office;
                            (B) any supplemental appropriation, transfer 
                        of funds, or rescission and the effect of such 
                        action on the appropriation or allocation to the 
                        office;
                            (C) total expenses incurred for salary and 
                        office expenses; and
                            (D) the unexpended balance. (Pub. L. 88-454, 
                        Sec. 105(a), Aug. 20, 1964, 78 Stat. 550; Pub. 
                        L. 88-656, Oct. 13, 1964, 78 Stat. 1088; Pub. L. 
                        94-303, Title I, Sec. 118(b)(1), June 1, 1976, 
                        90 Stat. 615; Pub. L. 102-392, Title I, Sec. 6, 
                        Oct. 6, 1992, 106 Stat. 1707; Pub. L. 103-283, 
                        Title I, Sec. 3(a), July 22, 1994, 108 Stat. 
                        1426; Pub. L. 104-186, Title II, Sec. 204(54), 
                        Aug. 20, 1996, 110 Stat. 1738.)
       290
       290  Sec. 105. Preparation and contents of statement of 
                appropriations.
                The statement of all appropriations made during each 
            session of Congress shall be prepared under the direction of 
            the Committees on Appropriations of the Senate and House of 
            Representatives, and said statement shall contain a 
            chronological history of the regular appropriation bills 
            passed during the session for which it is prepared. The 
            statement shall indicate the amount of contracts authorized 
            by the appropriation Acts in addition to appropriations made 
            therein, and shall also contain specific reference to all 
            indefinite appropriations made each session and shall 
            contain such additional information concerning estimates and 
            appropriations as the committees may deem necessary. (Oct. 
            19, 1888, ch. 1210, Sec. 1, 25 Stat. 587; July 19, 1897, ch. 
            9, Sec. 1, 30 Stat. 136; June 7, 1924, ch. 303, Sec. 1, 43 
            Stat. 586.)
       291
       291  Sec. 106. Stationery for Senate; advertisements for.
                The Secretary of the Senate shall annually advertise, 
            once a week for at least four weeks, in one or more of the 
            principal papers published in the District of Columbia, for 
            sealed proposals for supplying the Senate during the next 
            session of Congress with the necessary stationery. The 
            advertisement must describe the kind of stationery required, 
            and must require the proposals to be accompanied with 
            sufficient security for their performance. (R.S. Sec. 65, 
            66; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 316; Pub. L. 
            104-186, Title II, Sec. 204(55), Aug. 20, 1996, 110 Stat. 
            1738.)
       292
       292  Sec. 107. Opening bids for Senate and House stationery; 
                awarding contracts.
                All such proposals shall be kept sealed until the day 
            specified in such advertisement for opening the same, when 
            the same shall be opened in the presence of at least two 
            persons, and the contract shall be given to the lowest 
            bidder, provided he shall give satisfactory security to 
            perform the same, under a forfeiture not exceeding double 
            the contract price in case of failure; and in case the 
            lowest bidder shall fail to enter into such contract and 
            give such security, within a time to be fixed in such 
            advertisement, then the contract shall be given to the next 
            lowest bidder, who shall enter into such contract, and give 
            such

[[Page 311]]

            security. And in case of failure by the person entering into 
            such contract to perform the same, he and his sureties shall 
            be liable for the forfeiture specified in such contract, as 
            liquidated damages, to be sued for in the name of the United 
            States. (R.S. Sec. 67; Feb. 18, 1875, ch. 80, Sec. 1, 18 
            Stat. 316.)
       293
       293  Sec. 108. Contracts for separate parts of stationery.
                Sections 106 and 107 of this title shall not prevent the 
            Secretary from contracting for separate parts of the 
            supplies of stationery required to be furnished. (R.S. 
            Sec. 68, Pub. L. 104-186, Title II, Sec. 204(56), Aug. 20, 
            1996, 110 Stat. 1738.)
            Cross Reference
                See note under section 106 of this title (Senate Manual 
            section 291).
       294
       294  Sec. 109. American goods to be preferred in purchases for 
                Senate and House of Representatives.
                The Secretary of the Senate and the Chief Administrative 
            Officer of the House of Representatives shall, in disbursing 
            the public moneys for the use of the two Houses, 
            respectively, purchase only articles the growth and 
            manufacture of the United States, provided the articles 
            required can be procured of such growth and manufacture upon 
            as good terms as to quality and price as are demanded for 
            like articles of foreign growth and manufacture. (R.S. 
            Sec. 69; Aug. 20, 1996, Pub. L. 104-186, Title II, 
            Sec. 204(57), 110 Stat. 1738.)
       295
       295  Sec. 110. Purchase of paper, envelopes, etc., for stationery 
                rooms of Senate and House of Representatives.
                Paper, envelopes, and blank books required by the 
            stationery rooms of the Senate and House of Representatives 
            for sale to Senators and Members for official use may be 
            purchased from the Public Printer at actual cost thereof and 
            payment therefor shall be made before delivery. (June 5, 
            1920, ch. 253, Sec. 1, 41 Stat. 1036.)
       296
       296  Sec. 111. Purchase of supplies for Senate and House of 
                Representatives.
                Supplies for use of the Senate and the House of 
            Representatives may be purchased in accordance with the 
            schedule of contract articles and prices of the 
            Administrator of General Services. (June 5, 1920, ch. 253, 
            Sec. 1, 41 Stat. 1036; June 10, 1933, Ex. Ord. No. 6166, 
            Sec. 1; June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.)
     296.1
     296.1  Sec. 111a. Receipts from sales of items by Sergeant at Arms 
                and Doorkeeper of Senate, to Senators, etc., to be 
                credited to appropriation from which purchased.
                In any case in which appropriated funds are used by a 
            Senator or a committee or office of the Senate to purchase 
            from the Sergeant at Arms and Doorkeeper of the Senate items 
            which were purchased by him from the appropriation for 
            ``miscellaneous items'' under ``Contingent Expenses of the 
            Senate'' in any appropriation Act, the amounts received by 
            the Sergeant at Arms and Doorkeeper shall be deposited in 
            the Treasury of the United States for credit to such 
            appropriation. This section does not apply to amounts 
            received from the sale of used or

[[Page 312]]

            surplus furniture and equipment. (Pub. L. 96-214, Mar. 24, 
            1980, 94 Stat. 122.)
       297
       297  Sec. 112. Purchases of stationery and materials for folding.
                Purchases of stationery and materials for folding shall 
            be made in accordance with sections 106-109 of this title.
                All contracts and bonds for purchases made under the 
            authority of this section shall be filed with the Committee 
            on Rules and Administration of the Senate. (Mar. 3, 1887, 
            ch. 392, Sec. 1, 24 Stat. 596; Aug. 2, 1946, ch. 753, 
            Secs. 102, 121, 60 Stat. 814, 822; Aug. 20, 1996, Pub. L. 
            104-186, Title II, Sec. 204(58), 110 Stat. 1738.)
       298
       298  Sec. 113. Detailed reports of receipts and expenditures by 
                Secretary of Senate and Chief Administrative Officer of 
                House of Representatives.\1\
                \1\ Superseded by section 105(a) of Pub. L. 88-454, Aug. 
                20, 1964, 78 Stat. 550, as amended. See Senate Manual 
                section 288.
                The Secretary of the Senate and the Chief Administrative 
            Officer of the House of Representatives, respectively, shall 
            report to Congress on the first day of each regular session, 
            and at the expiration of their terms of service, a full and 
            complete statement of all their receipts and expenditures as 
            such officers, showing in detail the items of expense, 
            classifying them under the proper appropriations, and also 
            showing the aggregate thereof, and exhibiting in a clear and 
            concise manner the exact condition of all public moneys by 
            them received, paid out, and remaining in their possession 
            as such officers. (R.S. Sec. 70; Aug. 20, 1996, Pub. L. 104-
            186, Title II Sec. 204(60), 110 Stat. 1738.)
       299
       299  Sec. 114. Fees for copies from Senate journals.
                The Secretary of the Senate is entitled, for 
            transcribing and certifying extracts from the Journal of the 
            Senate or the executive Journal of the Senate when the 
            injunction of secrecy has been removed, except when such 
            transcripts are required by an officer of the United States 
            in a matter relating to the duties of his office, to receive 
            from the persons for whom such transcripts are prepared the 
            sum of 10 cents for each sheet containing one hundred words. 
            (R.S. Sec. 71; Pub. L. 104-186, Title II, Sec. 204(61), Aug. 
            20, 1996, 110 Stat. 1738.)
       300
       300  Sec. 117. Sale of waste paper and condemned furniture.
                It shall be the duty of the Secretary and Sergeant at 
            Arms of the Senate to cause to be sold all waste paper and 
            useless documents and condemned furniture that may 
            accumulate, in their respective departments or offices, 
            under the direction of the Committee on Rules and 
            Administration of the Senate and cover the proceeds thereof 
            into the Treasury. (Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat. 
            337; May 29, 1928, ch. 901, Sec. 1(122), 45 Stat. 995; Pub. 
            L. 104-186, Title II, Sec. 204(62), Aug. 20, 1996, 110 Stat. 
            1739.)
            117b. Disposal of used or surplus furniture and equipment.
                Effective October 1, 1981, the Sergeant at Arms and 
            Doorkeeper of the Senate is authorized to dispose of used or 
            surplus furniture and equipment by trade-in or by sale 
            directly or through the General Services Administration. 
            Receipts from the sale of such furniture and equipment shall 
            be deposited in the United States Treasury for credit to the 
            appro

[[Page 313]]

            priation for ``Miscellaneous Items'' under the heading 
            ``Contingent Expenses of the Senate''. (Oct. 1, 1981, Pub. 
            L. 97-51, Sec. 118, 95 Stat. 964.)
            Sec. 117b-1. Receipts from sale of used or surplus furniture 
                and furnishings of Senate.
                On and after October 1, 1982, receipts from the sale of 
            used or surplus furniture and finishings shall be deposited 
            in the United States Treasury for credit to the 
            appropriation for ``Senate Office Buildings'' under the 
            heading ``Architect of the Capitol.'' (Oct. 2, 1982, Pub. L. 
            97-276, Sec. 101(e), 96 Stat. 1189.)
     300.1
     300.1  Sec. 117b-2. Transfer of excess or surplus educationally 
                useful equipment to public schools.
            (a) Authorization
                The Sergeant at Arms and Doorkeeper of the Senate may 
            directly, or through the General Services Administration, 
            transfer title to excess or surplus educationally useful 
            equipment to a public school. Any such transfer shall be 
            completed at the lowest possible cost to the public school 
            and the Senate.
            (b) Regulations
                The Committee on Rules and Administration of the Senate 
            shall prescribe regulations to carry out the provisions of 
            this section.
            (c) Deposit of receipts
                Receipts from reimbursements for the costs of transfer 
            of excess or surplus educationally useful equipment under 
            this section, shall be deposited in the United States 
            Treasury for credit to the account for the ``Sergeant at 
            Arms and Doorkeeper of the Senate'' within the contingent 
            fund of the Senate.
            (d) Definitions
                For the purposes of this section:
                            (1) The term ``public school'' means a 
                        public elementary or secondary school as such 
                        terms are defined in section 8801 of title 20.
                            (2) The term ``educationally useful 
                        equipment'' means computers and related 
                        peripheral tools, including printers, modems, 
                        routers, servers, computer keyboards, scanners, 
                        and other telecommunications and research 
                        equipment, that are appropriate for use in 
                        public school education.
            (e) Effective date
                This section shall take effect beginning with fiscal 
            year 1997 and shall be effective each fiscal year 
            thereafter. (Pub. L. 104-197, Title I, Sec. 5, Sept. 16, 
            1996, 110 Stat. 2397.)
       301
       301  Sec. 118. Actions against officers for official acts.\1\
                \1\ Rule 69(b) of Federal Rules of Civil Procedure 
                provides as to judgments against public officers.
                In any action brought against any person for or on 
            account of anything done by him while an officer of either 
            House of Congress in the discharge of his official duty, in 
            executing any order of such House, the United

[[Page 314]]

            States attorney for the district within which the action is 
            brought, on being thereto requested by the officer sued, 
            shall enter an appearance in behalf of such officer; and all 
            provisions of the eighth section of the Act of July 28, 
            1866, entitled ``An Act to protect the revenue, and for 
            other purposes'', and also all provisions of the sections of 
            former Acts therein referred to, so far as the same relate 
            to the removal of suits, the withholding of executions, and 
            the paying of judgments against revenue or other officers of 
            the United States, shall become applicable to such action 
            and to all proceedings and matters whatsoever connected 
            therewith, and the defense of such action shall thenceforth 
            be conducted under the supervision and direction of the 
            Attorney General. (Mar. 3, 1875, ch. 130, Sec. 8, 18 Stat. 
            401; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)
     301.5
     301.5  Sec. 118a. Officers of Senate.
                Section 118 of this title shall not apply to officers of 
            the Senate. (Pub. L. 95-521, Title VII, Sec. 714(d), Oct. 
            26, 1978, 92 Stat. 1884.)
       302
       302  Sec. 119. Stationery rooms of House and Senate; 
                specifications of classes of articles purchasable.
                The Committee on House Oversight of the House of 
            Representatives and the Committee on Rules and 
            Administration of the Senate, respectively, shall make and 
            issue regulations specifying the classes of articles which 
            may be purchased by or through the stationery rooms of the 
            House and Senate. (May 13, 1926, ch. 294, Sec. 2, 44 Stat. 
            552; Aug. 2, 1946, ch. 753, Secs. 102, 121, 60 Stat. 814, 
            822; Aug. 20, 1996, Pub. L. 104-186, Title II, Sec. 204(65), 
            110 Stat. 1739.)
       304
       304  Sec. 121. Senate restaurant for deficit fund; deposits of 
                proceeds from surcharge on orders.
                The Committee on Rules and Administration of the United 
            States Senate is authorized and directed hereafter to add a 
            minimum of 10 per centum to each order in excess of 10 cents 
            served in the Senate restaurants and 20 per centum to all 
            orders served outside of said restaurants, and the proceeds 
            accruing therefrom shall be placed in a fund to be used in 
            the payment of any deficit incurred in the management of 
            such kitchens and restaurants. (May 18, 1937, ch. 223, 
            Sec. 1, 50 Stat. 173; Aug. 2, 1946, ch. 753, Sec. 102, 60 
            Stat. 814.)
            Cross Reference
                For jurisdiction over, and management of, Senate 
            restaurants, see section 174j-1 of title 40, United States 
            Code (Senate Manual section 518).
     304.5
     304.5  Sec. 12lb-1. Senate Hair Care Services; personnel; revolving 
                fund.
                (a) The Sergeant at Arms and Doorkeeper of the Senate is 
            authorized to appoint and fix the compensation of such 
            employees as may be necessary to operate Senate Hair Care 
            Services.
                (b) There is established in the Treasury of the United 
            States within the contingent fund of the Senate a revolving 
            fund to be known as the Senate Hair Care Services Revolving 
            Fund (hereafter in this section referred to as the 
            ``revolving fund'').
                (c)(1) All moneys received by Senate Hair Care Services 
            from fees for services or from any other source shall be 
            deposited in the revolving fund.

[[Page 315]]

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

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

     304.7
     304.7  Sec. 121c. Office of Senate Health Promotion.
            (a) Establishment
                The Sergeant at Arms and Doorkeeper of the Senate is 
            authorized to establish an Office of Senate Health 
            Promotion.
            (b) Fees, assessments, and charges
                (1) In carrying out this section, the Sergeant at Arms 
            and Doorkeeper of the Senate is authorized to establish, or 
            provide for the establishment of, exercise classes and other 
            health services and activities on a continuing and regular 
            basis. In providing for such classes, services, and 
            activities, the Sergeant at Arms and Doorkeeper of the 
            Senate is authorized to impose and collect fees, 
            assessments, and other charges to defray the costs involved 
            in promoting the health of Members, officers, and employees 
            of the Senate. For purposes of this section, the term 
            ``employees of the Senate'' shall have such meaning as the 
            Sergeant at Arms, by regulation, may prescribe.
                (2) All fees, assessments, and charges imposed and 
            collected by the Sergeant at Arms pursuant to paragraph (1) 
            shall be deposited in the

[[Page 316]]

            revolving fund established pursuant to subsection (c) of 
            this section and shall be available for purposes of this 
            section.
            (c) Senate Health Promotion Revolving Fund
                There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the Senate Health Promotion Revolving 
            Fund (hereinafter referred to in this section as the 
            ``fund''). The fund shall consist of all amounts collected 
            or received by the Sergeant at Arms and Doorkeeper of the 
            Senate as fees, assessments, and other charges for 
            activities and services to carry out the provisions of this 
            section. All moneys in the fund shall be available without 
            fiscal year limitation for disbursement by the Secretary of 
            the Senate for promoting the health of Members, officers, 
            and employees of the Senate. On or before December 31 of 
            each year, the Secretary of the Senate shall withdraw from 
            the fund and deposit in the Treasury of the United States as 
            miscellaneous receipts all moneys in excess of $5,000 in the 
            fund at the close of the preceding fiscal year.
            (d) Vouchers
                Disbursements from the revolving fund shall be made upon 
            vouchers signed by the Sergeant at Arms and Doorkeeper of 
            the Senate.
            (e) Inapplicability of provisions prohibiting sales, 
                advertisements, or solicitations in Capitol grounds
                The provisions of section 193d of title 40 shall not be 
            applicable to any class, service, or other activity carried 
            out pursuant to the provisions of this section.
            (f) Regulations
                The provisions of this section shall be carried out in 
            accordance with regulations which shall be promulgated by 
            the Sergeant at Arms and Doorkeeper of the Senate and 
            subject to approval at the beginning of each Congress by the 
            Committee on Rules and Administration of the Senate. (Pub. 
            L. 101-163, Title I, Sec. 4, Nov. 21, 1989, 103 Stat. 1044; 
            Pub. L. 102-90, Sec. 2, Aug. 14, 1991, 105 Stat. 450.)
     304.8
     304.8  Sec. 121d. Senate Gift Shop.
            (a) Establishment
                The Secretary of the Senate is authorized to establish a 
            Senate Gift Shop for the purpose of providing for the sale 
            of gift items to Members of the Senate, staff, and the 
            general public.
            (b) Deposit of receipts
                All moneys received from sales and other services by the 
            Senate Gift Shop shall be deposited in the revolving fund 
            established by subsection (c) of this section and shall be 
            available for purposes of this section.
            (c) Revolving fund
                There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the Senate Gift Shop Revolving Fund 
            (hereafter referred to in this section as the ``fund''). The 
            fund shall consist of all amounts collected or received by 
            the Secretary of the Senate from sales and services by the 
            Senate Gift Shop. All moneys in the fund shall be available 
            without fiscal

[[Page 317]]

            year limitation for disbursement by the Secretary of the 
            Senate in connection with the operation of the Senate Gift 
            Shop, including supplies, equipment, and other expenses. In 
            addition, such moneys may be used by the Secretary of the 
            Senate to reimburse the Senate appropriations account, 
            appropriated under the heading ``Salaries, Officers and 
            Employees'' and ``Office of the Secretary'', for amounts 
            used from such account to pay the salaries of employees of 
            the Senate Gift Shop.
            (d) Exception to prohibition of sale or solicitation on 
                Capitol Grounds
                The provisions of section 193d of title 40 shall not be 
            applicable to any activity carried out pursuant to this 
            section.
            (e) Transfer of moneys from Stationery Revolving Fund
                To provide capital for the fund, the Secretary of the 
            Senate is authorized to transfer, from moneys in the 
            Stationery Revolving Fund in the contingent fund of the 
            Senate, to the fund such sum as he may determine necessary, 
            not to exceed $300,000.
            (f) Authorization to expend from appropriations account for 
                initial expenses
                For the purpose of acquiring supplies, equipment, and 
            meeting other initial expenses in implementing subsection 
            (a) of this section, the Secretary of the Senate is 
            authorized, upon October 6, 1992, to expend, from moneys 
            appropriated to the appropriations account, within the 
            contingent fund of the Senate, for expenses of the Secretary 
            of the Senate, by the Legislative Branch Appropriations Act, 
            1991, such amounts as may be necessary to carry out this 
            section.
            (g) Disbursement on approved voucher
                Disbursements from the fund shall be made upon vouchers 
            approved by the Secretary of the Senate, or his designee.
            (h) Regulations
                The Secretary of the Senate is authorized to prescribe 
            such regulations as may be necessary to carry out the 
            provisions of this section. (Pub. L. 102-392, Title I, 
            Sec. 2, Oct. 6, 1992, 106 Stat. 1706.)
     304.9
     304.9  Sec. 121e. Payment of fees for services of Attending 
                Physician and for use of Senate health and fitness 
                facilities.
            (a) Regulations
                The Senate Committee on Rules and Administration shall 
            promulgate regulations--
                            (1) pertaining to the services provided by 
                        the Attending Physician and the operation and 
                        use of the Senate health and fitness facilities; 
                        and
                            (2) requiring the payment of fees for 
                        services received from the Attending Physician 
                        and for the use of the Senate health and fitness 
                        facilities pursuant to such regulations.
            (b) Withholding of fees from salary
                The Secretary of the Senate is authorized to withhold 
            fees from the salary of an individual authorized by such 
            regulations to receive such services from the Attending 
            Physician and to use the Senate health and fitness 
            facilities.

[[Page 318]]

            (c) Deposit in General Fund
                The Secretary of the Senate shall remit all fees 
            required by subsection (a)(2) of this section that are 
            collected pursuant to subsection (b) of this section or by 
            direct payment to the General Fund of the Treasury as 
            miscellaneous receipts unless otherwise provided by law.
            (d) Effective date
                The provision of this section shall take effect on April 
            9, 1992. (Pub. L. 102-392, Title III, Sec. 314, Oct. 6, 
            1992, 106 Stat. 1723.)
       305
       305  Sec. 123b. House Recording Studio; Senate Recording Studio 
                and Senate Photographic Studio.
            (a) Establishment
                There is established the House Recording Studio, the 
            Senate Recording Studio, and the Senate Photographic Studio.
            (b) Assistance in making disk, film, and tape recordings; 
                exclusiveness of use
                The House Recording Studio shall assist Members of the 
            House of Representatives in making disk, film, and tape 
            recordings, and in performing such other functions and 
            duties in connection with the making of such recordings as 
            may be necessary. The Senate Recording Studio and the Senate 
            Photographic Studio shall assist Members of the Senate and 
            committees of the Senate in making disk, film, and tape 
            recordings, and in performing such other functions and 
            duties in connection with the making of such recordings as 
            may be necessary. The House Recording Studio shall be for 
            the exclusive use of Members of the House of Representatives 
            (including the Delegates and the Resident Commissioner from 
            Puerto Rico); the Senate Recording Studio and the Senate 
            Photographic Studio shall be for the exclusive use of 
            Members of the Senate, the Vice President, committees of the 
            Senate, the Secretary of the Senate, and the Sergeant at 
            Arms of the Senate.
            (c) Operation of studios
                The House Recording Studio shall be operated by the 
            Chief Administrative Officer of the House of Representatives 
            under the direction and control of a committee which is 
            created (hereinafter referred to as the committee) composed 
            of three Members of the House. Two members of the committee 
            shall be from the majority party and one member shall be 
            from the minority party, to be appointed by the Speaker. The 
            committee is authorized to issue such rules and regulations 
            relating to operation of the House Recording Studio as it 
            may deem necessary.
                The Senate Recording Studio and the Senate Photographic 
            Studio shall be operated by the Sergeant at Arms of the 
            Senate under the direction and control of the Committee on 
            Rules and Administration of the Senate. The Committee on 
            Rules and Administration is authorized to issue such rules 
            and regulations relating to operation of the Senate 
            Recording Studio and the Senate Photographic Studio as it 
            may deem necessary.
            (d) Prices of disk, film, and tape recordings; collection of 
                moneys
                The Chief Administrative Officer of the House of 
            Representatives shall, subject to the approval of the 
            committee, set the price of making disk, film, and tape 
            recordings, and collect all moneys owed the House Recording 
            Studio. The Committee on Rules and Administration of the 
            Senate

[[Page 319]]

            shall set the price of making disk, film, and tape 
            recordings and all moneys owed the Senate Recording Studio 
            and the Senate Photographic Studio shall be collected by the 
            Sergeant at Arms of the Senate.
            (e) Restrictions on expenditures
                No moneys shall be expended or obligated for the House 
            Recording Studio except as shall be pursuant to such 
            regulations as the committee may approve. No moneys shall be 
            expended or obligated by the Director of the Senate 
            Recording Studio or the Director of the Senate Photographic 
            Studio until approval therefor has been obtained from the 
            Sergeant at Arms of the Senate.
            (f) Appointment of Director and other employees of House 
                Recording Studio
                The Chief Administrative Officer of the House of 
            Representatives is authorized, subject to the approval of 
            the committee, to appoint a Director of the House Recording 
            Studio and such other employees as are deemed necessary to 
            the operation of the House Recording Studio.
            (g) Revolving funds
                There is established in the Treasury of the United 
            States, a revolving fund for the House Recording Studio for 
            the purposes of administering the duties of that studio. 
            There is also established in the Treasury of the United 
            States a revolving fund, within the contingent fund of the 
            Senate, which shall be known as the ``Senate Photographic 
            Studio Revolving Fund'', for the purpose of administering 
            the duties of the Senate Photographic Studio; and there is 
            established in the Treasury of the United States, a 
            revolving fund, within the contingent fund of the Senate, 
            which shall be known as the ``Senate Recording Studio 
            Revolving Fund'', for the purpose of administering the 
            duties of the Senate Recording Studio.
            (h) Deposits in funds; availability of funds
                All moneys received by the House Recording Studio from 
            Members of the House of Representatives for disk, film, or 
            tape recordings, or from any other source, shall be 
            deposited by the Chief Administrative Officer of the House 
            of Representatives in the revolving fund established for the 
            House Recording Studio by subsection (g) of this section; 
            moneys in such fund shall be available for disbursement 
            therefrom by the Chief Administrative Officer of the House 
            of Representatives for the care, maintenance, operation, and 
            other expenses of the studio upon vouchers signed and 
            approved in such manner as the committee shall prescribe. 
            All moneys received by the Senate Recording Studio shall be 
            deposited in the Senate Recording Studio Revolving Fund 
            established by subsection (g) of this section and all funds 
            received by the Senate Photographic Studio shall be 
            deposited in the Senate Photographic Studio Revolving Fund 
            established by such subsection; moneys in the Senate 
            Recording Studio Revolving Fund shall be available for 
            disbursement therefrom upon vouchers signed by the Sergeant 
            at Arms and Doorkeeper of the Senate for the care, 
            maintenance, operation, and other expenses of the Senate 
            Recording Studio, and moneys in the Senate Photographic 
            Studio Revolving Fund shall be available for disbursement 
            therefrom upon vouchers signed by the Sergeant at Arms and 
            Doorkeeper of the Senate for the care, maintenance, 
            operation, and other expenses of the Senate Photographic 
            Studio.

[[Page 320]]

            (i) Distribution of equity of Joint Senate and House 
                Recording Facility Revolving Fund; assignment of 
                existing studio facilities, equipment, materials and 
                supplies; transfer of accounts; reserve fund; 
                distribution of balance
                (1) As soon as practicable after June 27, 1956, but no 
            later than September 30, 1956, the equity of the Joint 
            Senate and House Recording Facility Revolving Fund shall be 
            distributed equally to the Senate and House of 
            Representatives on the basis of an audit to be made by the 
            General Accounting Office.
                (2) The Sergeant at Arms of the Senate and the Clerk of 
            the House of Representatives shall, subject to the approval 
            of the committees mentioned in subsection (c) of this 
            section, determine the assignment of existing studio 
            facilities to the Senate and the House of Representatives, 
            and also the existing equipment, materials and supplies to 
            be transferred to the respective studios. The evaluation of 
            equipment, materials and supplies transferred to each studio 
            shall be on the basis of market value. Any other equipment, 
            materials and supplies determined to be obsolete or not 
            needed for the operation of the respective studio shall be 
            disposed of to the best interest of the Government and the 
            proceeds thereof deposited in the Joint Senate and House 
            Recording Facility Revolving Fund.
                (3) Accounts receivable, which on the effective date of 
            liquidation, are due from Members and committees of the 
            Senate shall be transferred to the Senate Studio, and those 
            due from Members and committees of the House of 
            Representatives shall be transferred to the House Studio.
                (4) A sufficient reserve shall be set aside from the 
            Joint Senate and House Recording Facility Revolving Fund to 
            liquidate any outstanding accounts payable.
                (5) After appropriate adjustments for the value of 
            assets assigned or transferred to the Senate and House of 
            Representatives, respectively, the balance in the Joint 
            Senate and House Recording Facility Revolving Fund shall be 
            distributed equally to the Senate and House of 
            Representatives for deposit to the respective revolving 
            funds authorized by this section.
            (j) Availability of existing services and facilities
                Pending acquisition of the stock, supplies, materials, 
            and equipment necessary to properly equip both studios, the 
            present services and facilities shall be made available to 
            both studios in order that each studio may carry out its 
            duty.
            (k) Restrictions on employment
                No person shall be an officer or employee of the House 
            Recording Studio, Senate Recording Studio, or Senate 
            Photographic Studio while he is engaged in any other 
            business, profession, occupation, or employment which 
            involves the performance of duties which are similar to 
            those which would be performed by him as such an officer or 
            employee of such studio unless approved in writing by the 
            committee in the case of the House Recording Studio and the 
            Senate Committee on Rules and Administration in the case of 
            the Senate Recording Studio and the Senate Photographic 
            Studio.

[[Page 321]]

            (l) Abolition of Joint Recording Facility positions and 
                salaries
                The Joint Recording Facility positions and salaries 
            established pursuant to the Legislative Branch Appropriation 
            Act, 1948, and all subsequent Acts are abolished.
            (m) Repeals
                Effective with the completion of the transfer provided 
            for by subsection (i) of this section the joint resolution 
            entitled ``Joint resolution establishing in the Treasury of 
            the United States a revolving fund within the contingent 
            fund of the House of Representatives'', approved August 7, 
            1953, is repealed.
            (n) Repealed. Pub. L. 92-310, Title II, Sec. 220(j), June 6, 
                1972, 86 Stat. 205
            (o) Authorization of appropriations.
                Such sums as may be necessary to carry out the 
            provisions of this section are authorized to be 
            appropriated. (June 27, 1956, ch. 453, Sec. 105, 70 Stat. 
            370; Pub. L. 88-652, Sec. 16(a), Oct. 13, 1964, 78 Stat. 
            1084; Pub. L. 92-310, Title II, Sec. 220(j), June 6, 1972, 
            86 Stat. 205; Pub. L. 96-304, Title I, Sec. 108(a), July 8, 
            1980, 94 Stat. 890; Pub. L. 97-257, Title I, Sec. 102, Sept. 
            10, 1982, 96 Stat. 849; Pub. L. 101-520, Title I, Sec. 7(a), 
            (c), (d), Nov. 5, 1990, 104 Stat. 2258, 2259; Pub. L. 104-
            186, Title II, Sec. 204(68), Aug. 20, 1996, 110 Stat. 1740.)
    305.17
    305.17  Sec. 123b-1. Senate Recording Studio Senate and Photographic 
                Studio as successors to Senate Recording and 
                Photographic Studios; rules, regulations, and fees for 
                photographs and photographic services.
                (a) The entity, in the Senate, known (prior to Apr. 1, 
            1991) as the `Senate Recording and Photographic Studios' is 
            abolished, and there is established in its stead the 
            following two entities: the `Senate Recording Studio', and 
            the `Senate Photographic Studio'; and there are transferred, 
            from the entity known (prior to Apr. 1, 1991) as the `Senate 
            Recording and Photographic Studios' to the `Senate Recording 
            Studio' all personnel, equipment, supplies, and funds which 
            are available for, relate to, or are utilized in connection 
            with, recording, and to the `Senate Photographic Studio' all 
            personnel, equipment, supplies, and funds which are 
            available for, relate to, or are utilized in connection with 
            photography.
                (b)(1) The Sergeant at Arms and Doorkeeper of the Senate 
            shall, subject to the approval of the majority and minority 
            leaders, promulgate rules and regulations, and establish 
            fees, for provision of photographs and photographic services 
            to be furnished by the Photographic Studio.
                (2) Omitted. (July 8, 1980, Pub. L. 96-304, Title I, 
            Sec. 108, 94 Stat. 890; Pub. L. 101-520, Title I, Sec. 7(d), 
            Nov. 5, 1990, 104 Stat. 2259.)
    305.20
    305.20  Sec. 123c. Data processing equipment, software, & services.
                Notwithstanding any other provision of law, the Sergeant 
            at Arms, subject to the approval of the Committee on Rules 
            and Administration, is hereafter authorized to enter into 
            multi-year contracts for data processing equipment, 
            software, and services. (June 12, 1975, Pub. L. 94-32, Title 
            I, Sec. 101, 89 Stat. 182; May 4, 1977, Pub. L. 95-26, Title 
            I, Sec. 103, 91 Stat. 82.)

[[Page 322]]


  305.20-1
  305.20-1  Sec. 123c-1. Computer programming services, advance 
                payments.
                Notwithstanding any other provision of law, the Sergeant 
            at Arms and Doorkeeper of the Senate, subject to the 
            approval of the Committee on Rules and Administration, is on 
            and after July 6, 1981, authorized to enter into contracts 
            which provide for the making of advance payments for 
            computer programming services. (Pub. L. 97-20, July 6, 1981, 
            95 Stat. 104.)
    305.21
    305.21  Sec. 123d. Senate Computer Center.
            (a) Senate Computer Center Revolving Fund
                (1) There is hereby established in the Treasury of the 
            United States a revolving fund within the contingent fund of 
            the Senate to be known as the Senate Computer Center 
            Revolving Fund (hereafter in this section referred to as the 
            ``revolving fund'').
                (2) The revolving fund shall be available only for 
            paying the salaries of personnel employed under subsection 
            (c) of this section, and agency contributions attributable 
            thereto, and for paying refunds under contracts entered into 
            under subsection (b) of this section.
                (3) Within 90 days after the end of each fiscal year, 
            the Secretary of the Senate shall withdraw all amounts in 
            the revolving fund in excess of $100,000, other than amounts 
            required to make refunds under subsection (b)(2)(B) of this 
            section, and shall deposit the amounts withdrawn in the 
            Treasury of the United States as miscellaneous receipts.
            (b) Contracts for use of Senate computer; approval; terms
                (1) Subject to the provisions of paragraph (2), the 
            Sergeant at Arms and Doorkeeper of the Senate is authorized 
            to enter into contracts with any agency or instrumentality 
            of the legislative branch for the use of any available time 
            on the Senate computer.
                (2) No contract may be entered into under paragraph (1) 
            unless it has been approved by the Committee on Rules and 
            Administration of the Senate, and no such contract may 
            extend beyond the end of the fiscal year in which it is 
            entered into. Each contract entered into under paragraph (1) 
            shall contain--
                            (A) a provision requiring full advance 
                        payment for the amount of time contracted for, 
                        and
                            (B) a provision requiring reftmd of a 
                        proportionate amount of such advance payment if 
                        the total amount of time contracted for is not 
                        used.

            Notwithstanding any other provision of law, any agency or 
            instrumentality of the legislative branch is authorized to 
            make advance payments under a contract entered into under 
            paragraph (1).

            (c) Additional personnel
                To the extent that the personnel of the Senate Computer 
            Center are unable to carry out the contracts entered into 
            under subsection (b) of this section according to their 
            terms and conditions, the Sergeant at Arms and Doorkeeper of 
            the Senate is authorized to employ such additional personnel 
            for the Senate Computer Center as may be necessary to carry 
            out such contracts, and to pay the salaries of such 
            additional personnel, and agency contributions attributable 
            thereto, from the revolving fund. Such additional personnel 
            may temporarily be assigned

[[Page 323]]

            to perform the regular functions of the Senate Computer 
            Center when their services are not needed to carry out such 
            contracts.
            (d) Disbursements
                Disbursements from the revolving fimd under subsections 
            (b) and (c) of this section shall be made upon vouchers 
            signed by the Sergeant at Arms and Doorkeeper of the Senate, 
            except that vouchers shall not be required for the 
            disbursement of salaries of employees paid at an annual 
            rate. (June 1, 1976, Pub. L. 94-303, Title I, Sec. 116, 90 
            Stat. 614.)
    305.22
    305.22  Sec. 123e. Senate legislative information system.
            (a) Development and implementation by Secretary of Senate
                The Secretary of the Senate, with the oversight and 
            approval of the Committee on Rules and Administration of the 
            Senate, shall oversee the development and implementation of 
            a comprehensive Senate legislative information system.
            (b) Cooperative effort
                In carrying out this section, the Secretary of the 
            Senate shall consult and work with officers and employees of 
            the House of Representatives. Legislative branch agencies 
            and departments and agencies of the executive branch shall 
            provide cooperation, consultation, and assistance as 
            requested by the Secretary of the Senate to carry out this 
            section.
            (c) Funding
                Any funds that were appropriated under the heading 
            ``Secretary of the Senate'' for expenses of the Office of 
            the Secretary of the Senate by the Legislative Branch 
            Appropriations Act, 1995, to remain available until 
            September 30, 1998, and that the Secretary determines are 
            not needed for development of a financial management system 
            for the Senate may, with the approval of the Committee on 
            Appropriations of the Senate, be used to carry out the 
            provisions of this section, and such funds shall be 
            available through September 30, 2000.
            (d) Regulations
                The Committee on Rules and Administration of the Senate 
            may prescribe such regulations as may be necessary to carry 
            out the provisions of this section.
            (e) Effective date
                This section shall be effective for fiscal years 
            beginning on or after October 1, 1996. (Pub. L. 104-197, 
            Title I, Sec. 8, Sept. 16, 1996, 110 Stat. 2398.)
       306
       306  Sec. 125a. Death gratuity payments as gifts.
                Any death gratuity payment at any time specifically 
            appropriated by any Act of Congress or at any time made out 
            of the applicable accounts of the House of Representatives 
            or the contingent fund of the Senate shall be held to have 
            been a gift. (June 5, 1952, ch. 369, Ch. I, 66 Stat. 101; 
            Pub. L. 104-186, Title II, Sec. 203(6), Aug. 20, 1996, 110 
            Stat. 1725.)

[[Page 324]]


     307.1
     307.1  Sec. 126-2. Designation of reporters.
                The reporters of debates in the office of the Secretary 
            of the Senate are hereby designated the official reporters 
            of debates of the Senate. (Pub. L. 89-545, Sec. 101, Aug. 
            27, 1966, 80 Stat. 354.)
     307.2
     307.2  Sec. 126b. Substitute reporters of debates and expert 
                transcribers; temporary reporters of debates and expert 
                transcribers; payments from Senate contingent fund.
                The Secretary of the Senate is on and after June 5, 
            1981, authorized to employ, by contract or otherwise, 
            substitute reporters of debates and expert transcribers at 
            daily rates of compensation, or temporary reporters of 
            debates and expert transcribers at annual rates of 
            compensation; no temporary reporters of debates or expert 
            transcribers may be employed under authority of this 
            provision for more than ninety days in any fiscal year; and 
            payments made under authority of this section shall be made 
            from the contingent fund of the Senate upon vouchers 
            approved by the Secretary of the Senate. (Pub. L. 89-90, 
            Sec. 101, July 27, 1965, 79 Stat. 266; June 5, 1981, Pub. L. 
            97-12, Sec. 105, 95 Stat. 61.)
       310
       310  Sec. 130a. Nonpay status for Congressional employees 
                studying under Congressional staff fellowships.
                (a) With respect to each employee of the Senate or House 
            of Representatives 
                            (1) whose compensation is disbursed by the 
                        Secretary of the Senate or the Chief 
                        Administrative Officer of the House of 
                        Representatives, and
                            (2) who, on or after January 1, 1963 shall 
                        have been separated from employment with the 
                        Senate or House of Representatives in order to 
                        pursue certain studies under a congressional 
                        staff fellowship awarded by the American 
                        Political Science Association,

            the period of time covered by such fellowship shall be held 
            and considered to be service (in a nonpay status) in 
            employment with the Senate or House of Representatives, as 
            the case may be, at the rate of compensation received 
            immediately prior to separation (including any increases in 
            compensation provided by law during the period covered by 
            such fellowship) for the purposes of the provisions of law 
            specified in subsection (b) of this section, if the award of 
            such fellowship to such employee is certified to the 
            Secretary of the Senate or the Chief Administrative Officer 
            of the House of Representatives, as appropriate, by the 
            appointing authority concerned or, in the event of the death 
            or disability of such appointing authority, is established 
            to the satisfaction of the Secretary of the Senate or the 
            Chief Administrative Officer of the House of Representatives 
            by records or other evidence.

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

[[Page 325]]


       311
       311  Sec. 130b. Jury and witness service by employees of the 
                Senate and the House.
                (a) For purposes of this section--
                            (1) ``employee'' means any individual whose 
                        pay is disbursed by the Secretary of the Senate 
                        or the Chief Administrative Officer of the House 
                        of Representatives; and
                            (2) ``court of the United States'' has the 
                        meaning given it by section 451 of title 28, and 
                        includes the United States District Court for 
                        the District of the Canal Zone, the District 
                        Court of Guam, and the District Court of the 
                        Virgin Islands.
                (b) The pay of an employee shall not be reduced during a 
            period of absence with respect to which the employee is 
            summoned (and permitted to respond to such summons by the 
            appropriate authority of the House of the Congress 
            disbursing his pay), in connection with a judicial 
            proceeding by a court or authority responsible for the 
            conduct of that proceeding, to serve--
                            (1) as a juror; or
                            (2) other than as provided in subsection (c) 
                        of this section, as a witness on behalf of any 
                        party in connection with any judicial proceeding 
                        to which the United States, the District of 
                        Columbia, or a State or local government is a 
                        party;

            in the District of Columbia, a State, territory, or 
            possession of the United States including the Commonwealth 
            of Puerto Rico, the Canal Zone, or the Trust Territory of 
            the Pacific Islands. For purposes of this subsection, 
            ``judicial proceeding'' means any action, suit, or other 
            judicial proceeding, including any condemnation, 
            preliminary, informational, or other proceeding of a 
            judicial nature, but does not include an administrative 
            proceeding.

                (c) An employee is performing official duty during the 
            period with respect to which he is summoned (and is 
            authorized to respond to such summons by the House of the 
            Congress disbursing his pay), or is assigned by such House, 
            to--
                            (1) testify or produce official records on 
                        behalf of the United States or the District of 
                        Columbia; or
                            (2) testify in his official capacity or 
                        produce official records on behalf of a party 
                        other than the United States or the District of 
                        Columbia.
                (d)(1) An employee may not receive fees for service--
                            (A) as juror in a court of the United States 
                        or the District of Columbia; or
                            (B) as a witness on behalf of the United 
                        States or the District of Columbia.
                (2) If an employee receives an amount (other than travel 
            expenses) for service as a juror or witness during a period 
            in which his pay may not be reduced under subsection (b) of 
            this section, or for which he is performing official duty 
            under subsection (c) of this section, the employee shall 
            remit such amount to the officer who disburses the pay of 
            the employee, which amount shall be covered into the general 
            fund of the Treasury as miscellaneous receipts.
                (e)(1) An employee summoned (and authorized to respond 
            to such summons by the House of the Congress disbursing his 
            pay), or assigned by such House, to testify or produce 
            official records on behalf of the United States is entitled 
            to travel expenses. If the case involves an

[[Page 326]]

            activity in connection with which he is employed, the travel 
            expenses shall be paid from funds otherwise available for 
            the payment of travel expenses of such House in accordance 
            with travel regulations of that House. If the case does not 
            involve such an activity, the department, agency, or 
            independent establishment of the United States on whose 
            behalf he is so testifying or producing records shall pay to 
            the employee his travel expenses out of appropriations 
            otherwise available, and in accordance with regulation 
            applicable, to that department, agency, or independent 
            establishment for the payment of travel expenses.
                (2) An employee summoned (and permitted to respond to 
            such summons by the House of the Congress disbursing his 
            pay), or assigned by such House, to testify in his official 
            capacity or produce official records on behalf of a party 
            other than the United States, is entitled to travel 
            expenses, unless any travel expenses are paid to the 
            employee for his appearance by the court, authority, or 
            party which caused him to be summoned.
                (f) The Committee on Rules and Administration of the 
            Senate and the Committee on House Oversight of the House of 
            Representatives are authorized to prescribe, for employees 
            of their respective Houses, such rules and regulations as 
            may be necessary to carry out the provisions of this 
            section.
                (g) No provision of this section shall be construed to 
            confer the consent of either House of the Congress to the 
            production of official records of that House or to testimony 
            by an employee of the House concerning activities related to 
            his employment. (Dec. 19, 1970, Pub. L. 91-563, Sec. 6, 84 
            Stat. 1478; June 15, 1976, Pub. L. 94-310, Sec. 2, 90 Stat. 
            687; Pub. L. 104-186, Title II, Sec. 204(74), (75), Aug. 20, 
            1996, 110 Stat. 1741.)
       312
       312  Sec. 130c. Waiver by Secretary of the Senate of claims of 
                United States arising out of erroneous payments to Vice 
                President, Senator, or Senate employee paid by the 
                Secretary of the Senate.
            (a) Waiver of claim for erroneous payment of pay or 
                allowances
                A claim of the United States against a person arising 
            out of an erroneous payment of any pay or allowances, other 
            than travel and transportation expenses and allowances, on 
            or after July 25, 1974, to the Vice President, a Senator, or 
            to an officer or employee whose pay is disbursed by the 
            Secretary of the Senate, the collection of which would be 
            against equity and good conscience and not in the best 
            interests of the United States, may be waived in whole or in 
            part by the Secretary of the Senate. An application for 
            waiver shall be investigated by the Financial Clerk of the 
            Senate who shall submit a written report of his 
            investigation to the Secretary of the Senate. An application 
            for waiver of a claim in an amount aggregating more than 
            $1,500 may also be investigated by the Comptroller General 
            of the United States who shall submit a written report of 
            his investigation to the Secretary of the Senate.
            (b) Prohibition of waiver
                The Secretary of the Senate may not exercise his 
            authority under this section to waive any claim--
                            (1) if, in his opinion, there exists, in 
                        connection with the claim, an indication of 
                        fraud, misrepresentation, fault, or lack of good 
                        faith on the part of the Vice President, the 
                        Senator, the officer or em

[[Page 327]]

                        ployee, or any other person having an interest 
                        in obtaining a waiver of the claim; or
                            (2) if the application for waiver is 
                        received in his office after the expiration of 3 
                        years immediately following the date on which 
                        the erroneous payment of pay or allowances was 
                        discovered.
            (c) Credit for waiver
                In the audit and settlement of accounts of any 
            accountable officer or official, full credit shall be given 
            for any amounts with respect to which collection by the 
            United States is waived under this section.
            (d) Effect of waiver
                An erroneous payment, the collection of which is waived 
            under this section, is deemed a valid payment for all 
            purposes.
            (e) Construction with other laws
                This section does not affect any authority under any 
            other law to litigate, settle, compromise, or waive any 
            claim of the United States.
            (f) Rules and regulations
                The Secretary of the Senate shall promulgate rules and 
            regulations to carry out the provisions of this section. 
            (Pub. L. 93-359, Sec. 2, July 25, 1974, 88 Stat. 394; Pub. 
            L. 103-69, Title III, Sec. 315, Aug. 11, 1993, 107 Stat. 
            713; Pub. L. 104-316, Title I, Sec. 102(b), Oct. 19, 1996, 
            110 Stat. 3828.)
       313
       313  Sec. 130e. Special Services Office.
                There is established, as a joint office of Congress, the 
            Special Services Office, which (under the supervision and 
            control of a board, to be known as the Special Services 
            Board, comprised of the Sergeant at Arms of the House of 
            Representatives, the Sergeant at Arms and Doorkeeper of the 
            Senate, and the Architect of the Capitol) shall provide 
            special services to Members of Congress, and to officers, 
            employees, and guests of Congress. (Pub. L. 101-163, Title 
            III, Sec. 310, Nov. 21, 1989, 103 Stat. 1065; Pub. L. 104-
            53, Sec. 112, November 19, 1995, 109 Stat. 525.)
            
                           Chapter 5.--LIBRARY OF CONGRESS

       315
       315  Sec. 131. Collections composing Library; location.
                The Library of Congress, composed of the books, maps, 
            and other publications which on December 1, 1873, remained 
            in existence, from the collections theretofore united under 
            authority of law and those added from time to time by 
            purchase, exchange, donation, reservation from publications 
            ordered by Congress, acquisition of material under the 
            copyright law, and otherwise, shall be preserved in the 
            Library Building. (R.S. Sec. 80; Feb. 19, 1897, ch. 265, 
            Sec. 1, 29 Stat. 545, 546; Oct. 19, 1976, Pub. L. 94-553, 
            Sec. 105(g), 90 Stat. 2599; Dec. 22, 1987, Pub. L. 100-202, 
            Sec. 101(i) [Title III], Sec. 310, 101 Stat. 1329-310.)
       316
       316  Sec. 132. Departments of Library.
                The Library of Congress shall be arranged in two 
            departments, a general library and a law library. (R.S. 
            Sec. 81.)
       317
       317  Sec. 132a. Appropriations for increase of general library.
                The unexpended balance of any sums appropriated by 
            Congress for the increase of the general library, together 
            with such sums as may

[[Page 328]]

            hereafter be appropriated to the same purpose, shall be laid 
            out under the direction of the Joint Committee of Congress 
            on the Library. (R.S. Sec. 82; Feb. 7, 1902, No. 5, 32 Stat. 
            735; Aug. 2, 1946, ch. 753, Sec. 223, 60 Stat. 838.)
            Cross Reference
                Librarian of Congress to make rules and regulations for 
            government of library, see section 136 of this title (Senate 
            Manual section 320).
       318
       318  Sec. 132b. Joint Committee on the Library.
                The Joint Committee of Congress on the Library shall, on 
            and after January 3, 1947, consist of the chairman and four 
            members of the Committee on Rules and Administration of the 
            Senate and the chairman and four members of the Committee on 
            House Oversight of the House of Representatives. (Aug. 2, 
            1946, ch. 753, Sec. 223, 60 Stat. 838; Aug. 20, 1996, Pub. 
            L. 104-186, Title II, Sec. 205, 110 Stat. 1742.)
       319
       319  Sec. 133. Joint Committee during recess of Congress.
                The portion of the Joint Committee of Congress on the 
            Library on the part of the Senate remaining in office as 
            Senators shall during the recess of Congress exercise the 
            powers and discharge the duties conferred by law upon the 
            Joint Committee of Congress on the Library. (Mar. 3, 1883, 
            ch. 141, Sec. 2, 22 Stat. 592; Aug. 2, 1946, ch. 753, 
            Sec. 223, 60 Stat. 838.)
       320
       320  Sec. 136. Librarian of Congress; appointment; rules and 
                regulations.
                The Librarian of Congress shall be appointed by the 
            President, by and with the advice and consent of the Senate. 
            He shall make rules and regulations for the government of 
            the Library. (Feb. 19, 1897, ch. 265, Sec. 1, 29 Stat. 544, 
            546; June 6, 1972, Pub. L. 92-310, Sec. 220(f), 86 Stat. 
            204.)
     320.1
     320.1  Sec. 136a-2. Librarian of Congress and Deputy Librarian of 
                Congress; compensation
                Notwithstanding any other provision of law--
                            (1) the Librarian of Congress shall be 
                        compensated at an annual rate which is equal to 
                        the annual rate of basic pay payable for 
                        positions at level II of the Executive Schedule 
                        under section 5313 of title 5, and
                            (2) the Deputy Librarian of Congress shall 
                        be compensated at an annual rate of pay which is 
                        equal to the annual rate of basic pay payable 
                        for positions at level III of the Executive 
                        Schedule under section 5314 of title 5. (Pub. L. 
                        98-63, Title I, Sec. 904(a), July 30, 1983, 97 
                        Stat. 336; Pub. L. 106-57, Title II, 
                        Sec. 209(a), Sept. 29, 1999, 113 Stat. 424.)
                \1\ So in original. Probably should be section 
                ``129(a)''.
                \2\ So in original. Probably should be section 
                ``129(b)''.
       322
       322  Sec. 138. Law library open, when.
                The law library shall be kept open every day so long as 
            either House of Congress is in session. (July 11, 1888, ch. 
            615, Sec. 1, 25 Stat. 262.)
       323
       323  Sec. 139. Report of Librarian of Congress.
                The Librarian of Congress shall make to Congress not 
            later than April 1, a report for the preceding fiscal year, 
            as to the affairs of the

[[Page 329]]

            Library of Congress, including the copyright business, and 
            said report shall also include a detailed statement of all 
            receipts and expenditures on account of the Library and said 
            copyright business. (Feb. 19, 1897, ch. 265, Sec. 1, 29 
            Stat. 546; April 21, 1976, Pub. L. 94-273, Sec. 30, 90 Stat. 
            380.)
     323.5
     323.5  Sec. 142j. John C. Stennis Center for Public Service 
                Training and Development.
                From and after October 1, 1988, the Library of Congress 
            is authorized to--
                            (1) disburse funds appropriated for the John 
                        C. Stennis Center for Public Service Training 
                        and Development;
                            (2) compute and disburse the basic pay for 
                        all personnel of the John C. Stennis Center for 
                        Public Service Training and Development;
                            (3) provide financial management services 
                        and support to the John C. Stennis Center for 
                        Public Service Training and Development, in the 
                        same manner as provided with respect to the 
                        Office of Technology Assessment under section 
                        142f of this title; and
                            (4) collect from the funds appropriated for 
                        the John C. Stennis Center for Public Service 
                        Training and Development the full costs of 
                        providing the services specified in (1), (2), 
                        and (3) above, as provided under an agreement 
                        for services ordered under sections 1535 and 
                        1536 of title 31. (Pub. L. 101-163, Title II, 
                        Sec. 205, Nov. 21, 1989, 103 Stat. 1060.)
            Cross Reference
                Establishment, purposes, and authority, see Sections 
            1101 through 1110 of Title 2, United States Code (Senate 
            Manual sections 399.50 through 399.59).
       324
       324  Sec. 145. Copies of Journals and Documents.
                Two copies of the Journals and Documents, and of each 
            book printed by either House of Congress, bound as provided 
            in sections 501 and 1123 of title 44, shall be deposited in 
            the Library. (R.S. Sec. 97.)
            Cross References
                Copies of House and Senate documents to be deposited 
            with Library of Congress, see section 701 of title 44, 
            United States Code (Senate Manual section 613 and footnote 
            thereto).
                Distribution of printed copies of Journals of Senate and 
            House of Representatives, see section 713 of title 44, 
            United States Code (Senate Manual section 623).
       325
       325  Sec. 145a. Periodical binding of printed hearings of 
                committee testimony.
                The Librarian of the Library of Congress is authorized 
            and directed to have bound at the end of each session of 
            Congress the printed hearings of testimony taken by each 
            committee of the Congress at the preceding session. (Aug. 2, 
            1946, ch. 753, Sec. 141, 60 Stat. 834.)
       326
       326  Sec. 146. Deposit of Journals of Senate and House.
                Twenty-five copies of the public Journals of the Senate, 
            and of the House of Representatives, shall be deposited in 
            the Library of the United States, at the seat of government, 
            to be delivered to Members of Congress during any session, 
            and to all other persons authorized by law

[[Page 330]]

            to use the books in the Library, upon their application to 
            the Librarian, and giving their responsible receipts for the 
            same, in like manner as for other books. (R.S. Sec. 98.)
       327
       327  Sec. 154. Library of Congress Trust Fund Board; members; 
                quorum; seal; rules and regulations.
                A board is created and established, to be known as the 
            ``Library of Congress Trust Fund Board'' (hereinafter 
            referred to as the board), which shall consist of the 
            Secretary of the Treasury (or an Assistant Secretary 
            designated in writing by the Secretary of the Treasury), the 
            chairman of the Joint Committee on the Library, the 
            Librarian of Congress, two persons appointed by the 
            President for a term of five years each (the first 
            appointments being for three and five years, respectively), 
            four persons appointed by the Speaker of the House of 
            Representatives (in consultation with the minority leader of 
            the House of Representatives) for a term of five years each 
            (the first appointments being for two, three, four, and five 
            years, respectively), and four persons appointed by the 
            majority leader of the Senate (in consultation with the 
            minority leader of the Senate) for a term of five years each 
            (the first appointments being for two, three, four, and five 
            years, respectively). Nine members of the board shall 
            constitute a quorum for the transaction of business, and the 
            board shall have an official seal, which shall be judicially 
            noticed. The board may adopt rules and regulations in regard 
            to its procedure and the conduct of its business. (Mar. 3, 
            1925, ch. 423, Sec. 1, 43 Stat. 1107; May 12, 1978, Pub. L. 
            95-277, 92 Stat. 236; Feb. 18, 1992, Pub. L. 102-246, 
            Sec. Sec. 1, 2, 106 Stat. 31.)
       328
       328  Sec. 156. Gifts, etc., to Library of Congress Trust Fund 
                Board.
                The board is authorized to accept, receive, hold, and 
            administer such gifts, bequests, or devices of property for 
            the benefit of, or in connection with, the Library, its 
            collections, or its service, as may be approved by the board 
            and by the Joint Committee on the Library. (Apr. 13, 1936, 
            ch. 213, 49 Stat. 1205.)
       329
       329  Sec. 157. Funds of Library of Congress Trust Fund Board; 
                management of.
                The moneys or securities composing the trust funds given 
            or bequeathed to the board shall be receipted for by the 
            Secretary of the Treasury, who shall invest, reinvest, or 
            retain investments as the board may from time to time 
            determine. The income as and when collected shall be 
            deposited with the Treasurer of the United States, who shall 
            enter it in a special account to the credit of the Library 
            of Congress and subject to disbursement by the librarian for 
            the purposes in each case specified; and the Treasurer of 
            the United States is authorized to honor the requisitions of 
            the librarian made in such manner and in accordance with 
            such regulations as the Treasurer may from time to time 
            prescribe: Provided, however, That the board is not 
            authorized to engage in any business nor to exercise any 
            voting privilege which may be incidental to securities in 
            its hands, nor shall the board make any investments that 
            could not lawfully be made by a trust company in the 
            District of Columbia, except that it may make any 
            investments directly authorized by the instrument of gift, 
            and may retain any investments accepted by it. (Mar. 3, 
            1925, ch. 423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch. 
            213, 49 Stat. 1205.)

[[Page 331]]


       330
       330  Sec. 158. Deposits by Library of Congress Trust Fund Board 
                with Treasurer of United States.
                In the absence of any specification to the contrary, the 
            board may deposit the principal sum, in cash, with the 
            Treasurer of the United States as a permanent loan to the 
            United States Treasury, and the Treasurer shall thereafter 
            credit such deposit with interest at a rate which is the 
            higher of the rate of 4 percentum per annum or a rate which 
            is 0.25 percentage points less than a rate determined by the 
            Secretary of the Treasury, taking into consideration the 
            current average market yield on outstanding long-term 
            marketable obligations of the United States, adjusted to the 
            nearest one-eighth of 1 percentum, payable semiannually, 
            such interest, as income, being subject to disbursement by 
            the Librarian of Congress for the purposes specified: 
            Provided, however, That the total of such principal sums at 
            any time so held by the Treasurer under this authorization 
            shall not exceed the sum of $10,000,000. (Mar. 3, 1925, ch. 
            423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch. 213, 49 Stat. 
            1205; June 23, 1936, ch. 734, 49 Stat. 1894; July 3, 1962, 
            Pub. L. 87-522, 76 Stat. 135; May 22, 1976, Pub. L. 94-289, 
            90 Stat. 521.)
     330.1
     330.1  Sec. 158a. Temporary possession of gifts of money or 
                securities to Library of Congress; investment.
                In the case of a gift of money or securities offered to 
            the Library of Congress, if, because of conditions attached 
            by the donor or similar considerations, expedited action is 
            necessary, the Librarian of Congress may take temporary 
            possession of the gift, subject to approval under section 
            156 of this title. The gift shall be receipted for and 
            invested, reinvested, or retained as provided in section 157 
            of this title, except that--
                            (1) a gift of securities may not be invested 
                        or reinvested; and
                            (2) any investment or reinvestment of a gift 
                        of money shall be made in an interest bearing 
                        obligation of the United States or an obligation 
                        guaranteed as to principal and interest by the 
                        United States.

            If the gift is not so approved within the 12-month period 
            after the Librarian so takes possession, the principal of 
            the gift shall be returned to the donor and any income 
            earned during that period shall be available for use with 
            respect to the Library of Congress as provided by law. (Mar. 
            3, 1925, ch. 423, Sec. 2(par.), as added Feb. 18, 1992, Pub. 
            L. 102-246, Sec. 3, 106 Stat. 31.)

       331
       331  Sec. 159. Perpetual succession and suits by or against 
                Library of Congress Trust Fund Board.
                The board shall have perpetual succession, with all the 
            usual powers and obligations of a trustee, including the 
            power to sell, except as herein limited, in respect of all 
            property, moneys, or securities which shall be conveyed, 
            transferred, assigned, bequeathed, delivered, or paid over 
            to it for the purposes above specified. The board may be 
            sued in the United States District Court for the District of 
            Columbia, which is given jurisdiction of such suits, for the 
            purpose of enforcing the provisions of any trust accepted by 
            it. (Mar. 3, 1925, ch. 423, Sec. 3, 43 Stat. 1108; Jan. 27, 
            1926, ch. 6, Sec. 1, 44 Stat. 2; June 25, 1936, ch. 804, 49 
            Stat. 1921; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

[[Page 332]]


       332
       332  Sec. 160. Disbursement of gifts, etc., to Library.
                Nothing in sections 154 to 162 and 163 of this title 
            shall be construed as prohibiting or restricting the 
            Librarian of Congress from accepting in the name of the 
            United States gifts or bequests of money for immediate 
            disbursement in the interest of the Library, its 
            collections, or its service. Such gifts or bequests, after 
            acceptance by the librarian, shall be paid by the donor or 
            his representative to the Treasurer of the United States, 
            whose receipts shall be their acquittance. The Treasurer of 
            the United States shall enter them in a special account to 
            the credit of the Library of Congress and subject to 
            disbursement by the Librarian for the purposes in each case 
            specified.
                Upon agreement by the Librarian of Congress and the 
            Board, a gift or bequest accepted by the Librarian under the 
            first paragraph of this section may be invested or 
            reinvested in the same manner as provided for trust funds 
            under section 157 of this title.

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

       333
       333  Sec. 161. Tax exemption of gifts, etc., to Library of 
                Congress.
                Gifts or bequests or devises to or for the benefit of 
            the Library of Congress, including those to the board, and 
            the income therefrom, shall be exempt from all Federal 
            taxes, including all taxes levied by the District of 
            Columbia. (Oct. 2, 1942, ch. 576, 56 Stat. 765.)
       334
       334  Sec. 166. Congressional Research Service.

  

     334.1
     334.1      (a) The Legislative Reference Service in the Library of 
            Congress is hereby continued as a separate department in the 
            Library of Congress and is redesignated the ``Congressional 
            Research Service''.
     334.2
     334.2      (b) It is the policy of Congress that--
                            (1) the Librarian of Congress shall, in 
                        every possible way, encourage, assist, and 
                        promote the Congressional Research Service in--

                                (A) rendering to Congress the most 
                            effective and efficient service,

                                (B) responding most expeditiously, 
                            effectively, and efficiently to the special 
                            needs of Congress, and

                                (C) discharging its responsibilities to 
                            Congress;

                  and
                            (2) the Librarian of Congress shall grant 
                        and accord to the Congressional Research Service 
                        complete research independence and the maximum 
                        practicable administrative independence 
                        consistent with these objectives.
     334.3
     334.3      (c)(1) After consultation with the Joint Committee on 
            the Library, the Librarian of Congress shall appoint the 
            Director of the Congressional Research Service. The basic 
            pay of the Director, shall be at perannum rate equal to the 
            rate of basic pay provided for level III of the Executive 
            Schedule under section 5314 of title 5.
                (2) The Librarian of Congress upon the recommendation of 
            the Director, shall appoint a Deputy Director of the 
            Congressional Research Service and all other necessary 
            personnel thereof. The basic pay of the Deputy Director 
            shall be fixed in accordance with chapter 51 (relating to 
            classification) and subchapter III (relating to General 
            Schedule pay rates) of chapter 53 of title 5, but without 
            regard to section 5108(a) of such title. The basic pay of 
            all other necessary personnel of the

[[Page 333]]

            Congressional Research Service shall be fixed in accordance 
            with chapter 51 (relating to classification) and subchapter 
            III (relating to General Schedule pay rates) of chapter 53 
            of title 5, except that--
                            (A) the grade of Senior Specialist in each 
                        field within the purview of subsection (e) of 
                        this section shall not be less than the highest 
                        grade in the executive branch of the Government 
                        to which research analysts and consultants, 
                        without supervisory responsibility, are 
                        currently assigned; and
                            (B) the positions of Specialist and Senior 
                        Specialist in the Congressional Research Service 
                        may be placed in GS-16, 17, and 18 of the 
                        General Schedule of section 5332 of title 5, 
                        without regard to section 5108(a) of such title, 
                        subject to the prior approval of the Joint 
                        Committee on the Library, of the placement of 
                        each such position in any of such grades.
                (3) Each appointment made under paragraphs (1) and (2) 
            of this subsection and subsection (e) of this section shall 
            be without regard to the civil service laws, without regard 
            to political affiliation, and solely on the basis of fitness 
            to perform the duties of the position.
     334.4
     334.4      (d) It shall be the duty of the Congressional Research 
            Service, without partisan bias--
                            (1) upon request, to advise and assist any 
                        committee of the Senate or House of 
                        Representatives and any joint committee of 
                        Congress in the analysis, appraisal, and 
                        evaluation of legislative proposals within that 
                        committee's jurisdiction, or of recommendations 
                        submitted to Congress, by the President or any 
                        executive agency, so as to assist the committee 
                        in--

                                (A) determining the advisability of 
                            enacting such proposals;

                                (B) estimating the probable results of 
                            such proposals and alternatives thereto; and

                                (C) evaluating alternative methods for 
                            accomplishing those results;

            and, by providing such other research and analytical 
            services as the committee considers appropriate for these 
            purposes, otherwise to assist in furnishing a basis for the 
            proper evaluation and determination of legislative proposals 
            and recommendations generally; and in the performance of 
            this duty the Service shall have authority, when so 
            authorized by a committee and acting as the agent of that 
            committee, to request of any department or agency of the 
            United States the production of such books, records, 
            correspondence, memoranda, papers, and documents as the 
            Service considers necessary, and such department or agency 
            of the United States shall comply with such request; and, 
            further, in the performance of this and any other relevant 
            duty, the Service shall maintain continuous liaison with all 
            committees;

                (2) to make available to each committee of the Senate 
            and House of Representatives and each joint committee of the 
            two Houses, at the opening of a new Congress, a list of 
            programs and activities being carried out under existing law 
            scheduled to terminate during the current Congress, which 
            are within the jurisdiction of the committee;
                (3) to make available to each committee of the Senate 
            and House of Representatives and each joint committee of the 
            two Houses, at the opening of a new Congress, a list of 
            subjects and policy areas which the committee might 
            profitably analyze in depth;

[[Page 334]]

                (4) upon request, or upon its own initiative in 
            anticipation of requests, to collect, classify, and analyze 
            in the form of studies, reports, compilations, digests, 
            bulletins, indexes, translations, and otherwise, data having 
            a bearing on legislation, and to make such data available 
            and serviceable to committees and Members of the Senate and 
            House of Representatives and joint committees of Congress;
                (5) upon request, or upon its own initiative in 
            anticipation of requests, to prepare and provide 
            information, research, and reference materials and services 
            to committees and Members of the Senate and House of 
            Representatives and joint committees of Congress to assist 
            them in their legislative and representative functions;
                (6) to prepare summaries and digests of bills and 
            resolutions of a public general nature introduced in the 
            Senate or House of Representatives;
                (7) upon request made by any committee or Member of the 
            Congress, to prepare and transmit to such committee or 
            Member a concise memorandum with respect to one or more 
            legislative measures upon which hearings by any committee of 
            the Congress have been announced, which memorandum shall 
            contain a statement of the purpose and effect of each such 
            measure, a description of other relevant measures of similar 
            purpose or effect previously introduced in the Congress, and 
            a recitation of all action taken theretofore by or within 
            the Congress with respect to each such other measure; and
                (8) to develop and maintain an information and research 
            capability, to include Senior Specialists, Specialists, 
            other employees, and consultants, as necessary, to perform 
            the functions provided for in this subsection.
     334.5
     334.5      (e) The Librarian of Congress is authorized to appoint 
            in the Congressional Research Service, upon the 
            recommendation of the Director, Specialists and Senior 
            Specialists in the following broad fields:
                            (1) agriculture;
                            (2) American government and public 
                        administration;
                            (3) American public law;
                            (4) conservation;
                            (5) education;
                            (6) engineering and public works;
                            (7) housing;
                            (8) industrial organization and corporation 
                        finance;
                            (9) international affairs;
                            (10) international trade and economic 
                        geography;
                            (11) labor and employment;
                            (12) mineral economics;
                            (13) money and banking;
                            (14) national defense;
                            (15) price economics;
                            (16) science;
                            (17) social welfare;
                            (18) taxation and fiscal policy;
                            (19) technology;
                            (20) transportation and communications;
                            (21) urban affairs;
                            (22) veterans' affairs; and

[[Page 335]]

                            (23) such other broad fields as the Director 
                        may consider appropriate.

            Such Specialists and Senior Specialists, together with such 
            other employees of the Congressional Research Service as may 
            be necessary, shall be available for special work with the 
            committees and Members of the Senate and House of 
            Representatives and the joint committees of Congress for any 
            of the purposes of subsection (d) of this section.

     334.6
     334.6      (f) The Director is authorized--
                            (1) to classify, organize, arrange, group, 
                        and divide, from time to time, as he considers 
                        advisable, the requests for advice, assistance, 
                        and other services submitted to the 
                        Congressional Research Service by committees and 
                        Members of the Senate and House of 
                        Representatives and joint committees of 
                        Congress, into such classes and categories as he 
                        considers necessary to--

                                (A) expedite and facilitate the handling 
                            of the individual requests submitted by 
                            Members of the Senate and House of 
                            Representatives,

                                (B) promote efficiency in the 
                            performance of services for committees of 
                            the Senate and House of Representatives and 
                            joint committees of Congress, and

                                (C) provide a basis for the efficient 
                            performance by the Congressional Research 
                            Service of its legislative research and 
                            related functions generally,

                  and
                            (2) to establish and change, from time to 
                        time, as he considers advisable, within the 
                        Congressional Research Service, such research 
                        and reference divisions or other organizational 
                        units, or both, as he considers necessary to 
                        accomplish the purposes of this section.
     334.7
     334.7      (g) The Director of the Congressional Research Service 
            will submit to the Librarian of Congress for review, 
            consideration, evaluation, and approval, the budget 
            estimates of the Congressional Research Service for 
            inclusion in the Budget of the United States Government.
     334.8
     334.8      (h)(l) The Director of the Congressional Research 
            Service may procure the temporary or intermittent assistance 
            of individual experts or consultants (including stenographic 
            reporters) and of persons learned in particular or 
            specialized fields of knowledge--
                            (A) by nonpersonal service contract, without 
                        regard to any provision of law requiring 
                        advertising for contract bids, with the 
                        individual expert, consultant, or other person 
                        concerned, as an independent contractor, for the 
                        furnishing by him to the Congressional Research 
                        Service of a written study, treatise, theme, 
                        discourse, dissertation, thesis, summary, 
                        advisory opinion, or other end product; or
                            (B) by employment (for a period of not more 
                        than one year) in the Congressional Research 
                        Service of the individual expert, consultant, or 
                        other person concerned, by personal service 
                        contract or otherwise, without regard to the 
                        position classification laws, at a rate of pay 
                        not in excess of the per diem equivalent of the 
                        highest rate of basic pay then currently in 
                        effect for the General Schedule of section 5332 
                        of title 5, including payment of such rate for 
                        necessary travel time.

[[Page 336]]

                (2) The Director of the Congressional Research Service 
            may procure by contract, without regard to any provision of 
            law requiring advertising for contract bids, the temporary 
            (for respective periods not in excess of one year) or 
            intermittent assistance of educational, research, or other 
            organizations of experts and consultants (including 
            stenographic reporters) and of educational, research, and 
            other organizations of persons learned in particular or 
            specialized fields of knowledge.
     334.9
     334.9      (i) The Director of the Congressional Research Service 
            shall prepare and file with the Joint Committee on the 
            Library at the beginning of each regular session of Congress 
            a separate and special report covering, in summary and in 
            detail, all phases of activity of the Congressional Research 
            Service for the immediately preceding fiscal year.
    334.10
    334.10      (j) There are hereby authorized to be appropriated to 
            the Congressional Research Service each fiscal year such 
            sums as may be necessary to carry on the work of the 
            Service. (Aug. 2, 1946, ch. 753, Sec. 203(a)(b), 60 Stat. 
            836; Oct. 28, 1949, ch. 782, Sec. 1106(a), 63 Stat. 972; 
            Oct. 26, 1970, Pub. L. 91-510, Sec. 321, 84 Stat. 1181; as 
            amended Nov. 14, 1985, Pub. L. 99-151, Sec. 104, 99 Stat. 
            802; Dec. 19, 1985, Pub. L. 99-190, Sec. 133, 99 Stat. 1322, 
            Pub. L. 106-57, Title II, Sec. 209(b), Sept. 29, 1999, 113 
            Stat. 424.)
            Note
                The provision under the heading ``Library of Congress'' 
            and the subheadings ``Congressional Research Service'' and 
            ``Salaries and Expenses'' contained in the Joint Resolution 
            entitled ``Joint Resolution making further continuing 
            appropriations for the fiscal year 1988, and for other 
            purposes'', approved December 22, 1987 (101 Stat. 1329-303), 
            provided, in part, that:
                ``. . . Notwithstanding any other provision of law, the 
            compensation for the Director of the Congressional Research 
            Service, Library of Congress, shall be at an annual rate 
            which is equal to the annual rate of basic pay for positions 
            at level IV of the Executive Schedule under section 5315 of 
            title 5, United States Code.''

            
                 Chapter 6.--CONGRESSIONAL AND COMMITTEE PROCEDURE: 
                                   INVESTIGATIONS

       348
       348  Sec. 191. Oaths to witnesses.
                The President of the Senate, the Speaker of the House of 
            Representatives, or a chairman of any joint committee 
            established by a joint or concurrent resolution of the two 
            Houses of Congress, or of a committee of the whole, or of 
            any committee of either House of Congress, is empowered to 
            administer oaths to witnesses in any case under their 
            examination.
                Any Member of either House of Congress may administer 
            oaths to witnesses in any matter depending in either House 
            of Congress of which he is a Member, or any committee 
            thereof. (June 26, 1884, ch. 123, 23 Stat. 60; June 22, 
            1938, ch. 594, 52 Stat. 942, 943.)
       349
       349  Sec. 192. Refusal of witness to testify.
                Every person who having been summoned as a witness by 
            the authority of either House of Congress to give testimony 
            or to produce papers upon any matter under inquiry before 
            either House, or any joint committee established by a joint 
            or concurrent resolution of the two Houses of Congress, or 
            any committee of either House of Congress willfully makes 
            default, or who, having appeared, refuses to answer any 
            question

[[Page 337]]

            pertinent to the question under inquiry, shall be deemed 
            guilty of a misdemeanor, punishable by a fine of not more 
            than $1,000 nor less than $100 and imprisonment in a common 
            jail for not less than one month nor more than twelve 
            months. (June 22, 1938, ch. 594, 52 Stat. 942.)
       350
       350  Sec. 193. Privilege of witnesses.
                No witness is privileged to refuse to testify to any 
            fact, or to produce any paper, respecting which he shall be 
            examined by either House of Congress, or by any joint 
            committee established by a joint or concurrent resolution of 
            the two Houses of Congress, or by any committee of either 
            House, upon the ground that his testimony to such fact or 
            his production of such paper may tend to disgrace him or 
            otherwise render him infamous. (June 22, 1938, ch. 594, 52 
            Stat. 942.)
       351
       351  Sec. 194. Witnesses failing to testify or produce records.
                Whenever a witness summoned as mentioned in section 192 
            of this title fails to appear to testify or fails to produce 
            any books, papers, records, or documents, as required, or 
            whenever any witness so summoned refuses to answer any 
            question pertinent to the subject under inquiry before 
            either House, or any joint committee established by a joint 
            or concurrent resolution of the two Houses of Congress, or 
            any committee or subcommittee of either House of Congress, 
            and the fact of such failure or failures is reported to 
            either House while Congress is in session, or when Congress 
            is not in session, a statement of fact constituting such 
            failure is reported to and filed with the President of the 
            Senate or the Speaker of the House, it shall be the duty of 
            the said President of the Senate or Speaker of the House, as 
            the case may be, to certify, and he shall so certify, the 
            statement of facts aforesaid under the seal of the Senate or 
            House, as the case may be, to the appropriate United States 
            attorney, whose duty it shall be to bring the matter before 
            the grand jury for its action. (June 22, 1938, ch. 594, 52 
            Stat. 942.)
     351.5
     351.5  Sec. 194a. Request by congressional committees to 
                Presidential appointees to Federal departments, 
                agencies, etc., concerned with foreign countries or 
                multilateral organizations for expression of views and 
                opinions.
                Upon the request of a committee of either House of 
            Congress, a joint committee of Congress, or a member of such 
            committee, any officer or employee of the Department of 
            State, the Agency for International Development, or any 
            other department, agency, or independent establishment of 
            the United States Government primarily concerned with 
            matters relating to foreign countries or multilateral 
            organizations, may express his views and opinions, and make 
            recommendations he considers appropriate, if the request of 
            the committee or member of the committee relates to a 
            subject which is within the jurisdiction of that committee. 
            (July 13, 1972, Pub. L. 92-352, Sec. 502, 86 Stat. 496; Oct. 
            18, 1973, Pub. L. 93-126, Sec. 17, 87 Stat. 455, Pub. L. 
            105-277, div G, subdiv. A, Title XII, Sec. 1225(g), Title 
            XIII, Sec. 1335(n), Oct. 21, 1998, 112 Stat. 2681-775, 2681-
            789.)

[[Page 338]]


     351.6
     351.6  Sec. 194b. Omitted.

  

       352
       352  Sec. 195a. Restriction on payment of witness fees or travel 
                and subsistence expenses to persons subpenaed by 
                Congressional committees.
                No part of any appropriation disbursed by the Secretary 
            of the Senate shall be available on or after July 12, 1960, 
            hereafter for the payment to any person, at the time of the 
            service upon him of a subpena requiring his attendance at 
            any inquiry or hearing conducted by any committee of the 
            Congress or of the Senate or any subcommittee of any such 
            committee, of any witness fee or any sum of money as an 
            advance payment of any travel or subsistence expense which 
            may be incurred by such person in responding to that 
            subpena. (July 12, 1960, Pub. L. 86-628, 74 Stat. 449.)
     352.5
     352.5  Sec. 195b. Fees for witnesses requested to appear before 
                Majority Policy Committee or Minority Policy Committee.
                Any witness requested to appear before the Majority 
            Policy Committee or the Minority Policy Committee shall be 
            entitled to a witness fee for each full day spent in 
            traveling to and from the place at which he is to appear, 
            and reimbursement of actual and necessary transportation 
            expenses incurred in traveling to and from that place, at 
            rates not to exceed those rates paid witnesses appearing 
            before committees of the Senate. (Aug. 13, 1974, Pub. L. 93-
            371, Sec. 101(7), 88 Stat. 431.)
       353
       353  Sec. 196. Senate resolutions for investigations; limit of 
                cost.
                Senate resolutions providing for inquiries and 
            investigations shall contain a limit of cost of such 
            investigation, which limit shall not be exceeded except by 
            vote of the Senate authorizing additional amounts. (Mar. 3, 
            1926, ch. 44, Sec. 1, 44 Stat. 162.)
       354
       354  Sec. 198. Adjournment.
                (a) Unless otherwise provided by the Congress the two 
            Houses shall--
                            (1) adjourn sine die not later than July 31 
                        of each year; or
                            (2) in the case of an odd-numbered year, 
                        provide, not later than July 31 of such year, by 
                        concurrent resolution adopted in each House by 
                        rollcall vote, for the adjournment of the two 
                        Houses from that Friday in August which occurs 
                        at least thirty days before the first Monday in 
                        September (Labor Day) of such year to the second 
                        day after Labor Day.
                (b) This section shall not be applicable in any year if 
            on July 31 of such year a state of war exists pursuant to a 
            declaration of war by the Congress. (Aug. 2, 1946, ch. 753, 
            Sec. 132, 60 Stat. 831; Oct. 26, 1970, Pub. L. 91-510, 
            Sec. 461, 84 Stat. 1193.)
       373
       373  Secs. 261-270 Repealed.
                For provisions relating to disclosure of lobbying 
            activities to influence Federal Government, see section 1601 
            et seq. of Title 2, United States Code.
            
                      Chapter 9.--OFFICE OF LEGISLATIVE COUNSEL

       390
       390  Sec. 271. Establishment.
                There shall be in the Senate an office to be known as 
            the Office of the Legislative Counsel, and to be under the 
            direction of the Legisla

[[Page 339]]

            tive Counsel of the Senate. (Feb. 24, 1919, ch. 18, 
            Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, 
            Sec. 1101, 43 Stat. 353.)
       391
       391  Sec. 272. Legislative Counsel.
                The Legislative Counsel shall be appointed by the 
            President pro tempore of the Senate, without reference to 
            political affiliations and solely on the ground of fitness 
            to perform the duties of the office. (Feb. 24, 1919, ch. 18, 
            Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, 
            Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, Title VI, 
            Sec. 602, 55 Stat. 726.)
       392
       392  Sec. 273. Compensation.
                The Legislative Counsel of the Senate shall be paid at 
            an annual rate of compensation of $40,000. (Feb. 24, 1919, 
            ch. 18, Sec. 1303(d), as added June 2, 1924, ch. 234, 
            Sec. 1101, 43 Stat. 353, and amended June 18, 1940, ch. 396, 
            Sec. 1, 54 Stat. 472; Sept. 20, 1941, ch. 412, Title VI, 
            Sec. 602, 55 Stat. 726; Oct. 15, 1949, ch. 695, Sec. 6(c), 
            63 Stat. 881; Aug. 5, 1955, ch. 568, Sec. Sec. 9, 101, 69 
            Stat. 509, 514; July 1, 1957, Pub. L. 85-75, Sec. 101, 71 
            Stat. 250; Aug. 14, 1964, Pub. L. 88-426, Title II, 
            Sec. 203(g), 78 Stat. 415; Aug. 13, 1974, Pub. L. 93-371, 
            Sec. 101(4), 88 Stat. 429; July 25, 1975, Pub. L. 94-59, 
            Title I, Sec. 105, 89 Stat. 275.)
       393
       393  Sec. 274. Staff, office equipment and supplies.
                The Legislative Counsel shall, subject to the approval 
            of the President pro tempore of the Senate, employ and fix 
            the compensation of such Assistant Counsel, clerks, and 
            other employees, and purchase such furniture, office 
            equipment, books, stationery, and other supplies, as may be 
            necessary for the proper performance of the duties of the 
            Office and as may be appropriated for by Congress. (Feb. 24, 
            1919, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2, 
            1924, ch. 234, Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch. 
            412, Title VI, Sec. 602, 55 Stat. 726.)
       394
       394  Sec. 275. Functions.
                The Office of the Legislative Counsel shall aid in 
            drafting public bills and resolutions or amendments thereto 
            on the request of any committee of the Senate, but the 
            Committee on Rules and Administration of the Senate, may 
            determine the preference, if any, to be given to such 
            requests of the committees of the Senate. The Legislative 
            Counsel shall, from time to time, prescribe rules and 
            regulations for the conduct of the work of the Office for 
            the committees of the Senate, subject to the approval of 
            such Committee on Rules and Administration. (Feb. 24, 1919, 
            ch. 18, Sec. 1303(b), (d), 40 Stat. 1141; June 2, 1924, ch. 
            234, Sec. 1101, 43 Stat. 353; Aug. 2, 1946, ch. 753, Title 
            I, Sec. Sec. 102, 121, 60 Stat. 814, 822.)
       395
       395  Sec. 276. Disbursement of appropriations.
                All appropriations for the Office of the Legislative 
            Counsel shall be disbursed by the Secretary of the Senate. 
            (Feb. 24, 1919, ch. 18, Sec. 1303(c), (d), 40 Stat. 1141; 
            June 2, 1924, ch. 234, Sec. 1101, 43 Stat. 353.)
     395.1
     395.1  Sec. 276a. Expenditures.
                With the approval of the President pro tempore of the 
            Senate, the Legislative Counsel of the Senate may make such 
            expenditures as may be necessary or appropriate for the 
            functioning of the Office of the

[[Page 340]]

            Legislative Counsel of the Senate. (July 14, 1983, Pub. L. 
            98-51, Sec. 106, 97 Stat. 267.)
     395.2
     395.2  Sec. 276b. Travel and related expenses.
                Funds expended by the Legislative Counsel of the Senate 
            for travel and related expenses shall be subject to the same 
            regulations and limitations (insofar as they are applicable) 
            as those which the Senate Committee on Rules and 
            Administration prescribes for application to travel and 
            related expenses for which payment is authorized to be made 
            from the contingent fund of the Senate. (July 14, 1983, Pub. 
            L. 98-51, Sec. 106, 97 Stat. 267.)
            
                     Chapter 9D.--OFFICE OF SENATE LEGAL COUNSEL

       396
       396  Sec. 288. Office of Senate Legal Counsel.

  

     396.1
     396.1  (a) Establishment; appointment of Counsel and Deputy 
                Counsel; Senate approval; reappointment; compensation
                (1) There is established, as an office of the Senate, 
            the Office of Senate Legal Counsel (hereinafter referred to 
            as the ``Office''), which shall be headed by a Senate Legal 
            Counsel (hereinafter referred to as the ``Counsel''); and 
            there shall be a Deputy Senate Legal Counsel (hereinafter 
            referred to as the ``Deputy Counsel'') who shall perform 
            such duties as may be assigned to him by the Counsel and 
            who, during any absence, disability, or vacancy in the 
            position of the Counsel, shall serve as Acting Senate Legal 
            Counsel.
                (2) The Counsel and the Deputy Counsel each shall be 
            appointed by the President pro tempore of the Senate from 
            among recommendations submitted by the majority and minority 
            leaders of the Senate. Any appointment made under this 
            paragraph shall be made without regard to political 
            affiliation and solely on the basis of fitness to perform 
            the duties of the position. Any person appointed as Counsel 
            or Deputy Counsel shall be learned in the law, a member of 
            the bar of a State or the District of Columbia, and shall 
            not engage in any other business, vocation, or employment 
            during the term of such appointment.
                (3)(A) Any appointment made under paragraph (2) shall 
            become effective upon approval by resolution of the Senate. 
            The Counsel and the Deputy Counsel shall each be appointed 
            for a term of service which shall expire at the end of the 
            Congress following the Congress during which the Counsel or 
            Deputy Counsel, respectively, is appointed except that the 
            Senate may, by resolution, remove either the Counsel or the 
            Deputy Counsel prior to the termination of any term of 
            service. The Counsel and the Deputy Counsel may be 
            reappointed at the termination of any term of service.
                (B) The first Counsel and the first Deputy Counsel shall 
            be appointed, approved, and begin service within ninety days 
            after January 3, 1979, and thereafter the Counsel and Deputy 
            Counsel shall be appointed, approved, and begin service 
            within thirty days after the beginning of the session of the 
            Congress immediately following the termination of a 
            Counsel's or Deputy Counsel's term of service or within 
            sixty days after a vacancy occurs in either position.
                (4) The Counsel shall receive compensation at a rate 
            equal to the annual rate of basic pay for level III of the 
            Executive Schedule under section 5314 of title 5. The Deputy 
            Counsel shall receive compensation

[[Page 341]]

            at a rate equal to the annual rate of basic pay for level IV 
            of the Executive Schedule under section 5315 of title 5.
     396.2
     396.2  (b) Assistant counsels and other personnel; compensation; 
                appointment; removal
                (1) The Counsel shall select and fix the compensation of 
            such Assistant Senate Legal Counsels (hereinafter referred 
            to as ``Assistant Counsels'') and of such other personnel, 
            within the limits of available funds, as may be necessary to 
            carry out the provisions of this chapter and may prescribe 
            the duties and responsibilities of such personnel. The 
            compensation fixed for each Assistant Counsel shall not be 
            in excess of a rate equal to the annual rate of basic pay 
            for level V of the Executive Schedule under section 5316 of 
            title 5. Any selection made under this paragraph shall be 
            made without regard to political affiliation and solely on 
            the basis of fitness to perform the duties of the position. 
            Any individual selected as an Assistant Counsel shall be 
            learned in the law, a member of the bar of a State or the 
            District of Columbia, and shall not engage in any other 
            business, vocation, or employment during his term of 
            service. The Counsel may remove any individual appointed 
            under this paragraph.
                (2) For purposes of pay (other than the rate of pay of 
            the Counsel and Deputy Counsel) and employment benefits, 
            right, and privileges, all personnel of the Office shall be 
            treated as employees of the Senate.
     396.3
     396.3  (c) Consultants
                In carrying out the functions of the Office, the Counsel 
            may procure the temporary (not to exceed one year) or 
            intermittent services of individual consultants (including 
            outside counsel), or organizations thereof, in the same 
            manner and under the same conditions as a standing committee 
            of the Senate may procure such services under section 72a(i) 
            of this title.
     396.4
     396.4  (d) Policies and procedures
                The Counsel may establish such policies and procedures 
            as may be necessary to carry out the provisions of this 
            chapter.
     396.5
     396.5  (e) Delegation of duties
                The Counsel may delegate authority for the performance 
            of any function imposed by this chapter except any function 
            imposed upon the Counsel under section 288e(b) of this 
            title.
     396.6
     396.6  (f) Attorney-client relationship
                The Counsel and other employees of the Office shall 
            maintain the attorney-client relationship with respect to 
            all communications between them and any Member, officer, or 
            employee of the Senate. (Oct. 26, 1978, Pub. L. 95-521, 
            Title VII, Sec. 701, 92 Stat. 1875.)
     396.7
     396.7  Sec. 288a. Senate Joint Leadership Group.

  

   396.7-1
   396.7-1  (a) Accountability of office
                The Office shall be directly accountable to the Joint 
            Leadership Group in the performance of the duties of the 
            Office.
   396.7-2
   396.7-2  (b) Membership
                For purposes of this chapter, the Joint Leadership Group 
            shall consist of the following Members:

[[Page 342]]

                            (1) The President pro tempore (or if he so 
                        designates, the Deputy President pro tempore) of 
                        the Senate.
                            (2) The majority and minority leaders of the 
                        Senate.
                            (3) The chairman and ranking minority member 
                        of the Committee on the Judiciary of the Senate.
                            (4) The chairman and ranking minority member 
                        of the committee of the Senate which has 
                        jurisdiction over the contingent fund of the 
                        Senate.
   396.7-3
   396.7-3  (c) Assistance of Secretary of Senate
                (c) The Joint Leadership Group shall be assisted in the 
            performance of its duties by the Secretary of the Senate. 
            (Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 702, 92 
            Stat. 1877.)
     396.8
     396.8  Sec. 288b. Requirements for authorizing representation 
                activity.

  

   396.8-1
   396.8-1  (a) Direction of Joint Leadership Group or Senate resolution
                The Counsel shall defend the Senate or a committee, 
            subcommittee, Member, officer, or employee of the Senate 
            under section 288c of this title only when directed to do so 
            by two-thirds of the Members of the Joint Leadership Group 
            or by the adoption of a resolution by the Senate.
   396.8-2
   396.8-2  (b) Civil action to enforce subpena
                The Counsel shall bring a civil action to enforce a 
            subpena of the Senate or a committee or subcommittee of the 
            Senate under section 288d of this title only when directed 
            to do so by the adoption of a resolution by the Senate.
   396.8-3
   396.8-3  (c) Intervention or appearance
                The Counsel shall intervene or appear as amicus curiae 
            under section 288e of this title only when directed to do so 
            by a resolution adopted by the Senate when such intervention 
            or appearance is to be made in the name of the Senate or in 
            the name of an officer, committee, subcommittee, or chairman 
            of a committee or subcommittee of the Senate.
   396.8-4
   396.8-4  (d) Immunity proceedings
                The Counsel shall serve as the duly authorized 
            representative in obtaining an order granting immunity under 
            section 288f of this title of--
                            (1) the Senate when directed to do so by an 
                        affirmative vote of a majority of the Members 
                        present of the Senate; or
                            (2) a committee or subcommittee of the 
                        Senate when directed to do so by an affirmative 
                        vote of two-thirds of the members of the full 
                        committee.
   396.8-5
   396.8-5  (e) Resolution recommendations
                (e) The Office shall make no recommendation with respect 
            to the consideration of a resolution under this section. 
            (Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 703, 92 
            Stat. 1877.)
     396.9
     396.9  Sec. 288c. Defending the Senate, committee, subcommittee, 
                member, officer, or employee of the Senate.
                (a) Except as otherwise provided in subsection (b) of 
            this section, when directed to do so pursuant to section 
            288b(a) of this title, the Counsel shall--

[[Page 343]]

                            (1) defend the Senate, a committee, 
                        subcommittee, Member, officer, or employee of 
                        the Senate in any civil action pending in any 
                        court of the United States or of a State or 
                        political subdivision thereof, in which the 
                        Senate, such committee, subcommittee, Member, 
                        officer, or employee is made a party defendant 
                        and in which there is placed in issue the 
                        validity of any proceeding of, or action, 
                        including issuance of any subpena or order, 
                        taken by the Senate, or such committee, 
                        subcommittee, Member, officer, or employee in 
                        its or his official or representative capacity; 
                        or
                            (2) defend the Senate or a committee, 
                        subcommittee, Member, officer, or employee of 
                        the Senate in any proceeding with respect to any 
                        subpena or order directed to the Senate or such 
                        committee, subcommittee, Member, officer, or 
                        employee in its or his official or 
                        representative capacity.
                (b) Representation of a Member, officer, or employee 
            under subsection (a) of this section shall be undertaken by 
            the Counsel only upon the consent of such Member, officer, 
            or employee. (Oct. 26, 1978, Pub. L. 95-521, Title VII, 
            Sec. 704, 92 Stat. 1877.)
    396.10
    396.10  Sec. 288d. Enforcement of Senate subpena or order.

  

  396.10-1
  396.10-1  (a) Institution of civil actions
                When directed to do so pursuant to section 288b(b) of 
            this title, the Counsel shall bring a civil action under any 
            statute conferring jurisdiction on any court of the United 
            States (including section 1365 of title 28), to enforce, to 
            secure a declaratory judgment concerning the validity of, or 
            to prevent a threatened failure or refusal to comply with, 
            any subpena or order issued by the Senate or a committee or 
            a subcommittee of the Senate authorized to issue a subpena 
            or order.
  396.10-2
  396.10-2  (b) Actions in name of committees and subcommittees
                Any directive to the Counsel to bring a civil action 
            pursuant to subsection (a) of this section in the name of a 
            committee or subcommittee of the Senate shall, for such 
            committee or subcommittee, constitute authorization to bring 
            such action within the meaning of any statute conferring 
            jurisdiction on any court of the United States.
  396.10-3
  396.10-3  (c) Consideration of resolutions authorizing actions
                It shall not be in order in the Senate to consider a 
            resolution to direct the Counsel to bring a civil action 
            pursuant to subsection (a) of this section in the name of a 
            committee or subcommittee unless--
                            (1) such resolution is reported by a 
                        majority of the members voting, a majority being 
                        present, of such committee or committee of which 
                        such subcommittee is a subcommittee, and
                            (2) the report filed by such committee or 
                        committee of which such subcommittee is a 
                        subcommittee contains a statement of--

                                (A) the procedure followed in issuing 
                            such subpena;

                                (B) the extent to which the party 
                            subpenaed has complied with such subpena;

                                (C) any objections or privileges raised 
                            by the subpenaed party; and

                                (D) the comparative effectiveness of 
                            bringing a civil action under this section, 
                            certification of a criminal action for 
                            contempt of Congress, and initiating a 
                            contempt proceeding before the Senate.

[[Page 344]]


  396.10-4
  396.10-4  (d) Rules of Senate
                The provisions of subsection (c) of this section are 
            enacted--
                            (1) as an exercise of the rulemaking power 
                        of the Senate, and, as such, they shall be 
                        considered as part of the rules of the Senate, 
                        and such rules shall supersede any other rule of 
                        the Senate only to the extent that rule is 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of the Senate to change 
                        such rules (so far as relating to the procedure 
                        in the Senate) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of the Senate.
  396.10-5
  396.10-5  (e) Committee reports
                A report filed pursuant to subsection (c)(2) of this 
            section shall not be receivable in any court of law to the 
            extent such report is in compliance with such subsection.
  396.10-6
  396.10-6  (f) Omitted

  

  396.10-7
  396.10-7  (g) Certification of failure to testify; contempt
                Nothing in this section shall limit the discretion of--
                            (1) the President pro tempore of the Senate 
                        in certifying to the United States Attorney for 
                        the District of Columbia any matter pursuant to 
                        section 194 of this title; or
                            (2) the Senate to hold any individual or 
                        entity in contempt of the Senate. (Oct. 26, 
                        1978, Pub. L. 95-521, Title VII, Sec. 705(a)-
                        (e), (g), 92 Stat. 1878, 1880; Pub. L. 99-336, 
                        Sec. 6(a)(2), June 19, 1986, 100 Stat. 639.)
    396.11
    396.11  Sec. 288e. Intervention or appearance.

  

  396.11-1
  396.11-1  (a) Actions or proceedings
                When directed to do so pursuant to section 288b(c) of 
            this title, the Counsel shall intervene or appear as amicus 
            curiae in the name of the Senate, or in the name of an 
            officer, committee, subcommittee, or chairman of a committee 
            or subcommittee of the Senate in any legal action or 
            proceeding pending in any court of the United States or of a 
            State or political subdivision thereof in which the powers 
            and responsibilities of Congress under the Constitution of 
            the United States are placed in issue. The Counsel shall be 
            authorized to intervene only if standing to intervene exists 
            under section 2 of article III of the Constitution of the 
            United States.
  396.11-2
  396.11-2  (b) Notification; publication
                The Counsel shall notify the Joint Leadership Group of 
            any legal action or proceeding in which the Counsel is of 
            the opinion that intervention or appearance as amicus curiae 
            under subsection (a) of this section is in the interest of 
            the Senate. Such notification shall contain a description of 
            the legal action or proceeding together with the reasons 
            that the Counsel is of the opinion that intervention or 
            appearance as amicus curiae is in the interest of the 
            Senate. The Joint Leadership Group shall cause said 
            notification to be published in the Congressional Record for 
            the Senate.
  396.11-3
  396.11-3  (c) Powers and responsibilities of Congress
                The Counsel shall limit any intervention or appearance 
            as amicus curiae in an action or proceeding to issues 
            relating to the powers and

[[Page 345]]

            responsibilities of Congress. (Oct. 26, 1978, Pub. L. 95-
            521, Title VII, Sec. 706, 92 Stat. 1880.)
    396.12
    396.12  Sec. 288f. Immunity proceedings.
                When directed to do so pursuant to section 288b(d) of 
            this title, the Counsel shall serve as the duly authorized 
            representative of the Senate or a committee or subcommittee 
            of the Senate in requesting a United States district court 
            to issue an order granting immunity pursuant to section 6005 
            of title 18. (Oct. 26, 1978, Pub. L. 95-521, Title VII, 
            Sec. 707, 92 Stat. 1880.)
    396.13
    396.13  Sec. 288g. Advisory and other functions.

  

  396.13-1
  396.13-1  (a) Cooperation with persons, committees, subcommittees, and 
                offices
                The Counsel shall advise, consult, and cooperate with--
                            (1) the United States Attorney for the 
                        District of Columbia with respect to any 
                        criminal proceeding for contempt of Congress 
                        certified by the President pro tempore of the 
                        Senate pursuant to section 194 of this title;
                            (2) the committee of the Senate with the 
                        responsibility to identify any court proceeding 
                        or action which is of vital interest to the 
                        Senate;
                            (3) the Comptroller General, the General 
                        Accounting Office, the Office of Legislative 
                        Counsel of the Senate, and the Congressional 
                        Research Service, except that none of the 
                        responsibilities and authority assigned by this 
                        chapter to the Counsel shall be construed to 
                        affect or infringe upon any functions, powers, 
                        or duties of the aforementioned;
                            (4) any Member, officer, or employee of the 
                        Senate not represented under section 288c of 
                        this title with regard to obtaining private 
                        legal counsel for such Member, officer, or 
                        employee;
                            (5) the President pro tempore of the Senate, 
                        the Secretary of the Senate, the Sergeant-at-
                        Arms of the Senate, and the Parliamentarian of 
                        the Senate, regarding any subpena, order, or 
                        request for withdrawal of papers presented to 
                        the Senate which raises a question of the 
                        privileges of the Senate; and
                            (6) any committee or subcommittee of the 
                        Senate in promulgating and revising their rules 
                        and procedures for the use of congressional 
                        investigative powers and with respect to 
                        questions which may arise in the course of any 
                        investigation.
  396.13-2
  396.13-2  (b) Legal research files
                The Counsel shall compile and maintain legal research 
            files of materials from court proceedings which have 
            involved Congress, a House of Congress, an office or agency 
            of Congress, or any committee, subcommittee, Member, 
            officer, or employee of Congress. Public court papers and 
            other research memoranda which do not contain information of 
            a confidential or privileged nature shall be made available 
            to the public consistent with any applicable procedures set 
            forth in such rules of the Senate as may apply and the 
            interests of the Senate.

[[Page 346]]


  396.13-3
  396.13-3  (c) Miscellaneous duties
                The Counsel shall perform such other duties consistent 
            with the purposes and limitations of this chapter as the 
            Senate may direct. (Oct. 26, 1978, Pub. L. 95-521, Title 
            VII, Sec. 708, 92 Stat. 1880.)
    396.14
    396.14  Sec. 288h. Defense of certain constitutional powers.
                In performing any function under this chapter, the 
            Counsel shall defend vigorously when placed in issue--
                            (1) the constitutional privilege from arrest 
                        or from being questioned in any other place for 
                        any speech or debate under section 6 of article 
                        I of the Constitution of the United States;
                            (2) the constitutional power of the Senate 
                        to be judge of the elections, returns, and 
                        qualifications of its own Members and to punish 
                        or expel a Member under section 5 of article I 
                        of the Constitution of the United States;
                            (3) the constitutional power of the Senate 
                        to except from publication such parts of its 
                        journal as in its judgment may require secrecy;
                            (4) the constitutional power of the Senate 
                        to determine the rules of its proceedings;
                            (5) the constitutional power of Congress to 
                        make all laws as shall be necessary and proper 
                        for carrying into execution the constitutional 
                        powers of Congress and all other powers vested 
                        by the Constitution in the Government of the 
                        United States, or in any department or office 
                        thereof;
                            (6) all other constitutional powers and 
                        responsibilities of the Senate or of Congress; 
                        and
                            (7) the constitutionality of Acts and joint 
                        resolutions of the Congress. (Oct. 26, 1978, 
                        Pub. L. 95-521, Title VII, Sec. 709, 92 Stat. 
                        1881.)
    396.15
    396.15  Sec. 288i. Representation conflict or inconsistency.

  

  396.15-1
  396.15-1  (a) Notification
                In the carrying out of the provisions of this chapter, 
            the Counsel shall notify the Joint Leadership Group, and any 
            party represented or person affected, of the existence and 
            nature of any conflict or inconsistency between the 
            representation of such party or person and the carrying out 
            of any other provision of this chapter or compliance with 
            professional standards and responsibilities.
  396.15-2
  396.15-2  (b) Solution; publication in Congressional Record; review
                Upon receipt of such notification, the members of the 
            Joint Leadership Group shall recommend the action to be 
            taken to avoid or resolve the conflict or inconsistency. If 
            such recommendation is made by a two-thirds vote, the 
            Counsel shall take such steps as may be necessary to resolve 
            the conflict or inconsistency as recommended. If not, the 
            members of the Joint Leadership Group shall cause the 
            notification of conflict or inconsistency and recommendation 
            with respect to resolution thereof to be published in the 
            Congressional Record of the Senate. If the Senate does not 
            direct the Counsel within fifteen days from the date of 
            publication in the Record to resolve the conflict in another 
            manner, the Counsel shall take such action as may be 
            necessary to resolve the conflict or inconsistency as 
            recommended. Any instruction or determination made pursuant 
            to this subsection shall not be reviewable in any court of 
            law.

[[Page 347]]


  396.15-3
  396.15-3  (c) Computation of period following publication
                For purposes of the computation of the fifteen-day 
            period in subsection (b) of this section--
                            (1) continuity of session is broken only by 
                        an adjournment of Congress sine die; and
                            (2) the days on which the Senate is not in 
                        session because of an adjournment of more than 
                        three days to a date certain are excluded.
  396.15-4
  396.15-4  (d) Reimbursement
                The Senate may by resolution authorize the reimbursement 
            of any Member, officer, or employee of the Senate who is not 
            represented by the Counsel for fees and costs, including 
            attorneys' fees, reasonably incurred in obtaining 
            representation. Such reimbursement, shall be from funds 
            appropriated to the contingent fund of the Senate. (Oct. 26, 
            1978, Pub. L. 95-521, Title VII, Sec. 710, 92 Stat. 1882.)
    396.16
    396.16  Sec. 288j. Consideration of resolutions to direct counsel.

  

  396.16-1
  396.16-1  (a) Procedure; rules
                (1) A resolution introduced pursuant to section 288b of 
            this title shall not be referred to a committee, except as 
            otherwise required under section 288d(c) of this title. Upon 
            introduction, or upon being reported if required under 
            section 288d(c) of this title, whichever is later, it shall 
            at any time thereafter be in order (even though a previous 
            motion to the same effect has been disagreed to) to move to 
            proceed to the consideration of such resolution. A motion to 
            proceed to the consideration of a resolution shall be highly 
            privileged and not debatable. An amendment to such motion 
            shall not be in order, and it shall not be in order to move 
            to reconsider the vote by which such motion is agreed to.
                (2) With respect to a resolution pursuant to section 
            288b(a) of this title, the following rules apply:
                            (A) If the motion to proceed to the 
                        consideration of the resolution is agreed to, 
                        debate thereon shall be limited to not more than 
                        ten hours, which shall be divided equally 
                        between, and controlled by, those favoring and 
                        those opposing the resolution. A motion further 
                        to limit debate shall not be debatable. No 
                        amendment to the resolution shall be in order. 
                        No motion to recommit the resolution shall be in 
                        order, and it shall not be in order to 
                        reconsider the vote by which the resolution is 
                        agreed to.
                            (B) Motions to postpone, made with respect 
                        to the consideration of the resolution, and 
                        motions to proceed to the consideration of other 
                        business, shall be decided without debate.
                            (C) All appeals from the decisions of the 
                        Chair relating to the application of the rules 
                        of the Senate to the procedure relating to the 
                        resolution shall be decided without debate.
  396.16-2
  396.16-2  (b) Definition
                For purposes of this chapter, other than section 288b of 
            this title, the term ``committee'' includes standing, 
            select, and special committees of the Senate established by 
            law or resolution.
  396.16-3
  396.16-3  (c) Rules of the Senate
                The provisions of this section are enacted--

[[Page 348]]

                            (1) as an exercise of the rulemaking power 
                        of the Senate, and, as such, they shall be 
                        considered as part of the rules of the Senate, 
                        and such rules shall supersede any other rule of 
                        the Senate only to the extent that rule is 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of the Senate to change 
                        such rules at any time, in the same manner, and 
                        to the same extent as in the case of any other 
                        rule of the Senate. (Oct. 26, 1978, Pub. L. 95-
                        521, Title VII, Sec. 711, 92 Stat. 1882.)
    396.17
    396.17  Sec. 288k. Attorney General relieved of responsibility.
                (a) Upon receipt of written notice that the Counsel has 
            undertaken, pursuant to section 288c(a) of this title, to 
            perform any representational service with respect to any 
            designated party in any action or proceeding pending or to 
            be instituted, the Attorney General shall--
                            (1) be relieved of any responsibility with 
                        respect to such representational service;
                            (2) have no authority to perform such 
                        service in such action or proceeding except at 
                        the request or with the approval of the Senate; 
                        and
                            (3) transfer all materials relevant to the 
                        representation authorized under section 288c(a) 
                        of this title to the Counsel, except that 
                        nothing in this subsection shall limit any right 
                        of the Attorney General under existing law to 
                        intervene or appear as amicus curiae in such 
                        action or proceeding.
                (b) The Attorney General shall notify the Counsel with 
            respect to any proceeding in which the United States is a 
            party of any determination by the Attorney General or 
            Solicitor General not to appeal any court decision affecting 
            the constitutionality of an Act or joint resolution of 
            Congress within such time as will enable the Senate to 
            direct the Counsel to intervene as a party in such 
            proceeding pursuant to section 288e of this title. (Oct. 26, 
            1978, Pub. L. 95-521, Title VII, Sec. 712, 92 Stat. 1883.)
    396.18
    396.18  Sec. 288l. Procedural provisions.

  

  396.18-1
  396.18-1  (a) Intervention or appearance
                Permission to intervene as a party or to appear as 
            amicus curiae under section 288e of this title shall be of 
            right and may be denied by a court only upon an express 
            finding that such intervention or appearance is untimely and 
            would significantly delay the pending action or that 
            standing to intervene has not been established under section 
            2 of article III of the Constitution of the United States.
  396.18-2
  396.18-2  (b) Compliance with admission requirements
                The Counsel, the Deputy Counsel, or any designated 
            Assistant Counsel or counsel specially retained by the 
            Office shall be entitled, for the purpose of performing his 
            functions under this chapter, to enter an appearance in any 
            proceeding before any court of the United States or of a 
            State or political subdivision thereof without compliance 
            with any requirement for admission to practice before such 
            court, except that the authorization conferred by this 
            supply with respect to the admission of any such person to 
            practice before the United States Supreme Court.

[[Page 349]]


  396.18-3
  396.18-3  (c) Standing to sue; jurisdiction
                Nothing in this chapter shall be construed to confer 
            standing on any party seeking to bring, or jurisdiction on 
            any court with respect to, any civil or criminal action 
            against Congress, either House of Congress, a Member of 
            Congress, a committee or subcommittee of a House of 
            Congress, any office or agency of Congress, or any officer 
            or employee of a House of Congress or any office or agency 
            of Congress. (Oct. 26, 1978, Pub. L. 95-521, Title VII, 
            Sec. 713, 92 Stat. 1883.)
    396.19
    396.19  Sec. 288m. Contingent fund.
                The expenses of the Office shall be paid from the 
            contingent fund of the Senate in accordance with section 68 
            of this title, and upon vouchers approved by the Counsel. 
            (Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 716, 92 
            Stat. 1885.)
            
              Chapter 11.--CITIZENS' COMMISSION ON PUBLIC SERVICE AND 
                                    COMPENSATION

       398
       398  Sec. 351. Citizens' Commission on Public Service and 
                Compensation.
                There is hereby established a commission to be known as 
            the Citizens' Commission on Public Service and Compensation 
            (hereinafter referred to as the ``Commission''). (Dec. 16, 
            1967, Pub. L. 90-206, Sec. 225(a), 81 Stat. 642; Pub. L. 
            101-194, Title VII, Sec. 701(a)(1), Nov. 30, 1989, 103 Stat. 
            1763.)
     398.1
     398.1  Sec. 352. Membership.
                (1) The Commission shall be composed of 11 members, who 
            shall be appointed from private life, as follows:
                            (A) 2 appointed by the President of the 
                        United States;
                            (B) 1 appointed by the President pro tempore 
                        of the Senate, upon the recommendation of the 
                        majority and minority leaders of the Senate;
                            (C) 1 appointed by the Speaker of the House 
                        of Representatives;
                            (D) 2 appointed by the Chief Justice of the 
                        United States; and
                            (E) 5 appointed by the Administrator of 
                        General Services in accordance with paragraph 
                        (4).
                (2) No person shall serve as a member of the Commission 
            who is--
                            (A) an officer or employee of the Federal 
                        Government;
                            (B) registered (or required to register) 
                        under the Federal Regulation of Lobbying Act [2 
                        U.S.C.A. Sec. 261 et seq.]; or
                            (C) a parent, sibling, spouse, child, or 
                        dependent relative, of anyone under subparagraph 
                        (A) or (B).
                (3) The persons appointed under subparagraphs (A) 
            through (D) of paragraph (1) shall be selected without 
            regard to political affiliation, and should be selected from 
            among persons who have experience or expertise in such areas 
            as government, personnel management, or public 
            administration.
                (4) The Administrator of General Services shall by 
            regulation establish procedures under which persons shall be 
            selected for appointment under paragraph (1)(E). Such 
            procedures--
                            (A) shall be designed in such a way so as to 
                        provide for the maximum degree of geographic 
                        diversity practicable among members under 
                        paragraph (1)(E);

[[Page 350]]

                            (B) shall include provisions under which 
                        those members shall be chosen by lot from among 
                        names randomly selected from voter registration 
                        lists; and
                            (C) shall otherwise comply with applicable 
                        provisions of this subsection.
                (5) The chairperson shall be designated by the 
            President.
                (6) A vacancy in the membership of the Commission shall 
            be filled in the manner in which the original appointment 
            was made.
                (7) Each member of the Commission shall be paid at the 
            rate of $100 for each day such member is engaged upon the 
            work of the Commission and shall be allowed travel expenses, 
            including a per diem allowance, in accordance with section 
            5703 of title 5, when engaged in the performance of services 
            for the Commission.
                (8)(A) The terms of office of persons first appointed as 
            members of the Commission shall be for the period of the 
            1993 fiscal year of the Federal Government, and shall begin 
            not later than February 14, 1993.
                (B) After the close of the 1993 fiscal year of the 
            Federal Government, persons shall be appointed as members of 
            the Commission with respect to every fourth fiscal year 
            following the 1993 fiscal year. The terms of office of 
            persons so appointed shall be for the period of the fiscal 
            year with respect to which the appointment is made, except 
            that, if any appointment is made after the beginning and 
            before the close of any such fiscal year, the term of office 
            based on such appointment shall be for the remainder of such 
            fiscal year.
                (C)(i) Notwithstanding any provision of subparagraph (A) 
            or (B), members of the Commission may continue to serve 
            after the close of a fiscal year, if the date designated by 
            the President under section 357 of this title (relating to 
            the date by which the Commission is to submit its report to 
            the President) is subsequent to the close of such fiscal 
            year, and only if or to the extent necessary to allow the 
            Commission to submit such report.
                (ii) Notwithstanding any provision of section 353 of 
            this title, authority under such subsection shall remain 
            available, after the close of a fiscal year, so long as 
            members of the Commission continue to serve. (Dec. 16, 1967, 
            Pub. L. 90-206, Sec. 225(b), 81 Stat. 642; Dec. 19, 1985, 
            Pub. L. 99-190, Sec. 135(a), 99 Stat. 1322; Pub. L. 101-194, 
            Title VII, Sec. 701(b), Nov. 30, 1989, 103 Stat. 1763.)
     398.2
     398.2  Sec. 353. Executive Director; additional personnel; detail 
                of personnel of other agencies.
                (1) Without regard to the provisions of title 5 
            governing appointments in the competitive service, and the 
            provisions of chapter 51 and subchapter III of chapter 53 of 
            such title, relating to classification and General Schedule 
            pay rates, and on a temporary basis for periods covering all 
            or part of any fiscal year referred to in subparagraphs (A) 
            and (B) of section 352(8) of this title--
                            (A) the Commission is authorized to appoint 
                        an Executive Director and fix his basic pay at 
                        the rate provided for level V of the Executive 
                        Schedule by section 5316 of title 5; and
                            (B) with the approval of the Commission, the 
                        Executive Director is authorized to appoint and 
                        fix the basic pay (at respective rates not in 
                        excess of the maximum rate of the General 
                        Schedule in section 5332 of title 5) of such 
                        additional personnel as may be necessary to 
                        carry out the function of the Commission.

[[Page 351]]

                (2) Upon the request of the Commission, the head of any 
            department, agency, or establishment of any branch of the 
            Federal Government is authorized to detail, on a 
            reimbursable basis, for periods covering all or part of any 
            fiscal year referred to in subparagraphs (A) and (B) of 
            section 352(8) of this title, any of the personnel of such 
            department, agency, or establishment to assist the 
            Commission in carrying out its function. (Dec. 16, 1967, 
            Pub. L. 90-206, Sec. 225(c), 81 Stat. 643; Pub. L. 101-194, 
            Title VII, Sec. 701(c), Nov. 30, 1989, 103 Stat. 1764.)
     398.3
     398.3  Sec. 354. Use of United States mails by Commission.
                The Commission may use the United States mails in the 
            same manner and upon the same conditions as other 
            departments and agencies of the United States. (Dec. 16, 
            1967, Pub. L. 90-206, Sec. 225(d), 81 Stat. 643.)
     398.4
     398.4  Sec. 355. Administrative support services.
                The Administrator of General Services shall provide 
            administrative support services for the Commission on a 
            reimbursable basis. (Dec. 16, 1967, Pub. L. 90-206, 
            Sec. 225(e), 81 Stat. 643.)
     398.5
     398.5  Sec. 356. Functions.
                The Commission shall conduct, in each of the respective 
            fiscal years referred to in subparagraphs (A) and (B) of 
            section 352 (8) of this title, a review of the rates of pay 
            of--
                            (A) the Vice President of the United States, 
                        Senators, Members of the House of 
                        Representatives, the Resident Commissioner from 
                        Puerto Rico, the Speaker of the House of 
                        Representatives, the President pro tempore of 
                        the Senate, and the majority and minority 
                        leaders of the Senate and the House of 
                        Representatives;
                            (B) offices and positions in the legislative 
                        branch referred to in subsections (a), (b), (c), 
                        and (d) of section 203 of the Federal 
                        Legislative Salary Act of 1964 (78 Stat. 415; 
                        Public Law 88-426);
                            (C) justices, judges, and other personnel in 
                        the judicial branch referred to in section 403 
                        of the Federal Judicial Salary Act of 1964 (78 
                        Stat. 434; Public Law 88-426) except bankruptcy 
                        judges, but including the judges of the United 
                        States Court of Federal Claims;
                            (D) offices and positions under the 
                        Executive Schedule in subchapter II of chapter 
                        53 of title 5; and
                            (E) the Governors of the Board of Governors 
                        of the United States Postal Service appointed 
                        under section 202 of title 39.

            Such review by the Commission shall be made for the purpose 
            of determining and providing--

                            (i) the appropriate pay levels and 
                        relationships between and among the respective 
                        offices and positions covered by such review, 
                        and
                            (ii) the appropriate pay relationships 
                        between such offices and positions and the 
                        offices and positions subject to the provisions 
                        of chapter 51 and subchapter III of chapter 53 
                        of title 5, relating to classification and 
                        General Schedule pay rates.

            In reviewing the rates of pay of the offices or positions 
            referred to in subparagraph (D) of this section, the 
            Commission shall determine and consider the appropriateness 
            of the executive levels of such offices and positions. (Pub. 
            L. 90-206, Title II, Sec. 255(f), Dec. 16, 1967, 81 Stat.

[[Page 352]]

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

     398.6
     398.6  Sec. 357. Report by Commission to the President with respect 
                to pay.
                The Commission shall submit to the President a report of 
            the results of each review conducted by the Commission with 
            respect to rates of pay for the offices and positions within 
            the purview of subparagraphs (A), (B), (C), and (D) of 
            section 356 of this title, together with its 
            recommendations. Each such report shall be submitted on such 
            date as the President may designate but not later than 
            December 15 next following the close of the fiscal year in 
            which the review is conducted by the Commission. (Dec. 16, 
            1967, Pub. L. 90-206, Sec. 225(g), 81 Stat. 644; Dec. 19, 
            1985, Pub. L. 99-190, Sec. 135(c), 99 Stat. 1322; Pub. L. 
            101-194, Title VII, Sec. 701(e), Nov. 30, 1989, 103 Stat. 
            1764.)
     398.7
     398.7  Sec. 358. Recommendations of the President with respect to 
                pay.
                (1) After considering the report and recommendations of 
            the Commission submitted under section 357 of this title, 
            the President shall transmit to Congress his recommendations 
            with respect to the exact rates of pay, for offices and 
            positions within the purview of subparagraphs (A), (B), (C), 
            and (D) of section 356 of this title, which the President 
            considers to be fair and reasonable in light of the 
            Commission's report and recommendations, the prevailing 
            market value of the services rendered in the offices and 
            positions involved, the overall economic condition of the 
            country, and the fiscal condition of the Federal Government.
                (2) The President shall transmit his recommendations 
            under this subsection to Congress on the first Monday after 
            January 3 of the first calendar year beginning after the 
            date on which the Commission submits its report and 
            recommendations to the President under section 357 of this 
            title. (Dec. 16, 1967, Pub. L. 90-206, Sec. 225(h), 81 Stat. 
            644; Pub. L. 99-190, Sec. 135(d), Dec. 19, 1985, 99 Stat. 
            1322; Pub. L. 101-194, Title VII, Sec. 701(f), Nov. 30, 
            1989, 103 Stat. 1765.)
     398.8
     398.8  Sec. 359. Effective date of recommendations of the 
                President.
                (1) None of the President's recommendations under 
            section 358 of this title shall take effect unless approved 
            under paragraph (2).
                (2)(A) The recommendations of the President under 
            section 358 of this title shall be considered approved under 
            this paragraph if there is enacted into law a bill or joint 
            resolution approving such recommendations in their entirety. 
            This bill or joint resolution shall be passed by recorded 
            vote to reflect the vote of each Member of Congress thereon.
                (B)(i) The provisions of this subparagraph are enacted 
            by the Congress--
                            (I) as an exercise of the rulemaking power 
                        of the Senate and the House of Representatives 
                        and as such shall be considered as part of the 
                        rules of each House, and shall supersede other 
                        rules only to the extent that they are 
                        inconsistent therewith; and

[[Page 353]]

                            (II) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as they relate to the 
                        procedures of that House) at any time in the 
                        same manner, and to the same extent as in the 
                        case of any other rule of that House.
                (ii) During the 60-calendar-day period beginning on the 
            date that the President transmits his recommendations to the 
            Congress under section 358 of this title, it shall be in 
            order as a matter of highest privilege in each House of 
            Congress to consider a bill or joint resolution, if offered 
            by the majority leader of such House (or a designee), 
            approving such recommendations in their entirety.
                (3) Except as provided in paragraph (4), any recommended 
            pay adjustment approved under paragraph (2) shall take 
            effect as of the date proposed by the President under 
            section 358 of this title with respect to such adjustment.
                (4)(A) Notwithstanding the approval of the President's 
            pay recommendations in accordance with paragraph (2), none 
            of those recommendations shall take effect unless, between 
            the date on which the bill or resolution approving those 
            recommendations is signed by the President (or otherwise 
            becomes law) and the earliest date as of which the President 
            proposes (under section 358 of this title) that any of those 
            recommendations take effect, an election of Representatives 
            shall have intervened.
                (B) For purposes of this paragraph, the term ``election 
            of Representatives'' means an election held on the Tuesday 
            following the first Monday of November in any even-numbered 
            calendar year. (Dec. 16, 1967, Pub. L. 90-206, Sec. 225(i), 
            81 Stat. 644; Apr. 12, 1977, Pub. L. 95-19, Sec. 401(a), 91 
            Stat. 45; Dec. 19, 1985, Pub. L. 99-190, Sec. 135(e), 99 
            Stat. 1322; Pub. L. 101-194, Title VII, Sec. 701(g), Nov. 
            30, 1989, 103 Stat. 1765.)
     398.9
     398.9  Sec. 360. Effect of Presidential recommendations on existing 
                law and prior recommendations.
                The recommendations of the President taking effect as 
            provided in subsection 359 of this title shall be held and 
            considered to modify, supersede, or render inapplicable, as 
            the case may be, to the extent inconsistent therewith--
                            (A) all provisions of law enacted prior to 
                        the effective date or dates of all or part (as 
                        the case may be) of such recommendations (other 
                        than any provision of law enacted with respect 
                        to such recommendations in the period beginning 
                        on the date the President transmits his 
                        recommendations to the Congress under section 
                        358 of this title and ending on the date of 
                        their approval under section 359(2) of this 
                        title, and
                            (B) any prior recommendations of the 
                        President which take effect under this chapter. 
                        (Dec. 16, 1967, Pub. L. 90-206, Sec. 225(j), 81 
                        Stat. 644; Apr. 12, 1977, Pub. L. 95-19, 
                        Sec. 401(b), 91 Stat. 46; Dec. 19, 1985, Pub. L. 
                        95-190, Sec. 135(f), 99 Stat. 1322; Pub. L. 99-
                        190, Sec. 135(f), Dec. 19, 1985, 99 Stat. 1322; 
                        Pub. L. 101-194, Title VII, Sec. 701(h), Nov. 
                        30, 1989, 103 Stat. 1766.)
    398.10
    398.10  Sec. 361. Publication of recommendations.
                The recommendations of the President which take effect 
            shall be printed in the Statutes at Large in the same volume 
            as public laws and shall be printed in the Federal Register 
            and included in the Code of

[[Page 354]]

            Federal Regulations. (Dec. 16, 1967, Pub. L. 90-206, 
            Sec. 225(k), 81 Stat. 644.)
            Note
                Section 135(g) of Public Law 99-190 (99 Stat. 1323, Dec. 
            19, 1985) provides that the Commission shall not make 
            recommendations on rates of pay in connection with the 
            review of rates of pay conducted in fiscal year 1985 except 
            for the rates of pay of the Governors of the Board of Postal 
            Service.
    398.11
    398.11  Sec. 362. Requirements applicable to recommendations.
                Notwithstanding any other provision of this chapter, the 
            recommendations submitted by the Commission to the President 
            under section 357 of this title, and the recommendations 
            transmitted by the President to the Congress under section 
            358 of this title shall be in conformance with the 
            following:
                            (1) Any recommended pay adjustment shall 
                        specify the date as of which it is proposed that 
                        such adjustment take effect.
                            (2) The proposed effective date of a pay 
                        adjustment may occur no earlier than January 1 
                        of the second fiscal year, and not later than 
                        December 31 next following the close of the 
                        fifth fiscal year, beginning after the fiscal 
                        year in which the Commission conducts its review 
                        under section 356 of this title.
                            (3)(A)(i) The rates of pay recommended for 
                        the Speaker of the House of Representatives, the 
                        Vice President of the United States, and the 
                        Chief Justice of the United States, 
                        respectively, shall be equal.
                            (ii) The rates of pay recommended for the 
                        majority and minority leaders of the Senate and 
                        the House of Representatives, the President pro 
                        tempore of the Senate, and each office or 
                        position under section 5312 of title 5, 
                        (relating to level I of the Executive Schedule), 
                        respectively, shall be equal.
                            (iii) The rates of pay recommended for a 
                        Senator, a Member of the House of 
                        Representatives, the Resident Commissioner from 
                        Puerto Rico, a Delegate to the House of 
                        Representatives, a judge of a district court of 
                        the United States, a judge of the United States 
                        Court of International Trade, and each office or 
                        position under section 5313 of title 5, 
                        (relating to level II of the Executive 
                        Schedule), respectively, shall be equal.
                            (B) Nothing in this subsection shall be 
                        considered to require that the rate recommended 
                        for any office or position by the President 
                        under section 358 of this title be the same as 
                        the rate recommended for such office or position 
                        by the Commission under section 357 of this 
                        title. (Pub. L. 90-206, Title II, Sec. 225(l), 
                        as added Pub. L. 101-194, Title VII, 
                        Sec. 701(i), Nov. 30, 1989, 103 Stat. 1766.)
    398.12
    398.12  Sec. 363. Additional function.
                The Commission shall, whenever it conducts a review 
            under section 356 of this title, also conduct a review under 
            this section relating to any recruitment or retention 
            problems, and any public policy issues involved in 
            maintaining appropriate ethical standards, with respect to 
            any offices or positions within the Federal public service. 
            Any findings or recommendations under this section shall be 
            included by the Commission as part of its report to the 
            President under section 357 of this title. (Pub. L. 90-206, 
            Title II, Sec. 225(m), as added Pub. L. 101-194, Title VII, 
            Sec. 701(j), Nov. 30, 1989, 103 Stat. 1767.)

[[Page 355]]


    398.13
    398.13  Sec. 364. Provision relating to certain other pay 
                adjustments.
                (1) A provision of law increasing the rate of pay 
            payable for an office or position within the purview of 
            subparagraph (A), (B), (C), or (D) of section 356 of this 
            title shall not take effect before the beginning of the 
            Congress following the Congress during which such provision 
            is enacted.
                (2) For purposes of this section, a provision of law 
            enacted during the period beginning on the Tuesday following 
            the first Monday of November of an even-numbered year of any 
            Congress and ending at noon on the following January 3 shall 
            be considered to have been enacted during the first session 
            of the following Congress.
                (3) Nothing in this section shall be considered to apply 
            wtih respect to any pay increase--
                            (A) which takes effect under the preceding 
                        sections of this chapter;
                            (B) which is based on a change in the 
                        Employment Cost Index (as determined under 
                        section 704(a)(1) of the Ethics Reform Act of 
                        1989) or which is in lieu of any pay adjustment 
                        which might otherwise be made in a year based on 
                        a change in such index (as so determined); or
                            (C) which takes effect under section 702 or 
                        703 of the Ethics Reform Act of 1989. (Pub. L. 
                        90-206, Title II, Sec. 225(n), as added Pub. L. 
                        101-194, Title VII, Sec. 701(k), Nov. 30, 1989, 
                        103 Stat. 1767.)
       399
       399  
              Chapter 13.--JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS

                Repealed. Pub. L. 104-186, Title II, Sec. 212(1)(A), 
            (2), Aug. 20, 1996, 110 Stat. 1745.
            
                       Chapter 14.--FEDERAL ELECTION CAMPAIGNS

            
                 Subchapter I.--Disclosure of Federal Campaign Funds

     399.8
     399.8  Sec. 431. Definitions.
                When used in this Act:
                (1) The term ``election'' means--
                            (A) a general, special, primary, or runoff 
                        election;
                            (B) a convention or caucus of a political 
                        party which has authority to nominate a 
                        candidate;
                            (C) a primary election held for the 
                        selection of delegates to a national nominating 
                        convention of a political party; and
                            (D) a primary election held for the 
                        expression of a preference for the nomination of 
                        individuals for election to the office of 
                        President.
                (2) The term ``candidate'' means an individual who seeks 
            nomination for election, or election, to Federal office, and 
            for purposes of this paragraph, an individual shall be 
            deemed to seek nomination for election, or election--
                            (A) if such individual has received 
                        contributions aggregating in excess of $5,000 or 
                        has made expenditures aggregating in excess of 
                        $5,000; or
                            (B) if such individual has given his or her 
                        consent to another person to receive 
                        contributions or make expenditures on behalf of 
                        such individual and if such person has received 
                        such contributions

[[Page 356]]

                        aggregating in excess of $5,000 or has made such 
                        expenditures aggregating in excess of $5,000.
                (3) The term ``Federal office'' means the office of 
            President or Vice President, or of Senator or Representative 
            in, or Delegate or Resident Commissioner to, the Congress.
                (4) The term ``political committee'' means--
                            (A) any committee, club, association, or 
                        other group of persons which receives 
                        contributions aggregating in excess of $1,000 
                        during a calendar year or which makes 
                        expenditures aggregating in excess of $1,000 
                        during a calendar year; or
                            (B) any separate segregated fund established 
                        under the provisions of section 441b(b) of this 
                        title; or
                            (C) any local committee of a political party 
                        which receives contributions aggregating in 
                        excess of $5,000 during a calendar year, or 
                        makes payments exempted from the definition of 
                        contribution or expenditure as defined in 
                        paragraphs (8) and (9) of this section 
                        aggregating in excess of $5,000 during a 
                        calendar year, or makes contributions 
                        aggregating in excess of $1,000 during a 
                        calendar year or makes expenditures aggregating 
                        in excess of $1,000 during a calendar year.
                (5) The term ``principal campaign committee'' means a 
            political committee designated and authorized by a candidate 
            under section 432(e)(1) of this title.
                (6) The term ``authorized committee'' means the 
            principal campaign committee or any other political 
            committee authorized by a candidate under section 432(e)(1) 
            of this title to receive contributions or make expenditures 
            on behalf of such candidate.
                (7) The term ``connected organization'' means any 
            organization which is not a political committee but which 
            directly or indirectly establishes, administers, or 
            financially supports a political committee.
                (8)(A) The term ``contribution'' includes--
                            (i) any gift, subscription, loan, advance, 
                        or deposit of money or anything of value made by 
                        any person for the purpose of influencing any 
                        election for Federal office; or
                            (ii) the payment by any person of 
                        compensation for the personal services of 
                        another person which are rendered to a political 
                        committee without charge for any purpose.
                (B) The term ``contribution'' does not include--
                            (i) the value of services provided without 
                        compensation by any individual who volunteers on 
                        behalf of a candidate or political committee;
                            (ii) the use of real or personal property, 
                        including a church or community room used on a 
                        regular basis by members of a community for 
                        noncommercial purposes, and the cost of 
                        invitations, food, and beverages, voluntarily 
                        provided by an individual to any candidate or 
                        any political committee of a political party in 
                        rendering voluntary personal services on the 
                        individual's residential premises or in the 
                        church or community room for candidate-related 
                        or political party-related activities, to the 
                        extent that the cumulative value of such 
                        invitations, food, and beverages provided by 
                        such individual on behalf of any single 
                        candidate does not exceed $1,000 with respect to 
                        any single election, and on behalf of all 
                        political committees of a political party does 
                        not exceed $2,000 in any calendar year;

[[Page 357]]

                            (iii) the sale of any food or beverage by a 
                        vendor for use in any candidate's campaign or 
                        for use by or on behalf of any political 
                        committee of a political party at a charge less 
                        than the normal comparable charge, if such 
                        charge is at least equal to the cost of such 
                        food or beverage to the vendor, to the extent 
                        that the cumulative value of such activity by 
                        such vendor on behalf of any single candidate 
                        does not exceed $1,000 with respect to any 
                        single election, and on behalf of all political 
                        committees of a political party does not exceed 
                        $2,000 in any calendar year;
                            (iv) any unreimbursed payment for travel 
                        expenses made by any individual on behalf of any 
                        candidate or any political committee of a 
                        political party, to the extent that the 
                        cumulative value of such activity by such 
                        individual on behalf of any single candidate 
                        does not exceed $1,000 with respect to any 
                        single election, and on behalf of all political 
                        committees of a political party does not exceed 
                        $2,000 in any calendar year;
                            (v) the payment by a State or local 
                        committee of a political party of the costs of 
                        preparation, display, or mailing or other 
                        distribution incurred by such committee with 
                        respect to a printed slate card or sample 
                        ballot, or other printed listing, of 3 or more 
                        candidates for any public office for which an 
                        election is held in the State in which such 
                        committee is organized, except that this clause 
                        shall not apply to any cost incurred by such 
                        committee with respect to a display of any such 
                        listing made on broadcasting stations, or in 
                        newspapers, magazines, or similar types of 
                        general public political advertising;
                            (vi) any payment made or obligation incurred 
                        by a corporation or a labor organization which, 
                        under section 441b(b) of this title, would not 
                        constitute an expenditure by such corporation or 
                        labor organization;
                            (vii) any loan of money by a State bank, a 
                        federally chartered depository institution, or a 
                        depository institution the deposits or accounts 
                        of which are insured by the Federal Deposit 
                        Insurance Corporation, Federal Savings and Loan 
                        Insurance Corporation, or the National Credit 
                        Union Administration, other than any overdraft 
                        made with respect to a checking or savings 
                        account, made in accordance with applicable law 
                        and in the ordinary course of business, but such 
                        loan--

                                (I) shall be considered a loan by each 
                            endorser or guarantor, in that proportion of 
                            the unpaid balance that each endorser or 
                            guarantor bears to the total number of 
                            endorsers or guarantors;

                                (II) shall be made on a basis which 
                            assures repayment, evidenced by a written 
                            instrument, and subject to a due date or 
                            amortization schedule; and

                                (III) shall bear the usual and customary 
                            interest rate of the lending institution;

                            (viii) any gift, subscription, loan, 
                        advance, or deposit of money or anything of 
                        value to a national or a State committee of a 
                        political party specifically designated to 
                        defray any cost for construction or purchase of 
                        any office facility not acquired for the purpose 
                        of influencing the election of any candidate in 
                        any particular election for Federal office;

[[Page 358]]

                            (ix) any legal or accounting services 
                        rendered to or on behalf of--

                                (I) any political committee of a 
                            political party if the person paying for 
                            such services is the regular employer of the 
                            person rendering such services and if such 
                            services are not attributable to activities 
                            which directly further the election of any 
                            designated candidate to Federal office; or

                                (II) an authorized committee of a 
                            candidate or any other political committee, 
                            if the person paying for such services is 
                            the regular employer of the individual 
                            rendering such services and if such services 
                            are solely for the purpose of ensuring 
                            compliance with this Act or chapter 95 or 
                            chapter 96 of title 26,

                    but amounts paid or incurred by the regular employer 
                    for such legal or accounting services shall be 
                    reported in accordance with section 434(b) of this 
                    title by the committee receiving such services;
                            (x) the payment by a State or local 
                        committee of a political party of the costs of 
                        campaign materials (such as pins, bumper 
                        stickers, handbills, brochures, posters, party 
                        tabloids, and yard signs) used by such committee 
                        in connection with volunteer activities on 
                        behalf of nominees of such party: Provided, 
                        That--

                                (1) such payments are not for the costs 
                            of campaign materials or activities used in 
                            connection with any broadcasting, newspaper, 
                            magazine, billboard, direct mail, or similar 
                            type of general public communication or 
                            political advertising;

                                (2) such payments are made from 
                            contributions subject to the limitations and 
                            prohibitions of this Act; and

                                (3) such payments are not made from 
                            contributions designated to be spent on 
                            behalf of a particular candidate or 
                            particular candidates;

                            (xi) the payment by a candidate, for 
                        nomination or election to any public office 
                        (including State or local office), or authorized 
                        committee of a candidate, of the costs of 
                        campaign materials which include information on 
                        or reference to any other candidate and which 
                        are used in connection with volunteer activities 
                        (including pins, bumper stickers, handbills, 
                        brochures, posters, and yard signs, but not 
                        including the use of broadcasting, newspapers, 
                        magazines, billboards, direct mail, or similar 
                        types of general public communication or 
                        political advertising); Provided, That such 
                        payments are made from contributions subject to 
                        the limitations and prohibitions of this Act;
                            (xii) the payment by a State or local 
                        committee of a political party of the costs of 
                        voter registration and get-out-the-vote 
                        activities conducted by such committee on behalf 
                        of nominees of such party for President and Vice 
                        President: Provided, That--

                                (1) such payments are not for the costs 
                            of campaign materials or activities used in 
                            connection with any broadcasting, newspaper, 
                            magazine, billboard, direct mail, or similar 
                            type of general public communication or 
                            political advertising;

                                (2) such payments are made from 
                            contributions subject to the limitations and 
                            prohibitions of this Act; and

                                (3) such payments are not made from 
                            contributions designated to be spent on 
                            behalf of a particular candidate or 
                            candidates;

[[Page 359]]

                            (xiii) payments made by a candidate or the 
                        authorized committee of a candidate as a 
                        condition of ballot access and payments received 
                        by any political party committee as a condition 
                        of ballot access; and
                            (xiv) any honorarium (within the meaning of 
                        section 441i of this title).
                (9)(A) The term ``expenditure'' includes--
                            (i) any purchase, payment, distribution, 
                        loan, advance, deposit, or gift of money or 
                        anything of value, made by any person for the 
                        purpose of influencing any election for Federal 
                        office; and
                            (ii) a written contract, promise, or 
                        agreement to make an expenditure.
                (B) The term ``expenditure'' does not include--
                            (i) any news story, commentary, or editorial 
                        distributed through the facilities of any 
                        broadcasting station, newspaper, magazine, or 
                        other periodical publication, unless such 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;
                            (ii) nonpartisan activity designed to 
                        encourage individuals to vote or to register to 
                        vote;
                            (iii) any communication by any membership 
                        organization or corporation to its members, 
                        stockholders, or executive or administrative 
                        personnel, if such membership organization or 
                        corporation is not organized primarily for the 
                        purpose of influencing the nomination for 
                        election, or election, of any individual to 
                        Federal office, except that the costs incurred 
                        by a membership organization (including a labor 
                        organization) or by a corporation directly 
                        attributable to a communication expressly 
                        advocating the election or defeat of a clearly 
                        identified candidate (other than a communication 
                        primarily devoted to subjects other than the 
                        express advocacy of the election or defeat of a 
                        clearly identified candidate), shall, if such 
                        costs exceed $2,000 for any election, be 
                        reported to the Commission in accordance with 
                        section 434(a)(4)(A)(i) of this title, and in 
                        accordance with section 434(a)(4)(A)(ii) of this 
                        title with respect to any general election;
                            (iv) the payment by a State or local 
                        committee of a political party of the costs of 
                        preparation, display, or mailing or other 
                        distribution incurred by such committee with 
                        respect to a printed slate card or sample 
                        ballot, or other printed listing, of 3 of more 
                        candidates for any public office for which an 
                        election is held in the State in which such 
                        committee is organized, except that this clause 
                        shall not apply to costs incurred by such 
                        committee with respect to a display of any such 
                        listing made on broadcasting stations, or in 
                        newspapers, magazines, or similar types of 
                        general public political advertising;
                            (v) any payment made or obligation incurred 
                        by a corporation or a labor organization which, 
                        under section 441b(b) of this title, would not 
                        constitute an expenditure by such corporation or 
                        labor organization;
                            (vi) any costs incurred by an authorized 
                        committee or candidate in connection with the 
                        solicitation of contributions on behalf of such 
                        candidate, except that this clause shall not 
                        apply with respect to costs incurred by an 
                        authorized committee of a candidate in excess of 
                        an amount equal to 20 percent of the expenditure 
                        limitation applicable to such candidate under 
                        section 441a(b) of this title, but

[[Page 360]]

                        all such costs shall be reported in accordance 
                        with section 434(b) of this title;
                            (vii) the payment of compensation for legal 
                        or accounting services--

                                (I) rendered to or on behalf of any 
                            political committee of a political party if 
                            the person paying for such services is the 
                            regular employer of the individual rendering 
                            such services, and if such services are not 
                            attributable to activities which directly 
                            further the election of any designated 
                            candidate to Federal office; or

                                (II) rendered to or on behalf of a 
                            candidate or political committee if the 
                            person paying for such services is the 
                            regular employer of the individual rendering 
                            such services, and if such services are 
                            solely for the purpose of ensuring 
                            compliance with this Act or chapter 95 or 
                            chapter 96 of title 26,

            but amounts paid or incurred by the regular employer for 
            such legal or accounting services shall be reported in 
            accordance with section 434(b) of this title by the 
            committee receiving such services;

                            (viii) the payment by a State or local 
                        committee of a political party of the costs of 
                        campaign materials (such as pins, bumper 
                        stickers, handbills, brochures, posters, party 
                        tabloids, and yard signs) used by such committee 
                        in connection with volunteer activities on 
                        behalf of nominees of such party: Provided, 
                        That--

                                (1) such payments are not for the costs 
                            of campaign materials or activities used in 
                            connection with any broadcasting, newspaper, 
                            magazine, billboard, direct mail, or similar 
                            type of general public communication or 
                            political advertising;

                                (2) such payments are made from 
                            contributions subject to the limitations and 
                            prohibitions of this Act; and

                                (3) such payments are not made from 
                            contributions designated to be spent on 
                            behalf of a particular candidate or 
                            particular candidates;

                            (ix) the payment by a State or local 
                        committee of a political party of the costs of 
                        voter registration and get-out-the-vote 
                        activities conducted by such committee on behalf 
                        of nominees of such party for President and Vice 
                        President: Provided, That--

                                (1) such payments are not for the costs 
                            of campaign materials or activities used in 
                            connection with any broadcasting, newspaper, 
                            magazine, billboard, direct mail, or similar 
                            type of general public communication or 
                            political advertising;

                                (2) such payments are made from 
                            contributions subject to the limitations and 
                            prohibitions of this Act; and

                                (3) such payments are not made from 
                            contributions designated to be spent on 
                            behalf of a particular candidate or 
                            candidates; and

                            (x) payments received by a political party 
                        committee as a condition of ballot access which 
                        are transferred to another political party 
                        committee or the appropriate State official.
                (10) The term ``Commission'' means the Federal Election 
            Commission.
                (11) The term ``person'' includes an individual, 
            partnership, committee, association, corporation, labor 
            organization, or any other organization or group of persons, 
            but such term does not include the Federal Government or any 
            authority of the Federal Government.

[[Page 361]]

                (12) The term ``State'' means a State of the United 
            States, the District of Columbia, the Commonwealth of Puerto 
            Rico, or a territory or possession of the United States.
                (13) The term ``identification'' means--
                            (A) in the case of any individual, the name, 
                        the mailing address, and the occupation of such 
                        individual, as well as the name of his or her 
                        employer; and
                            (B) in the case of any other person, the 
                        full name and address of such person.
                (14) The term ``national committee'' means the 
            organization which, by virtue of the bylaws of a political 
            party, is responsible for the day-to-day operation of such 
            political party at the national level, as determined by the 
            Commission.
                (15) The term ``State committee'' means the organization 
            which, by virtue of the bylaws of a political party, is 
            responsible for the day-to-day operation of such political 
            party at the State level, as determined by the Commission.
                (16) The term ``political party'' means an association, 
            committee, or organization which nominates a candidate for 
            election to any Federal office whose name appears on the 
            election ballot as the candidate of such association, 
            committee, or organization.
                (17) The term ``independent expenditure'' means an 
            expenditure by a person expressly advocating the election or 
            defeat of a clearly identified candidate which is made 
            without cooperation or consultation with any candidate, or 
            any authorized committee or agent of such candidate, and 
            which is not made in concert with, or at the request or 
            suggestion of, any candidate, or any authorized committee or 
            agent of such candidate.
                (18) The term ``clearly identified'' means that--
                            (A) the name of the candidate involved 
                        appears;
                            (B) a photograph or drawing of the candidate 
                        appears; or
                            (C) the identity of the candidate is 
                        apparent by unambiguous reference.
                (19) The term ``Act'' means the Federal Election 
            Campaign Act of 1971 as amended. (Feb. 7, 1972, Pub. L. 92-
            225, Sec. 301, 86 Stat. 11; amended Oct. 15, 1974, Pub. L. 
            93-443, Sec. 201(a), 208(c)(1), 88 Stat. 1272, 1286; amended 
            May 11, 1976, Pub. L. 94-283, Sec. 102, 115(d), (h), 90 
            Stat. 478, 495, 496; amended Jan. 8, 1980, Pub. L. 96-187, 
            Title I, Sec. 101, 93 Stat. 1339; Oct. 22, 1986, Pub. L. 99-
            514, Sec. 2, 100 Stat. 2095.)
     399.9
     399.9  Sec. 432. Organization of political committees.
            (a) Treasurer; vacancy; official authorizations
                Every political committee shall have a treasurer. No 
            contribution or expenditure shall be accepted or made by or 
            on behalf of a political committee during any period in 
            which the office of treasurer is vacant. No expenditure 
            shall be made for or on behalf of a political committee 
            without the authorization of the treasurer or his or her 
            designated agent.
            (b) Account of contributions; segregated funds
                (1) Every person who receives a contribution for an 
            authorized political committee shall, no later than 10 days 
            after receiving such contribution, forward to the treasurer 
            such contribution, and if the amount of the

[[Page 362]]

            contribution is in excess of $50 the name and address of the 
            person making the contribution and the date of receipt.
                (2) Every person who receives a contribution for a 
            political committee which is not an authorized committee 
            shall--
                            (A) if the amount of the contribution is $50 
                        or less, forward to the treasurer such 
                        contribution no later than 30 days after 
                        receiving the contribution; and
                            (B) if the amount of the contribution is in 
                        excess of $50, forward to the treasurer such 
                        contribution, the name and address of the person 
                        making the contribution, and the date of receipt 
                        of the contribution, no later than 10 days after 
                        receiving the contribution.
                (3) All funds of a political committee shall be 
            segregated from, and may not be commingled with, the 
            personal funds of any individual.
            (c) Recordkeeping
                The treasurer of a political committee shall keep an 
            account of--
                            (1) all contributions received by or on 
                        behalf of such political committee;
                            (2) the name and address of any person who 
                        makes any contribution in excess of $50, 
                        together with the date and amount of such 
                        contribution by any person;
                            (3) the identification of any person who 
                        makes a contribution or contributions 
                        aggregating more than $200 during a calendar 
                        year, together with the date and amount of any 
                        such contribution;
                            (4) the identification of any political 
                        committee which makes a contribution, together 
                        with the date and amount of any such 
                        contribution; and
                            (5) the name and address of every person to 
                        whom any disbursement is made, the date, amount, 
                        and purpose of the disbursement, and the name of 
                        the candidate and the office sought by the 
                        candidate, if any, for whom the disbursement was 
                        made, including a receipt, invoice, or canceled 
                        check for each disbursement in excess of $200.
            (d) Preservation of records and copies of reports
                The treasurer shall preserve all records required to be 
            kept by this section and copies of all reports required to 
            be filed by this subchapter for 3 years after the report is 
            filed. For any report filed in electronic format under 
            section 434(a)(11) of this title, the treasurer shall retain 
            a machine-readable copy of the report as the copy preserved 
            under the preceding sentence.
            (e) Principal and additional campaign committees; 
                designations, status of candidate, authorized 
                committees, etc.
                (1) Each candidate for Federal office (other than the 
            nominee for the office of Vice President) shall designate in 
            writing a political committee in accordance with paragraph 
            (3) to serve as the principal campaign committee of such 
            candidate. Such designation shall be made no later than 15 
            days after becoming a candidate. A candidate may designate 
            additional political committees in accordance with paragraph 
            (3) to serve as authorized committees of such candidate. 
            Such designation shall be in writing and filed with the 
            principal campaign committee of such candidate in accordance 
            with subsection (f)(1) of this section.

[[Page 363]]

                (2) Any candidate described in paragraph (1) who 
            receives a contribution, or any loan for use in connection 
            with the campaign of such candidate for election, or makes a 
            disbursement in connection with such campaign, shall be 
            considered, for purposes of this Act, as having received the 
            contribution or loan, or as having made the disbursement, as 
            the case may be, as an agent of the authorized committee or 
            committees of such candidate.
                (3)(A) No political committee which supports or has 
            supported more than one candidate may be designated as an 
            authorized committee, except that--
                            (i) the candidate for the office of 
                        President nominated by a political party may 
                        designate the national committee of such 
                        political party as a principal campaign 
                        committee, but only if that national committee 
                        maintains separate books of account with respect 
                        to its function as a principal campaign 
                        committee; and
                            (ii) candidates may designate a political 
                        committee established solely for the purpose of 
                        joint fundraising by such candidates as an 
                        authorized committee.
                (B) As used in this section, the term ``support'' does 
            not include a contribution by any authorized committee in 
            amounts of $1,000 or less to an authorized committee of any 
            other candidate.
                (4) The name of each authorized committee shall include 
            the name of the candidate who authorized such committee 
            under paragraph (1). In the case of any political committee 
            which is not an authorized committee, such political 
            committee shall not include the name of any candidate in its 
            name.
                (5) The name of any separate segregated fund established 
            pursuant to section 441b(b) of this title shall include the 
            name of its connected organization.
            (f) Filing with and receipt of designations, statements, and 
                reports by principal campaign committee
                (1) Notwithstanding any other provision of this Act, 
            each designation, statement, or report of receipts or 
            disbursements made by an authorized committee of a candidate 
            shall be filed with the candidate's principal campaign 
            committee.
                (2) Each principal campaign committee shall receive all 
            designations, statements, and reports required to be filed 
            with it under paragraph (1) and shall compile and file such 
            designations, statements, and reports in accordance with 
            this Act.
            (g) Filing with and receipt of designations, statements, and 
                reports by Secretary of the Senate; forwarding to 
                Commission; filing requirements with Commission; public 
                inspection and preservation of designations, etc.
                (1) Designations, statements, and reports required to be 
            filed under this Act by a candidate for the office of 
            Senator, by the principal campaign committee of such 
            candidate, and by the Republican and Democratic Senatorial 
            Campaign Committees shall be filed with the Secretary of the 
            Senate, who shall receive such designations, statements, and 
            reports, as custodian for the Commission.
                (2) The Secretary of the Senate shall forward a copy of 
            any designation, statement, or report filed with the 
            Secretary under this subsection

[[Page 364]]

            to the Commission as soon as possible (but no later than 2 
            working days) after receiving such designation, statement, 
            or report.
                (3) All designations, statements, and reports required 
            to be filed under this Act, except designations, statements, 
            and reports filed in accordance with paragraph (1), shall be 
            filed with the Commission.
                (4) The Secretary of the Senate shall make the 
            designations, statements, and reports received under this 
            subsection available for public inspection and copying in 
            the same manner as the Commission under section 438(a)(4) of 
            this title, and shall preserve such designations, 
            statements, and reports in the same manner as the Commission 
            under section 438(a)(5) of this title.
            (h) Campaign depositories; designations, maintenance of 
                accounts, etc.; petty cash fund for disbursements; 
                record of disbursements
                (1) Each political committee shall designate one or more 
            State banks, federally chartered depository institutions, or 
            depository institutions the deposits or accounts of which 
            are insured by the Federal Deposit Insurance Corporation, 
            the Federal Savings and Loan Insurance Corporation, or the 
            National Credit Union Administration, as its campaign 
            depository or depositories. Each political committee shall 
            maintain at least one checking account and such other 
            accounts as the committee determines at a depository 
            designated by such committee. All receipts received by such 
            committee shall be deposited in such accounts. No 
            disbursements may be made (other than petty cash 
            disbursements under paragraph (2)) by such committee except 
            by check drawn on such accounts in accordance with this 
            section.
                (2) A political committee may maintain a petty cash fund 
            for disbursements not in excess of $100 to any person in 
            connection with a single purchase or transaction. A record 
            of all petty cash disbursements shall be maintained in 
            accordance with subsection (c)(5) of this section.
                (i) When the treasurer of a political committee shows 
            that best efforts have been used to obtain, maintain, and 
            submit the information required by this Act for the 
            political committee, any report or any records of such 
            committee shall be considered in compliance with this Act or 
            chapter 95 or chapter 96 of title 26. (Feb. 7, 1972, Pub. L. 
            92-225, Sec. 302, 86 Stat. 12; amended Oct. 15, 1974, Pub. 
            L. 93-443, Sec. 202, 208(c)(2), 88 Stat. 1275, 1286; amended 
            May 11, 1976, Pub. L. 94-283, Sec. 103, 90 Stat. 480; 
            amended Jan. 8, 1980, Pub. L. 96-187, Title I, Sec. 102, 93 
            Stat. 1345; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
            2095; Pub. L. 104-79, Sec. 1(b), 3(a), Dec. 28, 1995, 109 
            Stat. 791, 792.)
    399.10
    399.10  Sec. 433. Registration of political committees.
            (a) Statements of organizations
                Each authorized campaign committee shall file a 
            statement of organization no later than 10 days after 
            designation pursuant to section 432(e)(1) of this title. 
            Each separate segregated fund established under the 
            provisions of section 441b(b) of this title shall file a 
            statement of organization no later than 10 days after 
            establishment. All other committees shall file a statement 
            or organization within 10 days after becoming a political 
            committee within the meaning of section 431(4) of this 
            title.
            (b) Contents of statements
                The statement of organization of a political committee 
            shall include--

[[Page 365]]

                            (1) the name, address, and type of 
                        committee;
                            (2) the name, address, relationship, and 
                        type of any connected organization or affiliated 
                        committee;
                            (3) the name, address, and position of the 
                        custodian of books and accounts of the 
                        committee;
                            (4) the name and address of the treasurer of 
                        the committee;
                            (5) if the committee is authorized by a 
                        candidate, the name, address, office sought, and 
                        party affiliation of the candidate; and
                            (6) a listing of all banks, safety deposit 
                        boxes, or other depositories used by the 
                        committee.
            (c) Change of information in statements
                Any change in information previously submitted in a 
            statement of organization shall be reported in accordance 
            with section 432(g) of this title no later than 10 days 
            after the date of the change.
            (d) Termination, etc., requirements and authorities
                (1) A political committee may terminate only when such a 
            committee files a written statement, in accordance with 
            section 432(g) of this title, that it will no longer receive 
            any contributions or make any disbursements and that such 
            committee has no outstanding debts or obligations.
                (2) Nothing contained in this subsection may be 
            construed to eliminate or limit the authority of the 
            Commission to establish procedures for--
                            (A) the determination of insolvency with 
                        respect to any political committee;
                            (B) the orderly liquidation of an insolvent 
                        political committee, and the orderly application 
                        of its assets for the reduction of outstanding 
                        debts; and
                            (C) the termination of an insolvent 
                        political committee after such liquidation and 
                        application of assets.

            (Feb. 7, 1972, Pub. L. 92-225, Sec. 303, 86 Stat. 14; 
            amended Oct. 15, 1974, Pub. L. 93-443, Sec. 203, 208(c)(3), 
            88 Stat. 1276, 1886; amended Jan. 8, 1980, Pub. L. 96-187, 
            Title I, Sec. 103, 93 Stat. 1347.)

    399.11
    399.11  Sec. 434. Reporting requirements.
            (a) Receipts and disbursements by treasurers of political 
                committees; filing requirements
                (1) Each treasurer of a political committee shall file 
            reports of receipts and disbursements in accordance with the 
            provisions of this subsection. The treasurer shall sign each 
            such report.
                (2) If the political committee is the principal campaign 
            committee of a candidate for the House of Representatives or 
            for the Senate--
                            (A) in any calendar year during which there 
                        is regularly scheduled election for which such 
                        candidate is seeking election, or nomination for 
                        election, the treasurer shall file the following 
                        reports:

                                (i) a pre-election report, which shall 
                            be filed no later than the 12th day before 
                            (or posted by registered or certified mail 
                            no later than the 15th day before) any 
                            election in which such candidate is seeking 
                            election, or nomination for election, and 
                            which shall be complete as of the 20th day 
                            before such election;

                                (ii) a post-general election report, 
                            which shall be filed no later than the 30th 
                            day after any general election in which such 
                            candidate has sought election, and which 
                            shall be complete as of the 20th day after 
                            such general election; and

[[Page 366]]

                                (iii) additional quarterly reports, 
                            which shall be filed no later than the 15th 
                            day after the last day of each calendar 
                            quarter, and which shall be complete as of 
                            the last day of each calendar quarter: 
                            except that the report for the quarter 
                            ending December 31 shall be filed no later 
                            than January 31 of the following calendar 
                            year; and

                            (B) in any other calendar year the following 
                        reports shall be filed:

                                (i) a report covering the period 
                            beginning January 1 and ending June 30, 
                            which shall be filed no later than July 31; 
                            and

                                (ii) a report covering the period 
                            beginning July 1 and ending December 31, 
                            which shall be filed no later than January 
                            31 of the following calendar year.

                (3) If the committee is the principal campaign committee 
            of a candidate for the office of President--
                            (A) in any calendar year during which a 
                        general election is held to fill such office--

                                (i) the treasurer shall file monthly 
                            reports if such committee has on January 1 
                            of such year, received contributions 
                            aggregating $100,000 or made expenditures 
                            aggregating $100,000 or anticipates 
                            receiving contributions aggregating $100,000 
                            or more or making expenditures aggregating 
                            $100,000 or more during such year: such 
                            monthly reports shall be filed no later than 
                            the 20th day after the last day of each 
                            month and shall be complete as of the last 
                            day of the month, except that, in lieu of 
                            filing the report otherwise due in November 
                            and December, a pre-general election report 
                            shall be filed in accordance with paragraph 
                            (2)(A)(i), a post-general election report 
                            shall be filed in accordance with paragraph 
                            (2)(A)(ii), and a year end report shall be 
                            filed no later than January 31 of the 
                            following calendar year;

                                (ii) the treasurer of the other 
                            principal campaign committees of a candidate 
                            for the office of President shall file a 
                            pre-election report or reports in accordance 
                            with paragraph (2)(A)(i), a post-general 
                            election report in accordance with paragraph 
                            (2)(A)(ii), and quarterly reports in 
                            accordance with paragraph (2)(A)(iii); and

                                (iii) if at any time during the election 
                            year a committee filing under paragraph 
                            (3)(A)(ii) receives contributions in excess 
                            of $100,000 or makes expenditures in excess 
                            of $100,000, the treasurer shall begin 
                            filing monthly reports under paragraph 
                            (3)(A)(i) at the next reporting period; and

                            (B) in any other calendar year, the 
                        treasurer shall file either--

                                (i) monthly reports, which shall be 
                            filed no later than the 20th day after the 
                            last day of each month and shall be complete 
                            as of the last day of the month; or

                                (ii) quarterly reports, which shall be 
                            filed no later than the 15th day after the 
                            last day of each calendar quarter and which 
                            shall be complete as of the last day of each 
                            calendar quarter.

                (4) All political committees other than authorized 
            committees of a candidate shall file either--
                            (A)(i) quarterly reports, in a calendar year 
                        in which a regularly scheduled general election 
                        is held, which shall be filed no later than the 
                        15th day after the last day of each calendar 
                        quarter:

[[Page 367]]

                        except that the report for the quarter ending on 
                        December 31 of such calendar year shall be filed 
                        no later than January 31 of the following 
                        calendar year;
                            (ii) a pre-election report, which shall be 
                        filed no later than the 12th day before (or 
                        posted by registered or certified mail no later 
                        than the 15th day before) any election in which 
                        the committee makes a contribution to or 
                        expenditure on behalf of a candidate in such 
                        election, and which shall be complete as of the 
                        20th day before the election;
                            (iii) a post-general election report, which 
                        shall be filed no later than the 30th day after 
                        the general election and which shall be complete 
                        as of the 20th day after such general election; 
                        and
                            (iv) in any other calendar year, a report 
                        covering the period beginning January 1 and 
                        ending June 30, which shall be filed no later 
                        than July 31 and a report covering the period 
                        beginning July 1 and ending December 31, which 
                        shall be filed no later than January 31 of the 
                        following calendar year; or
                            (B) monthly reports in all calendar years 
                        which shall be filed no later than the 20th day 
                        after the last day of the month and shall be 
                        complete as of the last day of the month, except 
                        that, in lieu of filing the reports otherwise 
                        due in November and December of any year in 
                        which a regularly scheduled general election is 
                        held, a pre-general election report shall be 
                        filed in accordance with paragraph (2)(A)(i), a 
                        post-general election report shall be filed in 
                        accordance with paragraph (2)(A)(ii), and a year 
                        end report shall be filed no later than January 
                        31 of the following calendar year.
                (5) If a designation, report, or statement filed 
            pursuant to this Act (other than under paragraph (2)(A)(i) 
            or (4)(A)(ii)) is sent by registered or certified mail, the 
            United States postmark shall be considered the date of 
            filing of the designation, report, or statement.
                (6)(A) The principal campaign committee of a candidate 
            shall notify the Secretary or the Commission, and the 
            Secretary of State, as appropriate, in writing, of any 
            contribution of $1,000 or more received by any authorized 
            committee of such candidate after the 20th day, but more 
            than 48 hours before, any election. This notification shall 
            be made within 48 hours after the receipt of such 
            contribution and shall include the name of the candidate and 
            the office sought by the candidate, the identification of 
            the contributor, and the date of receipt and amount of the 
            contribution.
                (B) The notification required under this paragraph shall 
            be in addition to all other reporting requirements under 
            this Act.
                (7) The reports required to be filed by this subsection 
            shall be cumulative during the calendar year to which they 
            relate, but where there has been no change in an item 
            reported in a previous report during such year, only the 
            amount need be carried forward.
                (8) The requirement for a political committee to file a 
            quarterly report under paragraph (2)(A)(iii) or paragraph 
            (4)(A)(i) shall be waived if such committee is required to 
            file a pre-election report under paragraph (2)(A)(i), or 
            paragraph (4)(A)(ii) during the period beginning on the 5th 
            day after the close of the calendar quarter and ending on 
            the 15th day after the close of the calendar quarter.
                (9) The Commission shall set filing dates for reports to 
            be filed by principal campaign committees of candidates 
            seeking election, or nomina

[[Page 368]]

            tion for election, in special elections and political 
            committees filing under paragraph (4)(A) which make 
            contributions to or expenditures on behalf of a candidate or 
            candidates in special elections. The Commission shall 
            require no more than one pre-election report for each 
            election and one post-election report for the election which 
            fills the vacancy. The Commission may waive any reporting 
            obligation of committees required to file for special 
            elections if any report required by paragraph (2) or (4) is 
            required to be filed within 10 days of a report required 
            under this subsection. The Commission shall establish the 
            reporting dates within 5 days of the setting of such 
            election and shall publish such dates and notify the 
            principal campaign committees of all candidates in such 
            election of the reporting dates.
                (10) The treasurer of a committee supporting a candidate 
            for the office of Vice President (other than the nominee of 
            a political party) shall file reports in accordance with 
            paragraph (3).
                (11)(A) The Commission shall permit reports required by 
            this Act to be filed and preserved by means of computer disk 
            or any other appropriate electronic format or method, as 
            determined by the Commission.
                (B) In carrying out subparagraph (A) with respect to 
            filing of reports, the Commission shall provide for one or 
            more methods (other than requiring a signature on the report 
            being filed) for verifying reports filed by means of 
            computer disk or other electronic format or method. Any 
            verification under the preceding sentence shall be treated 
            for all purposes (including penalties for perjury) in the 
            same manner as a verification by signature.
                (C) As used in this paragraph, the term ``report'' 
            means, with respect to the Commission, a report, 
            designation, or statement required by this Act to be filed 
            with the Commission.
            (b) Contents of reports
                Each report under this section shall disclose--
                            (1) the amount of cash on hand at the 
                        beginning of the reporting period;
                            (2) for the reporting period and the 
                        calendar year, the total amount of all receipts, 
                        and the total amount of all receipts in the 
                        following categories:

                                (A) contributions from persons other 
                            than political committees;

                                (B) for an authorized committee, 
                            contributions from the candidate;

                                (C) contributions from political party 
                            committees;

                                (D) contributions from other political 
                            committees;

                                (E) for an authorized committee, 
                            transfers from other authorized committees 
                            of the same candidate;

                                (F) transfers from affiliated committees 
                            and, where the reporting committee is a 
                            political party committee, transfers from 
                            other political party committees, regardless 
                            of whether such committees are affiliated;

                                (G) for an authorized committee, loans 
                            made by or guaranteed by the candidate;

                                (H) all other loans;

                                (I) rebates, refunds, and other offsets 
                            to operating expenditures;

                                (J) dividends, interest, and other forms 
                            of receipts; and

[[Page 369]]

                                (K) for an authorized committee of a 
                            candidate for the office of President, 
                            Federal funds received under chapter 95 and 
                            chapter 96 of title 26;

                            (3) the identification of each--

                                (A) person (other than a political 
                            committee) who makes a contribution to the 
                            reporting committee during the reporting 
                            period, whose contribution or contributions 
                            have an aggregate amount or value in excess 
                            of $200 within the calendar year, or in any 
                            lesser amount if the reporting committee 
                            should so elect, together with the date and 
                            amount of any such contribution;

                                (B) political committee which makes a 
                            contribution to the reporting committee 
                            during the reporting period, together with 
                            the date and amount of any such 
                            contribution;

                                (C) authorized committee which makes 
                            transfer to the reporting committee;

                                (D) affiliated committee which makes a 
                            transfer to the reporting committee during 
                            the reporting period and, where the 
                            reporting committee is a political party 
                            committee, each transfer of funds to the 
                            reporting committee from another political 
                            party committee, regardless of whether such 
                            committees are affiliated, together with the 
                            date and amount of such transfer;

                                (E) person who makes a loan to the 
                            reporting committee during the reporting 
                            period, together with the identification of 
                            any endorser or guarantor of such loan, and 
                            the date and amount or value of such loan;

                                (F) person who provides a rebate, 
                            refund, or other offset to operating 
                            expenditures to the reporting committee in 
                            an aggregate amount or value in excess of 
                            $200 within the calendar year, together with 
                            the date and amount of such receipt; and

                                (G) person who provides any dividend, 
                            interest, or other receipt to the reporting 
                            committee in an aggregate value or amount in 
                            excess of $200 within the calendar year, 
                            together with the date and amount of any 
                            such receipt;

                            (4) for the reporting period and the 
                        calendar year, the total amount of all 
                        disbursements, and all disbursements in the 
                        following categories:

                                (A) expenditures made to meet candidate 
                            or committee operating expenses;

                                (B) for authorized committees, transfers 
                            to other committees authorized by the same 
                            candidate;

                                (C) transfers to affiliated committees 
                            and, where the reporting committee is a 
                            political party committee, transfers to 
                            other political party committees, regardless 
                            of whether they are affiliated;

                                (D) for an authorized committee, 
                            repayment of loans made by or guaranteed by 
                            the candidate;

                                (E) repayment of all other loans;

                                (F) contribution refunds and other 
                            offsets to contributions;

                                (G) for an authorized committee, any 
                            other disbursements;

                                (H) for any political committee other 
                            than an authorized committee--

                                        (i) contributions made to other 
                                    political committees;

                                        (ii) loans made by the reporting 
                                    committees;

[[Page 370]]

                                        (iii) independent expenditures;

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

                                        (v) any other disbursements; and

                                (I) for an authorized committee of a 
                            candidate for the office of President, 
                            disbursements not subject to the limitation 
                            of section 441a(b) of this title;

                            (5) the name and address of each--

                                (A) person to whom an expenditure in an 
                            aggregate amount or value in excess of $200 
                            within the calendar year is made by the 
                            reporting committee to meet a candidate or 
                            committee operating expense, together with 
                            the date, amount, and purpose of such 
                            operating expenditure;

                                (B) authorized committee to which a 
                            transfer is made by the reporting committee;

                                (C) affiliated committee to which a 
                            transfer is made by the reporting committee 
                            during the reporting period and, where the 
                            reporting committee is a political party 
                            committee, each transfer of funds by the 
                            reporting committee to anther political 
                            party committee, regardless of whether such 
                            committees are affiliated, together with the 
                            date and amount of such transfers;

                                (D) person who receives loan repayment 
                            from the reporting committee during the 
                            reporting period, together with the date and 
                            amount of such loan repayment; and

                                (E) person who receives a contribution 
                            refund or other offset to contributions from 
                            the reporting committee where such 
                            contribution was reported under paragraph 
                            3(A) of this subsection, together with the 
                            date and amount of such disbursement;

                            (6)(A) for an authorized committee, the name 
                        and address of each person who has received any 
                        disbursement not disclosed under paragraph (5) 
                        in an aggregate amount or value in excess of 
                        $200 within the calendar year, together with the 
                        date and amount of any such disbursement;
                            (B) for any other political committee, the 
                        name and address of each--

                                (i) political committee which has 
                            received a contribution from the reporting 
                            committee during the reporting period, 
                            together with the date and amount of any 
                            such contribution;

                                (ii) person who has received a loan from 
                            the reporting committee during the reporting 
                            period, together with the date and amount of 
                            such loan;

                                (iii) person who receives any 
                            disbursement during the reporting period in 
                            an aggregate amount or value in excess of 
                            $200 within the calendar year in connection 
                            with an independent expenditure by the 
                            reporting committee, together with the date, 
                            amount, and purpose of any such independent 
                            expenditure and a statement which indicates 
                            whether such independent expenditure is in 
                            support of, or in opposition to, a 
                            candidate, as well as the name and office 
                            sought by such candidate, and a 
                            certification, under penalty of perjury, 
                            whether such independent expenditure is made 
                            in cooperation, consultation, or concert, 
                            with, or at the request or suggestion of any 
                            candidate or any authorized committee or 
                            agent of such committee;

[[Page 371]]

                                (iv) person who receives any expenditure 
                            from the reporting committee during the 
                            reporting period in connection with an 
                            expenditure under section 441a(d) of this 
                            title, together with the date, amount, and 
                            purpose of any such expenditure as well as 
                            the name of, and office sought by, the 
                            candidate on whose behalf the expenditure is 
                            made; and

                                (v) person who has received any 
                            disbursement not otherwise disclosed in this 
                            paragraph or paragraph (5) in an aggregate 
                            amount or value in excess of $200 within the 
                            calendar year from the reporting committee 
                            within the reporting period, together with 
                            the date, amount, and purpose of any such 
                            disbursement;

                            (7) the total sum of all contributions to 
                        such political committee, together with the 
                        total contributions less offsets to 
                        contributions and the total sum of all operating 
                        expenditures made by such political committee, 
                        together with total operating expenditures less 
                        offsets to operating expenditures, for both the 
                        reporting period and the calendar year; and
                            (8) the amount and nature of outstanding 
                        debts and obligations owed by or to such 
                        political committee; and where such debts and 
                        obligations are settled for less than their 
                        reported amount or value, a statement as to the 
                        circumstances and conditions under which such 
                        debts or obligations were extinguished and the 
                        consideration therefor.
            (c) Statements by other than political committees; filing; 
                contents; indices of expenditures
                (1) Every person (other than a political committee) who 
            makes independent expenditures in an aggregate amount or 
            value in excess of $250 during a calendar year shall file a 
            statement containing the information requiring under 
            subsection (b)(3)(A) of this section for all contributions 
            received by such person.
                (2) Statements required to be filed by this subsection 
            shall be filed in accordance with subsection (a)(2) of this 
            section, and shall include--
                            (A) the information required by subsection 
                        (b)(6)(B)(iii) of this section, indicating 
                        whether the independent expenditure is in 
                        support of, or in opposition to, the candidate 
                        involved;
                            (B) under penalty of perjury, a 
                        certification whether or not such independent 
                        expenditure is made in cooperation, 
                        consultation, or concert, with, or at the 
                        request or suggestion of, any candidate or any 
                        authorized committee or agent of such candidate; 
                        and
                            (C) the identification of each person who 
                        made a contribution in excess of $200 to the 
                        person filing such statement which was made for 
                        the purpose of furthering an independent 
                        expenditure.

            Any independent expenditure (including those described in 
            subsection (b)(6)(B)(iii) of this section) aggregating 
            $1,000 or more made after the 20th day, but more than 24 
            hours, before any election shall be reported within 24 hours 
            after such independent expenditure is made. Such statement 
            shall be filed with the Secretary or the Commission and the 
            Secretary of State and shall contain the information 
            required by subsection (b)(6)(B)(iii) of this section 
            indicating whether the independent expenditure is in support 
            of, or in opposition to, the candidate involved.

                (3) The Commission shall be responsible for 
            expeditiously preparing indices which set forth, on a 
            candidate-by-candidate basis, all inde

[[Page 372]]

            pendent expenditures separately, including those reported 
            under subsection (b)(6)(B)(iii) of this section, made by or 
            for each candidate, as reported under this subsection, and 
            for periodically publishing such indices on a timely pre-
            election basis. (Pub. L. 92-225, Title III, Sec. 304, Feb. 
            7, 1972, 86 Stat. 14; Pub. L. 93-443, Title II, Sec. 204(a)-
            (d), 208(c)(4), Oct. 15, 1974, 88 Stat. 1276-1278, 1286; 
            Pub. L. 94-283, Title I, Sec. 104, May 11, 1976, 90 Stat. 
            480; Pub. L. 96-187, Title I, Sec. 104, Jan. 8, 1980, 93 
            Stat. 1348; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
            2095; Pub. L. 104-79, Sec. 1(a), 3(b), Dec. 28, 1995, 109 
            Stat. 791, 792; Pub. L. 106-58, Title VI, Sec. 639(a), 
            641(a), Sept. 29, 1999, 113 Stat. 476, 477.)
            Sec. 435. (Repealed.)
                (Feb. 7, 1972, Pub. L. 92-225, Sec. 305, 86 Stat. 16; 
            amended Oct. 15, 1974, Pub. L. 93-443, Sec. 205, 88 Stat. 
            1278; Repealed Jan. 8, 1978, Pub. L. 96-187, Title I, 
            Sec. 105(1), 93 Stat. 1354.)
            Sec. 436. (Repealed.)
                (Feb. 7, 1972, Pub. L. 92-225, Sec. 306, 86 Stat. 16; 
            Oct. 15, 1974, Pub. L. 93-443, Secs. 206, 207, 208(c)(5), 88 
            Stat. 1278, 1279, 1286; May 11, 1976, Pub. L. 94-283, 
            Sec. 115(a), 90 Stat. 495; Repealed Jan. 8, 1980, Pub. L. 
            96-187, Title I, Sec. 105(1), 93 Stat. 1354.)
    399.14
    399.14  Sec. 437. Reports on convention financing.
                Each committee or other organization which--
                            (1) represents a State, or a political 
                        subdivision thereof, or any group of persons, in 
                        dealing with officials of a national political 
                        party with respect to matters involving a 
                        convention held in such State or political 
                        subdivision to nominate a candidate for the 
                        office of President or Vice President, or
                            (2) represents a national political party in 
                        making arrangements for the convention of such 
                        party held to nominate a candidate for the 
                        office of President or Vice President,

            shall, within 60 days following the end of the convention 
            (but not later than 20 days prior to the date on which 
            presidential and vice presidential electors are chosen), 
            file with the Commission a full and complete financial 
            statement, in such form and detail as it may prescribe, of 
            the sources from which it derived its funds, and the 
            purposes for which such funds were expended. (Feb. 7, 1972, 
            Pub. L. 92-225, Sec. 307, 86 Stat. 16; Oct. 15, 1974, Pub. 
            L. 93-443, Sec. 208(c)(6), 88 Stat. 1286; Jan. 8, 1980, Pub. 
            L. 96-187, Title I, Secs. 105(2), 112a, 93 Stat. 1354, 
            1366.)

            Sec. 437a. (Repealed.)
            Sec. 437b. (Repealed.)
                (Oct. 15, 1974, Pub. L. 93-443, Sec. 208(a), 88 Stat. 
            1280; May 11, 1976, Pub. L. 94-283, Secs. 105, 106, 115(i), 
            90 Stat. 481, 496; Jan. 8, 1980, Pub. L. 96-187, Title I, 
            Sec. 105(1), 93 Stat. 1354.)
  399.14-3
  399.14-3  Sec. 437c. Federal Election Commission.
            (a) Establishment; membership; term of office; vacancies; 
                qualifications; compensation; chairman and vice chairman
                (1) There is established a commission to be known as the 
            Federal Election Commission. The Commission is composed of 
            the Secretary of the Senate and the Clerk of the House of 
            Representatives or their des

[[Page 373]]

            ignees, ex officio and without the right to vote, and 6 
            members appointed by the President, by and with the advice 
            and consent of the Senate. No more than 3 members of the 
            Commission appointed under this paragraph may be affiliated 
            with the same political party.
                (2)(A) Members of the Commission shall serve for a 
            single term of 6 years, except that of the members first 
            appointed--
                            (i) two of the members, not affiliated with 
                        the same political party, shall be appointed for 
                        terms ending on April 30, 1977;
                            (ii) two of the members, not affiliated with 
                        the same political party, shall be appointed for 
                        terms ending on April 30, 1979; and
                            (iii) two of the members, not affiliated 
                        with the same political party, shall be 
                        appointed for terms ending on April 30, 1981.
                (B) A member of the Commission may serve on the 
            Commission after the expiration of his or her term until his 
            or her successor has taken office as a member of the 
            Commission.
                (C) An individual appointed to fill a vacancy occurring 
            other than by the expiration of a term of office shall be 
            appointed only for the unexpired term of the member he or 
            she succeeds.
                (D) Any vacancy occurring in the membership of the 
            Commission shall be filled in the same manner as in the case 
            of the original appointment.
                (3) Members shall be chosen on the basis of their 
            experience, integrity, impartiality, and good judgment and 
            members (other than the Secretary of the Senate and the 
            Clerk of the House of Representatives) shall be individuals 
            who, at the time appointed to the Commission, are not 
            elected or appointed officers or employees in the executive, 
            legislative, or judicial branch of the Federal Government. 
            Such members of the Commission shall not engage in any other 
            business, vocation, or employment. Any individual who is 
            engaging in any other business, vocation, or employment at 
            the time of his or her appointment to the Commission shall 
            terminate or liquidate such activity no later than 90 days 
            after such appointment.
                (4) Members of the Commission (other than the Secretary 
            of the Senate and the Clerk of the House of Representatives) 
            shall receive compensation equivalent to the compensation 
            paid at level IV of the Executive Schedule (section 5315 of 
            title 5).
                (5) The Commission shall elect a chairman and a vice 
            chairman from among its members (other than the Secretary of 
            the Senate and the Clerk of the House of Representatives) 
            for a term of one year. A member may serve as chairman only 
            once during any term of office to which such member is 
            appointed. The chairman and the vice chairman shall not be 
            affiliated with the same political party. The vice chairman 
            shall act as chairman in the absence or disability of the 
            chairman or in the event of a vacancy in such office.
            (b) Administration, enforcement, and formulation of policy; 
                exclusive jurisdiction of civil enforcement; 
                Congressional authorities or functions with respect to 
                elections for Federal office
                (1) The Commission shall administer, seek to obtain 
            compliance with, and formulate policy with respect to, this 
            Act and chapter 95 and chapter 96 of title 26. The 
            Commission shall have exclusive jurisdiction with respect to 
            this civil enforcement of such provisions.
                (2) Nothing in this Act shall be construed to limit, 
            restrict, or diminish any investigatory, informational, 
            oversight, supervisory, or disciplinary

[[Page 374]]

            authority or function of the Congress or any committee of 
            the Congress with respect to elections for Federal office.
            (c) Voting requirements; delegation of authorities
                All decisions of the Commission with respect to the 
            exercise of its duties and powers under the provisions of 
            this Act shall be made by a majority vote of the members of 
            the Commission. A member of the Commission may not delegate 
            to any person his or her vote or any decisionmaking 
            authority or duty vested in the Commission by the provisions 
            of this Act, except that the affirmative vote of 4 members 
            of the Commission shall be required in order for the 
            Commission to take any action in accordance with paragraph 
            (6), (7), (8), or (9) of section 437d(a) of this title or 
            with chapter 95 or chapter 96 of title 26.
            (d) Meetings
                The Commission shall meet at least once each month and 
            also at the call of any member.
            (e) Rules for conduct of activities; judicial notice of 
                seal; principal office
                The Commission shall prepare written rules for the 
            conduct of its activities, shall have an official seal which 
            shall be judicially noticed, and shall have its principal 
            office in or near the District of Columbia (but it may meet 
            or exercise any of its powers anywhere in the United 
            States).
            (f) Staff director and general counsel; appointment and 
                compensation; appointment and compensation of personnel 
                and procurement of intermittent services by staff 
                director; use of assistance, personnel, and facilities 
                of Federal agencies and departments; counsel for defense 
                of actions
                (1) The Commission shall have a staff director and a 
            general counsel who shall be appointed by the Commission. 
            The staff director shall be paid at a rate not to exceed the 
            rate of basic pay in effect for level IV of the Executive 
            Schedule (section 5315 of title 5). The general counsel 
            shall be paid at a rate not to exceed the rate of basic pay 
            in effect for level V of the Executive Schedule (section 
            5316 of title 5). With the approval of the Commission, the 
            staff director may appoint and fix the pay of such 
            additional personnel as he or she considers desirable 
            without regard to the provisions of title 5, governing 
            appointments in the competitive service.
                (2) With the approval of the Commission, the staff 
            director may procure temporary and intermittent services to 
            the same extent as is authorized by section 3109(b) of title 
            5, but at rates for individuals not to exceed the daily 
            equivalent of the annual rate of basic pay in effect for 
            grade GS-15 of the General Schedule (section 5332 of title 
            5).
                (3) In carrying out its responsibilities under this Act, 
            the Commission shall, to the fullest extent practicable, 
            avail itself of the assistance, including personnel and 
            facilities of other agencies and departments of the United 
            States. The heads of such agencies and departments may make 
            available to the Commission such personnel, facilities, and 
            other assistance, with or without reimbursement, as the 
            Commission may request.

[[Page 375]]

                (4) Notwithstanding the provisions of paragraph (2) the 
            Commission is authorized to appear in and defend against any 
            action instituted under this Act, either (A) by attorneys 
            employed in office, or (B) by counsel whom it may appoint, 
            on a temporary basis as may be necessary for such purpose, 
            without regard to the provisions of title 5, governing 
            appointments in the competitive service, and whose 
            compensation it may fix without regard to the provisions of 
            chapter 51 and subchapter III of chapter 53 of such title. 
            The compensation of counsel so appointed on a temporary 
            basis shall be paid out of any funds otherwise available to 
            pay the compensation of employees of the Commission. (Pub. 
            L. 92-225, Title III, Sec. 306, formerly Sec. 310, as added 
            Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 88 
            Stat. 1280, renumbered Sec. 309, and amended Pub. L. 94-283, 
            Title I, Secs. 101(a)-(d), 105, May 11, 1976, 90 Stat. 475, 
            476, 481, renumbered Sec. 306 and amended Pub. L. 96-187, 
            Title I, Secs. 105(3), (6), 112(b), Jan. 8, 1980, 93 Stat. 
            1354, 1366; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
            2095; Pub. L. 105-61, Title V, Sec. 512(a), Oct. 10, 1997, 
            111 Stat. 1305.)
  399.14-4
  399.14-4  Sec. 437d. Powers of Commission.
            (a) Specific authorities
                The Commission has the power--
                            (1) to require by special or general orders, 
                        any person to submit, under oath, such written 
                        reports and answers to questions as the 
                        Commission may prescribe;
                            (2) to administer oaths or affirmations;
                            (3) to require by subpena, signed by the 
                        chairman or the vice chairman, the attendance 
                        and testimony of witnesses and the production of 
                        all documentary evidence relating to the 
                        execution of its duties;
                            (4) in any proceeding or investigation, to 
                        order testimony to be taken by deposition before 
                        any person who is designated by the Commission 
                        and has the power to administer oaths and, in 
                        such instances, to compel testimony and the 
                        production of evidence in the same manner as 
                        authorized under paragraph (3);
                            (5) to pay witnesses the same fees and 
                        mileages as are paid in like circumstances in 
                        the courts of the United States;
                            (6) to initiate (through civil actions for 
                        injunctive, declaratory, or other appropriate 
                        relief), defend (in the case of any civil action 
                        brought under section 437g(a)(8) of this title) 
                        or appeal any civil action in the name of the 
                        Commission to enforce the provisions of this Act 
                        and chapter 95 and chapter 96 of title 26, 
                        through its general counsel;
                            (7) to render advisory opinions under 
                        section 437f of this title;
                            (8) to develop such prescribed forms and to 
                        make, amend, and repeal such rules, pursuant to 
                        the provisions of chapter 5 of title 5, as are 
                        necessary to carry out the provisions of this 
                        Act and chapter 95 and chapter 96 of title 26; 
                        and
                            (9) to conduct investigations and hearings 
                        expeditiously, to encourage voluntary 
                        compliance, and to report apparent violations to 
                        the appropriate law enforcement authorities.

[[Page 376]]

            (b) Judicial orders for compliance with subpenas and orders 
                of commission; contempt of court
                Upon petition by the Commission, any United States 
            district court within the jurisdiction of which any inquiry 
            is being carried on may, in case of refusal to obey a 
            subpena or order of the Commission issued under subsection 
            (a) of this section, issue an order requiring compliance. 
            Any failure to obey the order of the court may be punished 
            by the court as a contempt thereof.
            (c) Civil liability for disclosure of information
                No person shall be subject to civil liability to any 
            person (other than the Commission or the United States) for 
            disclosing information at the request of the Commission.
            (d) Concurrent transmissions to Congress or member of budget 
                estimates, etc.; prior submission of legislative 
                recommendations, testimony, or comments on legislation
                (1) Whenever the Commission submits any budget estimate 
            or request to the President or the Office of Management and 
            Budget, it shall concurrently transmit a copy of such 
            estimate or request to the Congress.
                (2) Whenever the Commission submits any legislative 
            recommendation, or testimony, or comments on legislation, 
            requested by the Congress, or by any Member of the Congress, 
            to the President or the Office of Management and Budget, it 
            shall concurrently transmit a copy thereof to the Congress 
            or to the Member requesting the same. No officer or agency 
            of the United States shall have any authority to require the 
            Commission to submit its legislative recommendations, 
            testimony, or comments on legislation, to any office or 
            agency of the United States for approval, comments, or 
            review, prior to the submission of such recommendations, 
            testimony, or comments to the Congress.
            (e) Exclusive civil remedy for enforcement
                Except as provided in section 437g(a)(8) of this title, 
            the power of the Commission to initiate civil actions under 
            subsection (a)(6) of this section shall be the exclusive 
            civil remedy for the enforcement of the provisions of this 
            Act. (Pub. L. 92-225, Title III, Sec. 307, formerly 
            Sec. 311, as added Pub. L. 93-443, Title II, Sec. 208(a), 
            Oct. 15, 1974, 88 Stat. 1282, renumbered Sec. 310 and 
            amended Pub. L. 94-283, Title I, Secs. 105, 107, 115(b), May 
            11, 1976, 90 Stat. 481, 482, 495, renumbered Sec. 307 and 
            amended Pub. L. 96-187, Title I, Secs. 105(3), 106, Jan. 8, 
            1980, 93 Stat. 1354, 1356; Pub. L. 99-514, Sec. 2, Oct. 22, 
            1986, 100 Stat. 2095.)
            Sec. 437e. (Repealed.)

  

  399.14-6
  399.14-6  Sec. 437f. Advisory opinions.
            (a) Requests by persons, candidates, or authorized 
                committees; subject matter, time for response
                (1) Not later than 60 days after the Commission receives 
            from a person a complete written request concerning the 
            application of this Act, chapter 95 or chapter 96 of title 
            26, or a rule or regulation prescribed by the Commission, 
            with respect to a specific transaction or activity by the 
            person, the Commission shall render a written advisory 
            opinion relating to such transaction or activity to the 
            person.

[[Page 377]]

                (2) If an advisory opinion is requested by a candidate, 
            or any authorized committee of such candidate, during the 
            60-day period before any election for Federal office 
            involving the requesting party, the Commission shall render 
            a written advisory opinion relating to such request no later 
            than 20 days after the Commission receives a complete 
            written request.
            (b) Procedures applicable to initial proposal of rules or 
                regulations, and advisory opinions
                Any rule of law which is not stated in this Act or in 
            chapter 95 or chapter 96 of title 26 may be initially 
            proposed by the Commission only as a rule or regulation 
            pursuant to procedures established in section 438(d) of this 
            title. No opinion of an advisory nature may be issued by the 
            Commission or any of its employees except in accordance with 
            the provisions of this section.
            (c) Persons entitled to rely upon opinions; scope of 
                protection for good faith reliance
                (1) Any advisory opinion rendered by the Commission 
            under subsection (a) may be relied upon by--
                            (A) any person involved in the specific 
                        transaction or activity with respect to which 
                        such advisory opinion is rendered; and
                            (B) any person involved in any specific 
                        transaction or activity which is 
                        indistinguishable in all its material aspects 
                        from the transaction or activity with respect to 
                        which such advisory opinion is rendered.
                (2) Notwithstanding any other provisions of law, any 
            person who relies upon any provision or finding of an 
            advisory opinion in accordance with the provisions of 
            paragraph (1) and who acts in good faith in accordance with 
            the provisions and findings of such advisory opinion shall 
            not, as a result of any such act, be subject to any sanction 
            provided by this Act or by chapter 95 or chapter 96 of title 
            26.
            (d) Requests made public; submission of written comments by 
                interested public
                The Commission shall make public any request made under 
            subsection (a) for an advisory opinion. Before rendering an 
            advisory opinion, the Commission shall accept written 
            comments submitted by any interested party within the 10-day 
            period following the date the request is made public. (Pub. 
            L. 92-225, Title III, Sec. 308, formerly Sec. 313, as added 
            Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 88 
            Stat. 1283, renumbered Sec. 312 and amended Pub. L. 94-283, 
            Title I, Sec. Sec. 105, 108(a), May 11, 1976, 90 Stat. 481, 
            482, renumbered Sec. 308 and amended Pub. L. 96-187, Title 
            I, Secs. 105(4), 107(a), Jan. 8, 1980, 93 Stat. 1354, 1357; 
            Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
            Sec. 437e. (Repealed).

  

  399.14-7
  399.14-7  Sec. 437g. Enforcement.
            (a) Administrative and judicial practice and procedure
                (1) Any person who believes a violation of this Act or 
            of chapter 95 or chapter 96 of title 26 has occurred, may 
            file a complaint with the Commission. Such complaint shall 
            be in writing, signed and sworn to by the person filing such 
            complaint, shall be notarized, and shall be made under 
            penalty of perjury and subject to the provisions of section

[[Page 378]]

            1001 of title 18. Within 5 days after receipt of a 
            complaint, the Commission shall notify, in writing, any 
            person alleged in the complaint to have committed such a 
            violation. Before the Commission conducts any vote on the 
            complaint, other than a vote to dismiss, any person so 
            notified shall have the opportunity to demonstrate, in 
            writing, to the commission within 15 days after notification 
            that no action should be taken against such person on the 
            basis of the complaint. The Commission may not conduct any 
            investigation or take any other action under this section 
            solely on the basis of a complaint of a person whose 
            identity is not disclosed to the Commission.
                (2) If the Commission, upon receiving a complaint under 
            paragraph (1) or on the basis of information ascertained in 
            the normal course of carrying out its supervisory 
            responsibilities, determines, by an affirmative vote of 4 of 
            its members, that it has reason to believe that a person has 
            committed, or is about to commit, a violation of this Act or 
            chapter 95 or chapter 96 of title 26, the Commission shall, 
            through its chairman or vice chairman, notify the person of 
            the alleged violation. Such notification shall set forth the 
            factual basis for such alleged violation. The Commission 
            shall make an investigation of such alleged violation, which 
            may include a field investigation or audit, in accordance 
            with the provisions of this section.
                (3) The general counsel of the Commission shall notify 
            the respondent of any recommendation to the Commission by 
            the general counsel to proceed to a vote on probable cause 
            pursuant to paragraph (4)(A)(i). With such notification, the 
            general counsel shall include a brief stating the position 
            of the general counsel on the legal and factual issues of 
            the case. Within 15 days of receipt of such brief, 
            respondent may submit a brief stating the position of such 
            respondent on the legal and factual issues of the case, and 
            replying to the brief of general counsel. Such briefs shall 
            be filed with the Secretary of the Commission and shall be 
            considered by the Commission before proceeding under 
            paragraph (4).
                (4)(A)(i) Except as provided in clause (ii) and 
            subparagraph (C), if the Commission determines, by an 
            affirmative vote of 4 of its members, that there is probable 
            cause to believe that any person has committed, or is about 
            to commit, a violation of this Act or of chapter 95 or 
            chapter 96 of title 26, the Commission shall attempt, for a 
            period of at least 30 days, to correct or prevent such 
            violation by informal methods of conference, conciliation, 
            and persuasion, and to enter into a conciliation agreement 
            with any person involved. Such attempt by the commission to 
            correct or prevent such violation may continue for a period 
            of not more than 90 days. The Commission may not enter into 
            a conciliation agreement under this clause except pursuant 
            to an affirmative vote of 4 of its members. A conciliation 
            agreement, unless violated, is a complete bar to any further 
            action by the Commission, including the bringing of a civil 
            proceeding under paragraph (6)(A).
                (ii) If any determination of the Commission under clause 
            (i) occurs during the 45-day period immediately preceding 
            any election, then the Commission shall attempt, for a 
            period of at least 15 days, to correct or prevent the 
            violation involved by the methods specified in clause (i).
                (B)(i) No action by the Commission or any person, and no 
            information derived, in connection with any conciliation 
            attempt by the Commission

[[Page 379]]

            under subparagraph (A) may be made public by the Commission 
            without the written consent of the respondent and the 
            Commission.
                (ii) If a conciliation agreement is agreed upon by the 
            Commission and the respondent, the Commission shall make 
            public any conciliation agreement signed by both the 
            Commission and the respondent. If the Commission makes a 
            determination that a person has not violated this Act or 
            chapter 95 or chapter 96 of title 26, the Commission shall 
            make public such determination.
                (C)(i) Notwithstanding subparagraph (A), in the case of 
            a violation of any requirement of section 434(a) of this 
            title, the Commission may--
                            (I) find that a person committed such a 
                        violation on the basis of information obtained 
                        pursuant to the procedures described in 
                        paragraphs (1) and (2); and
                            (II) based on such finding, require the 
                        person to pay a civil money penalty in an amount 
                        determined under a schedule of penalties which 
                        is established and published by the Commission 
                        and which takes into account the amount of the 
                        violation involved, the existence of previous 
                        violations by the person, and such other factors 
                        as the Commission considers appropriate.
                (ii) The Commission may not make any determination 
            adverse to a person under clause (i) until the person has 
            been given written notice and an opportunity to be heard 
            before the Commission.
                (iii) Any person against whom an adverse determination 
            is made under this subparagraph may obtain a review of such 
            determination in the district court of the United States for 
            the district in which the person resides, or transacts 
            business, by filing in such court (prior to the expiration 
            of the 30-day period which begins on the date the person 
            receives notification of the determination) a written 
            petition requesting that the determination be modified or 
            set aside.
                (5)(A) If the Commission believes that a violation of 
            this Act or of chapter 95 or chapter 96 of title 26 has been 
            committed, a conciliation agreement entered into by the 
            Commission under paragraph (4)(A) may include a requirement 
            that the person involved in such conciliation agreement 
            shall pay a civil penalty which does not exceed the greater 
            of $5,000 or an amount equal to any contribution or 
            expenditure involved in such violation.
                (B) If the Commission believes that a knowing and 
            willful violation of this Act or of chapter 95 or chapter 96 
            of title 26 has been committed, a conciliation agreement 
            entered into by the Commission under paragraph (4)(A) may 
            require that the person involved in such conciliation 
            agreement shall pay a civil penalty which does not exceed 
            the greater of $10,000 or an amount equal to 200 percent of 
            any contribution or expenditure involved in such violation.
                (C) If the Commission by an affirmative vote of 4 of its 
            members, determines that there is probable cause to believe 
            that a knowing and willful violation of this Act which is 
            subject to subsection (d) of this section or a knowing and 
            willful violation of chapter 95 or chapter 96 of title 26, 
            has occurred or is about to occur, it may refer such 
            apparent violation to the Attorney General of the United 
            States without regard to any limitations set forth in 
            paragraph (4)(A).
                (D) In any case in which a person has entered into a 
            conciliation agreement with the Commission under paragraph 
            (4)(A), the Commission may institute a civil action for 
            relief under paragraph (6)(A) if it believes

[[Page 380]]

            that the person has violated any provision of such 
            conciliation agreement. For the Commission to obtain relief 
            in any civil action, the Commission need only establish that 
            the person has violated, in whole or in part, any 
            requirement of such conciliation agreement.
                (6)(A) If the Commission is unable to correct or prevent 
            any violation of this Act or of chapter 95 or chapter 96 of 
            title 26, by the methods specified in paragraph (4), the 
            Commission may, upon an affirmative vote of 4 of its 
            members, institute a civil action for relief, including a 
            permanent or temporary injunction, restraining order, or any 
            other appropriate order (including an order for a civil 
            penalty which does not exceed the greater of $5,000 or an 
            amount equal to any contribution or expenditure involved in 
            such violation) in the district court of the United States 
            for the district in which the person against whom such 
            action is brought is found, resides, or transacts business.
                (B) In any civil action instituted by the Commission 
            under subparagraph (A), the court may grant a permanent or 
            temporary injunction, restraining order, or other order, 
            including a civil penalty which does not exceed the greater 
            of $5,000 or an amount equal to any contribution or 
            expenditure involved in such violation, upon a proper 
            showing that the person involved has committed, or is about 
            to commit (if the relief sought is a permanent or temporary 
            injunction or a restraining order), a violation of this Act 
            or chapter 95 or chapter 96 of title 26.
                (C) In any civil action for relief instituted by the 
            Commission under subparagraph (A), if the court determines 
            that the Commission has established that the person involved 
            in such civil action has committed a knowing and willful 
            violation of this Act or of chapter 95 or chapter 96 of 
            title 26, the court may impose a civil penalty which does 
            not exceed the greater of $10,000 or an amount equal to 200 
            percent of any contribution or expenditure involved in such 
            violation.
                (7) In any action brought under paragraph (5) or (6), 
            subpenas for witnesses who are required to attend a United 
            States district court may run into any other district.
                (8)(A) Any party aggrieved by an order of the Commission 
            dismissing a complaint filed by such party under paragraph 
            (1), or by a failure of the Commission to act on such 
            complaint during the 120-day period beginning on the date 
            the complaint is filed, may file a petition with the United 
            States District Court for the District of Columbia.
                (B) Any petition under subparagraph (A) shall be filed, 
            in the case of a dismissal of a complaint by the Commission, 
            within 60 days after the date of the dismissal.
                (C) In any proceeding under this paragraph the court may 
            declare that the dismissal of the complaint or the failure 
            to act is contrary to law, and may direct the Commission to 
            conform with such declaration within 30 days, failing which 
            the complainant may bring, in the name of such complainant, 
            a civil action to remedy the violation involved in the 
            original complaint.
                (9) Any judgment of a district court under this 
            subsection may be appealed to the court of appeals, and the 
            judgment of the court of appeals affirming or setting aside, 
            in whole or in part, any such order of the district court 
            shall be final, subject to review by the Supreme Court of 
            the United States upon certiorari or certification as 
            provided in section 1254 of title 28.
                (10) Repealed. (98 Stat. 3357)

[[Page 381]]

                (11) If the Commission determines after an investigation 
            that any person has violated an order of the court entered 
            in a proceeding brought under paragraph (6), it may petition 
            the court for an order to hold such person in civil 
            contempt, but if it believes the violation to be knowing and 
            willful it may petition the court for an order to hold such 
            person in criminal contempt.
                (12)(A) Any notification or investigation made under 
            this section shall not be made public by the Commission or 
            by any person without the written consent of the person 
            receiving such notification or the person with respect to 
            whom such investigation is made.
                (B) Any member or employee of the Commission, or any 
            other person, who violates the provisions of subparagraph 
            (A) shall be fined not more than $2,000. Any such member, 
            employee, or other person who knowingly and willfully 
            violates the provisions of subparagraph (A) shall be fined 
            not more than $5,000.
            (b) Notice to persons not filing required reports prior to 
                institution of enforcement action; publication of 
                identity of persons and unfiled reports
                Before taking any action under subsection (a) against 
            any person who has failed to file a report required under 
            section 434(a)(2)(A)(iii) of this title for the calendar 
            quarter immediately preceding the election involved, or in 
            accordance with section 434(a)(2)(A)(i) of this title, the 
            Commission shall notify the person of such failure to file 
            the required reports. If a satisfactory response is not 
            received within 4 business days after the date of 
            notification, the Commission shall, pursuant to section 
            438(a)(7) of this title, publish before the election the 
            name of the person and the report or reports such person has 
            failed to file.
            (c) Reports by Attorney General of apparent violations
                Whenever the Commission refers an apparent violation to 
            the Attorney General, the Attorney General shall report to 
            the Commission any action taken by the Attorney General 
            regarding the apparent violation. Each report shall be 
            transmitted within 60 days after the date the Commission 
            refers an apparent violation, and every 30 days thereafter 
            until the final disposition of the apparent violation.
            (d) Penalties; defenses; mitigation of offenses
                (1)(A) Any person who knowingly and willfully commits a 
            violation of any provision of this Act which involves the 
            making, receiving, or reporting of any contribution or 
            expenditure aggregating $2,000 or more during a calendar 
            year shall be fined, or imprisoned for not more than one 
            year, or both. The amount of this fine shall not exceed the 
            greater of $25,000 or 300 percent of any contribution or 
            expenditure involved in such violation.
                (B) In the case of a knowing and willful violation of 
            section 441b(b)(3) of this title, the penalties set forth in 
            this subsection shall apply to a violation involving an 
            amount aggregating $250 or more during a calendar year. Such 
            violation of section 441b(b)(3) of this title may 
            incorporate a violation of section 441c(b), 441f, or 441g of 
            this title.
                (C) In the case of a knowing and willful violation of 
            section 441h of this title, the penalties set forth in this 
            subsection shall apply without regard to whether the making, 
            receiving, or reporting of a contribution or expenditure of 
            $ 1,000 or more is involved.

[[Page 382]]

                (2) In any criminal action brought for a violation of 
            any provision of this Act or of chapter 95 or of chapter 96 
            of title 26, any defendant may evidence their lack of 
            knowledge or intent to commit the alleged violation by 
            introducing as evidence a conciliation agreement entered 
            into between the defendant and the Commission under 
            subsection (a)(4)(A) of this section which specifically 
            deals with the act or failure to act constituting such 
            violation and which is still in effect.
                (3) In any criminal action brought for a violation of 
            any provision of this Act or of chapter 95 or chapter 96 of 
            title 26, the court before which such action is brought 
            shall take into account, in weighing the seriousness of the 
            violation and in considering the appropriateness of the 
            penalty to be imposed if the defendant is found guilty, 
            whether--
                            (A) the specific act or failure to act which 
                        constitutes the violation for which the action 
                        was brought is the subject of a conciliation 
                        agreement entered into between the defendant and 
                        the Commission under subparagraph (a)(4)(A);
                            (B) the conciliation agreement is in effect; 
                        and
                            (C) the defendant is, with respect to the 
                        violation involved, in compliance with the 
                        conciliation agreement.

            (Pub. L. 92-225, Title III, Sec. 309, formerly Sec. 314, as 
            added Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 
            88 Stat. 1284, renumbered Sec. 313 and amended Pub. L. 94-
            283, Title I, Secs. 105, 109, May 11, 1976, 90 Stat. 481, 
            483, renumbered Sec. 309 and amended Pub. L. 96-187, Title 
            I, Secs. 105(4), 108, Jan. 8, 1980, 93 Stat. 1354, 1358; Pub 
            L. 98-620, Title IV, Sec. 402(1)(A), Nov. 8, 1984, 98 Stat. 
            3357; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; 
            Pub. L. 106-58, Title VI, Sec. 640(a)(b), Sept. 29, 1999, 
            113 Stat. 476, 477.)

  399.14-8
  399.14-8  Sec. 437h. Judicial review.
                The Commission, the national committee of any political 
            party, or any individual eligible to vote in any election 
            for the office of President may institute such actions in 
            the appropriate district court of the United States, 
            including actions for declaratory judgment, as may be 
            appropriate to construe the constitutionality of any 
            provision of this Act. The district court immediately shall 
            certify all questions of constitutionality of this Act to 
            the United States court of appeals for the circuit involved, 
            which shall hear the matter sitting en banc.
            (b) Repealed. (102 Stat. 663)
            (c) Repealed. (98 Stat. 3357)

            (Pub. L. 92-225, Title III, Sec. 310, formerly Sec. 315, as 
            added Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 
            88 Stat. 1285; renumbered Sec. 314 and amended Pub. L. 94-
            283, Title I, Secs. 105, 115(e), May 11, 1976, 90 Stat. 481, 
            496; renumbered Sec. 310 and amended Pub. L. 96-187, Title 
            I, Secs. 105(4), 112(c), Jan. 8, 1980, 93 Stat. 1354, 1366; 
            Pub. L. 98-620, Title IV, Sec. 402(1)(B), Nov. 8, 1984, 98 
            Stat. 3357; Pub. L. 100-352, Sec. 6(a), June 27, 1988, 102 
            Stat. 663.)

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

[[Page 383]]

                            (2) prepare, publish, and furnish to all 
                        persons required to file reports and statements 
                        under this Act a manual recommending uniform 
                        methods of bookkeeping and reporting;
                            (3) develop a filing, coding, and cross-
                        indexing system consistent with the purposes of 
                        this Act;
                            (4) within 48 hours after the time of the 
                        receipt by the Commission of reports and 
                        statements filed with it, make them available 
                        for public inspection, and copying, at the 
                        expense of the person requesting such copying 
                        except that any information copied from such 
                        reports or statements may not be sold or used by 
                        any person for the purpose of soliciting 
                        contributions or for commercial purposes, other 
                        than using the name and address of any political 
                        committee to solicit contributions from such 
                        committee. A political committee may submit 10 
                        pseudonyms on each report filed in order to 
                        protect against the illegal use of names and 
                        addresses of contributors, provided such 
                        committee attaches a list of such pseudonyms to 
                        the appropriate report. The Secretary or the 
                        Commission shall exclude these lists from the 
                        public record;
                            (5) keep such designations, reports, and 
                        statements for a period of 10 years from the 
                        date of receipt, except that designations, 
                        reports, and statements that relate solely to 
                        candidates for the House of Representatives 
                        shall be kept for 5 years from the date of their 
                        receipt;
                            (6)(A) compile and maintain a cumulative 
                        index of designations, reports, and statements 
                        filed under this Act, which index shall be 
                        published at regular intervals and made 
                        available for purchase directly or by mail;
                            (B) compile, maintain, and revise a separate 
                        cumulative index of reports and statements filed 
                        by multi-candidate committees, including in such 
                        index a list of multi-candidate committees; and
                            (C) compile and maintain a list of multi-
                        candidate committees, which shall be revised and 
                        made available monthly;
                            (7) prepare and publish periodically lists 
                        of authorized committees which fail to file 
                        reports as required by this Act;
                            (8) prescribe rules, regulations, and forms 
                        to carry out the provisions of this Act, in 
                        accordance with the provisions of subsection (d) 
                        of this section;
                            (9) transmit to the President and to each 
                        House of the Congress no later than June 1 of 
                        each year, a report which states in detail the 
                        activities of the Commission in carrying out its 
                        duties under this Act, and any recommendations 
                        for any legislative or other action the 
                        Commission considers appropriate; and
                            (10) serve as a national clearinghouse for 
                        the compilation of information and review of 
                        procedures with respect to the administration of 
                        Federal elections. The Commission may enter into 
                        contracts for the purpose of conducting studies 
                        under this paragraph. Reports or studies made 
                        under this paragraph shall be available to the 
                        public upon the payment of the cost thereof, 
                        except that copies shall be made available 
                        without cost, upon request, to agencies and 
                        branches of the Federal Government.
            (b) Audits and field investigations
                The Commission may conduct audits and field 
            investigations of any political committee required to file a 
            report under section 434 of this

[[Page 384]]

            title. All audits and field investigations concerning the 
            verification for, and receipt and use of, any payments 
            received by a candidate or committee under chapter 95 or 
            chapter 96 of title 26 shall be given priority. Prior to 
            conducting any audit under this subsection, the Commission 
            shall perform an internal review of reports filed by 
            selected committees to determine if the reports filed by a 
            particular committee meet the threshold requirements for 
            substantial compliance with the Act. Such thresholds for 
            compliance shall be established by the Commission. The 
            Commission may, upon an affirmative vote of 4 of its 
            members, conduct an audit and field investigation of any 
            committee which does meet the threshold requirements, 
            established by the Commission. Such audit shall be commenced 
            within 30 days of such vote, except that any audit of an 
            authorized committee of a candidate, under the provisions of 
            this subsection, shall be commenced within 6 months of the 
            election for which such committee is authorized.
            (c) Statutory provisions applicable to forms and information 
                gathering activities
                Any forms prescribed by the Commission under subsection 
            (a)(1), and any information-gathering activities of the 
            Commission under this Act, shall not be subject to the 
            provisions of section 3512 of title 44.
            (d) Rules, regulations, or forms; issuance, procedures 
                applicable, etc.
                (1) Before prescribing any rule, regulation, or form 
            under this section or any other provision of this Act, the 
            Commission shall transmit a statement with respect to such 
            rule, regulation, or form to the Senate and the House of 
            Representatives, in accordance with this subsection. Such 
            statement shall set forth the proposed rule, regulation, or 
            form, and shall contain a detailed explanation and 
            justification of it.
                (2) If either House of the Congress does not disapprove 
            by resolution any proposed rule or regulation submitted by 
            the Commission under this section within 30 legislative days 
            after the date of the receipt of such proposed rule or 
            regulation or within 10 legislative days after the date of 
            receipt of such proposed form, the Commission may prescribe 
            such rule, regulation, or form.
                (3) For purposes of this subsection, the term 
            ``legislative day'' means, with respect to statements 
            transmitted to the Senate, any calendar day on which the 
            Senate is in session, and with respect to statements 
            transmitted to the House of Representatives, any calendar 
            day on which the House of Representatives is in session.
                (4) For purposes of this subsection, the terms ``rule'' 
            and ``regulation'' mean a provision or series of 
            interrelated provisions stating a single, separable rule of 
            law.
                (5)(A) A motion to discharge a committee of the Senate 
            from the consideration of a resolution relating to any such 
            rule, regulation, or form or a motion to proceed to the 
            consideration of such resolution, is highly privileged and 
            shall be decided without debate.
                (B) Whenever a committee of the House of Representatives 
            reports any resolution relating to any such form, rule or 
            regulation, it is at any time thereafter in order (even 
            though a previous motion to the same effect has been 
            disagreed to) to move to proceed to the consideration of the 
            resolution. The motion is highly privileged and is not 
            debatable. An amendment to the motion is not in order, and 
            it is not in

[[Page 385]]

            order to move to reconsider the vote by which the motion is 
            agreed to or disagreed with.
            (e) Scope of protection for good faith reliance upon rules 
                or regulations
                Notwithstanding any other provision of law, any person 
            who relies upon any rule or regulation prescribed by the 
            Commission in accordance with the provisions of this section 
            and who acts in good faith in accordance with such rule or 
            regulation shall not, as a result of such act, be subject to 
            any sanction provided by this Act or by chapter 95 or 
            chapter 96 of title 26.
            (f) Promulgation of rules, regulations, and forms by 
                Commission and Internal Revenue Service; report to 
                Congress on cooperative efforts
                In prescribing such rules, regulations, and forms under 
            this section, the Commission and the Internal Revenue 
            Service shall consult and work together to promulgate rules, 
            regulations, and forms which are mutually consistent. The 
            Commission shall report to the Congress annually on the 
            steps it has taken to comply with this subsection. (Pub. L. 
            92-225, Title III, Sec. 311, formerly Sec. 308, Feb. 7, 
            1972, 86 Stat. 16, renumbered Sec. 316 and amended Pub. L. 
            93-443, Title II, Secs. 208(a), (c) (7)-(10), 209(a)(1), 
            (b), Oct. 15, 1974, 88 Stat. 1279, 1286, 1287, renumbered 
            Sec. 315 and amended Pub. L. 94-283, Title I, Secs. 105, 
            110, May 11, 1976, 90 Stat. 481, 486, renumbered Sec. 311 
            and amended Pub. L. 96-187, Title I, Secs. 105(4), 109, Jan. 
            8, 1980, 93 Stat. 1354, 1362; Pub. L. 99-514, Sec. 2, Oct. 
            22, 1986, 100 Stat. 2095; Pub. L. 104-79, Sec. 3(c), Dec. 
            28, 1995, 109 Stat. 792.)
    399.16
    399.16  Sec. 439. Statements filed with State officers; 
                ``appropriate State'' defined; duties of State officers.
                (a)(1) A copy of each report and statement required to 
            be filed by any person under this Act shall be filed by such 
            person with the Secretary of State (or equivalent State 
            officer) of the appropriate State, or, if different, the 
            officer of such State who is charged by State law with 
            maintaining State election campaign reports. The chief 
            executive officer of such State shall designate any such 
            officer and notify the Commission of any such designation.
                (2) For purposes of this subsection, the term 
            ``appropriate State'' means--
                            (A) for statements and reports in connection 
                        with the campaign for nomination for election of 
                        a candidate to the office of President or Vice 
                        President, each State in which an expenditure is 
                        made on behalf of the candidate; and
                            (B) for statements and reports in connection 
                        with the campaign for nomination for election, 
                        or election, of a candidate to the office of 
                        Senator or Representative in, or Delegate or 
                        Resident Commissioner to, the Congress, the 
                        State in which the candidate seeks election; 
                        except that political committees other than 
                        authorized committees are only required to file, 
                        and Secretaries of State required to keep, that 
                        portion of the report applicable to candidates 
                        seeking election in that State.
                (b) The Secretary of State (or equivalent State 
            officer), or the officer designated under subsection (a)(1) 
            of this section, shall--

[[Page 386]]

                            (1) receive and maintain in an orderly 
                        manner an reports and statements required by 
                        this Act to be filed therewith;
                            (2) keep such reports and statements (either 
                        in original filed form or in facsimile copy by 
                        microfilm or otherwise) for 2 years after their 
                        date of receipt;
                            (3) make each report and statement filed 
                        therewith available as soon as practicable (but 
                        within 48 hours of receipt) for public 
                        inspection and copying during regular business 
                        hours, and permit copying of any such report or 
                        statement by hand or by duplicating machine at 
                        the request of any person, except that such 
                        copying shall be at the expense of the person 
                        making the request; and
                            (4) compile and maintain a current list of 
                        all reports and statements pertaining to each 
                        candidate.
                (c) Subsections (a) and (b) of this section shall not 
            apply with respect to any State that, as determined by the 
            Commission, has a system that permits electronic access to, 
            and duplication of, reports and statements that are filed 
            with the Commission. (Pub. L. 92-225, Title III, Sec. 312, 
            formerly Sec. 309, as added Pub. L. 93-433 renumbered 
            Sec. 317 and amended Pub. L. 93-443, Title II, Sec. 208(a), 
            (c) (11), Oct. 15, 1974, 88 Stat. 1279, 1287; renumbered 
            Sec. 316, Pub. L. 94-283, Title I, Sec. 105, May 11, 1976, 
            90 Stat. 481, renumbered Sec. 312 and amended Pub. L. 96-
            187, Title I, Sec. Sec. 105(4), 110, Jan. 8, 1980, 93 Stat. 
            1354, 1364; Pub. L. 104-79, Sec. 2, Dec. 28, 1995, 109 Stat. 
            791.)
  399.16-1
  399.16-1  Sec. 439a. Use of contributed amounts for certain purposes.
                Amounts received by a candidate as contributions that 
            are in excess of any amount necessary to defray his 
            expenditures, and any other amounts contributed to an 
            individual for the purpose of supporting his or her 
            activities as a holder of Federal office, may be used by 
            such candidate or individual, as the case may be, to defray 
            any ordinary and necessary expenses incurred in connection 
            with his or her duties as a holder of Federal office, may be 
            contributed to any organization described in section 170(c) 
            of title 26, or may be used for any other lawful purpose, 
            including transfers without limitation to any national, 
            State, or local committee of any political party; except 
            that no such amounts may be converted by any person to any 
            personal use, other than to defray any ordinary and 
            necessary expenses incurred in connection with his or her 
            duties as a holder of Federal office. (Pub. L. 92-225, Title 
            III, Sec. 313, formerly Sec. 318, as added Pub. L. 93-443, 
            Title II, Sec. 210, Oct. 15, 1974, 88 Stat. 1288, renumbered 
            Sec. 317, Pub. L. 94-283, Title I, Sec. 105, May 11, 1976, 
            90 Stat. 481, renumbered Sec. 313 and amended Pub. L. 96-
            187, Title I, Secs. 105(4), 113, Jan. 8, 1980, 93 Stat. 
            1354, 1366; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
            2095; Pub. L. 101-194, Title V, Sec. 504(a), Nov. 30, 1989, 
            103 Stat. 1755.)
            Sec. 439b. (Repealed.)

  

  399.16-3
  399.16-3  Sec. 439c. Authorization of appropriations.
                There are authorized to be appropriated to the 
            Commission for the purpose of carrying out its functions 
            under this Act, and under chapters 95 and 96 of title 26, 
            not to exceed $5,000,000 for the fiscal year ending June 30, 
            1975. There are authorized to be appropriated to the 
            Commission $6,000,000 for the fiscal year ending June 30, 
            1976, $1,500,000 for the period beginning July 1, 1976, and 
            ending September 30, 1976, $6,000,000 for the fiscal year 
            ending September 30, 1977, and $7,811,500

[[Page 387]]

            for the fiscal year ending September 30, 1978, and 
            $9,400,000 (of which not more than $400,000 is authorized to 
            be appropriated for the national clearinghouse function 
            described in section (438(a)(10) of this title) for the 
            fiscal year ending September 30, 1981. (Pub. L. 92-225, 
            Title III, Sec. 314, formerly Sec. 320, as added Pub. L. 93-
            443, Title II, Sec. 210, Oct. 15, 1974, 88 Stat. 1289; 
            renumbered Sec. 319 and amended Pub. L. 94-283, Title I, 
            Sec. 105; 113, May 11, 1976, 90 Stat. 481, 495; Pub. L. 95-
            127, Oct. 12, 1977, 91 Stat. 1110; renumbered Sec. 314, Pub. 
            L. 96-187, Title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
            1354; Pub. L. 96-253, May 29, 1980, 94 Stat. 398; Pub. L. 
            99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
            Sec. 440. (Repealed.)
            Sec. 441. (Repealed.)

  

    399.17
    399.17  Sec. 441a. Limitations on contributions and expenditures.
            (a) Dollar limits on contributions
                (1) No person shall make contributions--
                            (A) to any candidate and his authorized 
                        political committees with respect to any 
                        election for Federal office which, in the 
                        aggregate, exceed $1,000;
                            (B) to the political committees established 
                        and maintained by a national political party, 
                        which are not the authorized political 
                        committees of any candidate, in any calendar 
                        year which, in the aggregate, exceed $20,000; or
                            (C) to any other political committee in any 
                        calendar year which, in the aggregate, exceed 
                        $5,000.
                (2) No multicandidate political committee shall make 
            contributions--
                            (A) to any candidate and his authorized 
                        political committees with respect to any 
                        election for Federal office which, in the 
                        aggregate, exceed $5,000;
                            (B) to the political committees established 
                        and maintained by a national political party, 
                        which are not the authorized political 
                        committees of any candidate, in any calendar 
                        year, which, in the aggregate, exceed $15,000; 
                        or
                            (C) to any other political committee in any 
                        calendar year which, in the aggregate, exceed 
                        $5,000.
                (3) No individual shall make contributions aggregating 
            more than $25,000 in any calendar year. For purposes of this 
            paragraph, any contribution made to a candidate in a year 
            other than the calendar year in which the election is held 
            with respect to which such contribution is made, is 
            considered to be made during the calendar year in which such 
            election is held.
                (4) The limitations on contributions contained in 
            paragraphs (1) and (2) do not apply to transfers between and 
            among political committees which are national, State, 
            district, or local committees (including any subordinate 
            committee thereof) of the same political party. For purposes 
            of paragraph (2), the term ``multicandidate political 
            committee'' means a political committee which has been 
            registered under section 433 for a period of not less than 6 
            months, which has received contributions from more than 50 
            persons, and, except for any State political party 
            organization, has made contributions to 5 or more candidates 
            for Federal office.

[[Page 388]]

                (5) For purposes of the limitations provided by 
            paragraph (1) and paragraph (2), all contributions made by 
            political committees established or financed or maintained 
            or controlled by any corporation, labor organization, or any 
            other person, including any parent, subsidiary, branch, 
            division, department, or local unit of such corporation, 
            labor organization, or any other person, or by any group of 
            such persons, shall be considered to have been made by a 
            single political committee, except that (A) nothing in this 
            sentence shall limit transfers between political committees 
            of funds raised through joint fund raising efforts; (B) for 
            purposes of the limitations provided by paragraph (1) and 
            paragraph (2) all contributions made by a single political 
            committee established or financed or maintained or 
            controlled by a national committee of a political party and 
            by a single political committee established or financed or 
            maintained or controlled by the State committee of a 
            political party shall not be considered to have been made by 
            a single political committee; and (C) nothing in this 
            section shall limit the transfer of funds between the 
            principal campaign committee of a candidate seeking 
            nomination or election to a Federal office and the principal 
            campaign committee of that candidate for nomination or 
            election to another Federal office if (i) such transfer is 
            not made when the candidate is actively seeking nomination 
            or election to both such offices; (ii) the limitations 
            contained in this Act on contributions by persons are not 
            exceeded by such transfer; and (iii) the candidate has not 
            elected to receive any funds under chapter 95 or chapter 96 
            of title 26. In any case in which a corporation and any of 
            its subsidiaries, branches, divisions, departments, or local 
            units, or a labor organization and any of its subsidiaries, 
            branches, divisions, departments, or local units establish 
            or finance or maintain or control more than one separate 
            segregated fund, all such separate segregated funds shall be 
            treated as a single separate segregated fund for purposes of 
            the limitations provided by paragraph (1) and paragraph (2).
                (6) The limitations on contributions to a candidate 
            imposed by paragraphs (1) and (2) of this subsection shall 
            apply separately with respect to each election, except that 
            all elections held in any calendar year for the office of 
            President of the United States (except a general election 
            for such office) shall be considered to be one election.
                (7) For purposes of this subsection--
                            (A) contributions to a named candidate made 
                        to any political committee authorized by such 
                        candidate to accept contributions on his behalf 
                        shall be considered to be contributions made to 
                        such candidate;
                            (B)(i) expenditures made by any person in 
                        cooperation, consultation, or concert, with, or 
                        at the request or suggestion of, a candidate, 
                        his authorized political committees, or their 
                        agents, shall be considered to be a contribution 
                        to such candidate;
                            (ii) the financing by any person of the 
                        dissemination, distribution, of republication, 
                        in whole or in part, of any broadcast or any 
                        written, graphic, or other form of campaign 
                        materials prepared by the candidate, his 
                        campaign committees, or their authorized agents 
                        shall be considered to be an expenditure for 
                        purposes of this paragraph; and
                            (C) contributions made to or for the benefit 
                        of any candidate nominated by a political party 
                        for election to the office of Vice

[[Page 389]]

                        President of the United States shall be 
                        considered to be contributions made to or for 
                        the benefit of the candidate of such party for 
                        election to the office of President of the 
                        United States.
                (8) For purposes of the limitations imposed by this 
            section, all contributions made by a person, either directly 
            or indirectly, on behalf of a particular candidate, 
            including contributions which are in any way earmarked or 
            otherwise directed through an intermediary or conduit to 
            such candidate, shall be treated as contributions from such 
            person to such candidate. The intermediary or conduit shall 
            report the original source and the intended recipient of 
            such contribution to the Commission and to the intended 
            recipient.
            (b) Dollar limits on expenditures by candidates for office 
                of President of the United States
                (1) No candidate for the office of President of the 
            United States who is eligible under section 9003 of title 26 
            (relating to condition for eligibility for payments) or 
            under section 9033 of title 26 (relating to eligibility for 
            payments) to receive payments from the Secretary of the 
            Treasury may make expenditures in excess of--
                            (A) $10,000,000 in the case of a campaign 
                        for nomination for election to such office, 
                        except the aggregate of expenditures under this 
                        subparagraph in any one State shall not exceed 
                        the greater of 16 cents multiplied by the voting 
                        age population of the State (as certified under 
                        subsection (e) of this section), or $200,000; or
                            (B) $20,000,000 in the case of a campaign 
                        for election to such office.
                (2) For purposes of this subsection--
                            (A) expenditures made by or on behalf of any 
                        candidate nominated by a political party for 
                        election to the office of Vice President of the 
                        United States shall be considered to be 
                        expenditures made by or on behalf of the 
                        candidate of such party for election to the 
                        office of President of the United States; and
                            (B) an expenditure is made on behalf of a 
                        candidate, including a vice presidential 
                        candidate, if it is made by--

                                (i) an authorized committee or any other 
                            agent of the candidate for purposes of 
                            making any expenditure; or

                                (ii) any person authorized or requested 
                            by the candidate, an authorized committee of 
                            the candidate, or any agent of the 
                            candidate, to make the expenditure.

            (c) Increases on limits based on increases in price index
                (1) At the beginning of each calendar year (commencing 
            in 1976), as there become available necessary data from the 
            Bureau of Labor Statistics of the Department of Labor, the 
            Secretary of Labor shall certify to the Commission and 
            publish in the Federal Register the per-cent difference 
            between the price index for the 12 months preceding the 
            beginning of such calendar year and the price index for the 
            base period. Each limitation established by subsection (b) 
            and subsection (d) shall be increased by such percent 
            difference. Each amount so increased shall be the amount in 
            effect for such calendar year.
                (2) For purposes of paragraph (1)--
                            (A) the term ``price index'' means the 
                        average over a calendar year of the Consumer 
                        Price Index (all items--United States city 
                        average) published monthly by the Bureau of 
                        Labor Statistics; and

[[Page 390]]

                            (B) the term ``base period'' means the 
                        calendar year 1974.
            (d) Expenditures by national committee, State committee, or 
                subordinate committee of State committee in connection 
                with general election campaign of candidates for Federal 
                office
                (1) Notwithstanding any other provision of law with 
            respect to the limitations on expenditures or limitations on 
            contributions, the national committee of a political party 
            and a State committee of a political party, including any 
            subordinate committee of a State committee, may make 
            expenditures in connection with the general election 
            campaign of candidates for Federal office, subject to the 
            limitations contained in paragraphs (2) and (3) of this 
            subsection.
                (2) The national committee of a political party may not 
            make any expenditure in connection with the general election 
            campaign of any candidate for President of the United States 
            who is affiliated with such party which exceeds an amount 
            equal to 2 cents multiplied by the voting age population of 
            the United States (as certified under subsection (e) of this 
            section). Any expenditure under this paragraph shall be in 
            addition to any expenditure by a national committee of a 
            political party serving as the principal campaign committee 
            of a candidate for the office of President of the United 
            States.
                (3) The national committee of a political party, or a 
            State committee of a political party, including any 
            subordinate committee of a State committee, may not make any 
            expenditure in connection with the general election campaign 
            of a candidate for Federal office in a State who is 
            affiliated with such party which exceeds--
                            (A) in the case of a candidate for election 
                        to the office of Senator, or of Representative 
                        from a State which is entitled to only one 
                        Representative, the greater of--

                                (i) 2 cents multiplied by the voting age 
                            population of the State (as certified under 
                            subsection (e) of this section); or

                                (ii) $20,000; and

                            (B) in the case of a candidate for election 
                        to the office of Representative, Delegate, or 
                        Resident Commissioner in any other State, 
                        $10,000.
            (e) Certification and publication of estimated voting age 
                population
                During the first week of January 1975, and every 
            subsequent year, the Secretary of Commerce shall certify to 
            the Commission and publish in the Federal Register an 
            estimate of the voting age population of the United States, 
            of each State, and of each congressional district as of the 
            first day of July next preceding the date of certification. 
            The term ``voting age population'' means resident 
            population, 18 years of age or older.
            (f) Prohibited contributions and expenditures
                No candidate or political committee shall knowingly 
            accept any contribution or make any expenditure in violation 
            of the provisions of this section. No officer or employee of 
            a political committee shall knowingly accept a contribution 
            made for the benefit or use of a candidate, or knowingly 
            make any expenditure on behalf of a candidate, in violation 
            of any limitation imposed on contributions and expenditures 
            under this section.

[[Page 391]]

            (g) Attribution of multi-State expenditures to candidate's 
                expenditure limitation in each State
                The Commission shall prescribe rules under which any 
            expenditure by a candidate for presidential nominations for 
            use in 2 or more States shall be attributed to such 
            candidate's expenditure limitation in each such State, based 
            on the voting age population in such State which can 
            reasonably be expected to be influenced by such expenditure.
            (h) Senatorial candidates
                Notwithstanding any other provision of this Act, amounts 
            totaling not more than $17,500 may be contributed to a 
            candidate for nomination for election, or for election, to 
            the United States Senate during the year in which an 
            election is held in which he is such a candidate, by the 
            Republican or Democratic Senatorial Campaign Committee, or 
            the national committee of a political party, or any 
            combination of such committees. (May 11, 1976, Pub. L. 94-
            283, Sec. 112(2), 90 Stat. 486; Jan. 8, 1980, Pub. L. 96-
            187, Title I, Sec. 105(5), 93 Stat. 1354; Pub. L. 99-514, 
            Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
  399.17-1
  399.17-1  Sec. 441b. Contributions or expenditures by national banks, 
                corporations, or labor organizations.
                (a) It is unlawful for any national bank, or any 
            corporation organized by authority of any law of Congress, 
            to make a contribution or expenditure in connection with any 
            election to any political office, or in connection with any 
            primary election or political convention or caucus held to 
            select candidates for any political office, or for any 
            corporation whatever, or any labor organization, to make a 
            contribution or expenditure in connection with any election 
            at which presidential and vice presidential electors or a 
            Senator or Representative in, or a Delegate or Resident 
            Commissioner to, Congress are to be voted for, or in 
            connection with any primary election or political convention 
            or caucus held to select candidates for any of the foregoing 
            offices, or for any candidate, political committee, or other 
            person knowingly to accept or receive any contribution 
            prohibited by this section, or any officer or any director 
            of any corporation or any national bank or any officer of 
            any labor organization to consent to any contribution or 
            expenditure by the corporation, national bank, or labor 
            organization, as the case may be, prohibited by this 
            section.
                (b)(1) For the purposes of this section the term ``labor 
            organization'' means any organization of any kind, or any 
            agency or employee representation committee or plan, in 
            which employees participate and which exists for the 
            purpose, in whole or in part, of dealing with employers 
            concerning grievances, labor disputes, wages, rates of pay, 
            hours of employment, or conditions of work.
                (2) For purposes of this section and section 12(h) of 
            the Public Utility Holding Company Act (15 U.S.C. 791(h)), 
            the term ``contribution or expenditure'' shall include any 
            direct or indirect payment, distribution, loan, advance, 
            deposit, or gift of money, or any services, or anything of 
            value (except a loan of money by a national or State bank 
            made in accordance with the applicable banking laws and 
            regulations and in the ordinary course of business) to any 
            candidate, campaign committee, or political party or 
            organization, in connection with any election to any of the 
            offices referred to in this section, but shall not include 
            (A) communications by a corporation to its stockholders and 
            executive

[[Page 392]]

            or administrative personnel and their families or by a labor 
            organization to its members and their families on any 
            subject; (B) nonpartisan registration and get-out-the-vote 
            campaigns by a corporation aimed at its stockholders and 
            executive or administrative personnel and their families, or 
            by a labor organization aimed at its members and their 
            families; and (C) the establishment, administration, and 
            solicitation of contributions to a separate segregated fund 
            to be utilized for political purposes by a corporation, 
            labor organization, membership organization, cooperative, or 
            corporation without capital stock.
                (3) It shall be unlawful--
                            (A) for such a fund to make a contribution 
                        or expenditure by utilizing money or anything of 
                        value secured by physical force, job 
                        discrimination, financial reprisals, or the 
                        threat of force, job discrimination, or 
                        financial reprisal; or by dues, fees, or other 
                        moneys required as a condition of membership in 
                        a labor organization or as a condition of 
                        employment, or by moneys obtained in any 
                        commercial transaction;
                            (B) for any person soliciting an employee 
                        for a contribution to such a fund to fail to 
                        inform such employee of the political purposes 
                        of such fund at the time of such solicitation; 
                        and
                            (C) for any person soliciting an employee 
                        for a contribution to such a fund to fail to 
                        inform such employee, at the time of such 
                        solicitation, of his right to refuse to so 
                        contribute without any reprisal.
                (4)(A) Except as provided in subparagraphs (B), (C), and 
            (D), it shall be unlawful--
                            (i) for a corporation, or a separate 
                        segregated fund established by a corporation, to 
                        solicit contributions to such a fund from any 
                        person other than its stockholders and their 
                        families and its executive or administrative 
                        personnel and their families, and
                            (ii) for a labor organization, or a separate 
                        segregated fund established by a labor 
                        organization, to solicit contributions to such a 
                        fund from any person other than its members and 
                        their families.
                (B) It shall not be unlawful under this section for a 
            corporation, a labor organization, or a separate segregated 
            fund established by such corporation or such labor 
            organization, to make 2 written solicitations for 
            contributions during the calendar year from any stockholder, 
            executive or administrative personnel, or employee of a 
            corporation or the families of such persons. A solicitation 
            under this subparagraph may be made only by mail addressed 
            to stockholders, executive or administrative personnel, or 
            employees at their residence and shall be so designed that 
            the corporation, labor organization, or separate segregated 
            fund conducting such solicitation cannot determine who makes 
            a contribution of $50 or less as a result of such 
            solicitation who does not make such a contribution.
                (C) This paragraph shall not prevent a membership 
            organization, cooperative, or corporation without capital 
            stock, or a separate segregated fund established by a 
            membership organization, cooperative, or corporation without 
            capital stock, from soliciting contributions to such a fund 
            from members of such organization, cooperative, or 
            corporation without capital stock.
                (D) This paragraph shall not prevent a trade association 
            or a separate segregated fund established by a trade 
            association from soliciting con

[[Page 393]]

            tributions from the stockholders and executive or 
            administrative personnel of the member corporations of such 
            trade association and the families of such stockholders or 
            personnel to the extent that such solicitation of such 
            stockholders and personnel, and their families, has been 
            separately and specifically approved by the member 
            corporation involved, and such member corporation does not 
            approve any such solicitation by more than one such trade 
            association in any calendar year.
                (5) Notwithstanding any other law, any method of 
            soliciting voluntary contributions or of facilitating the 
            making of voluntary contributions to a separate segregated 
            fund established by a corporation, permitted by law to 
            corporations with regard to stockholders and executive or 
            administrative personnel, shall also be permitted to labor 
            organizations with regard to their members.
                (6) Any corporation, including its subsidiaries, 
            branches, divisions, and affiliates, that utilizes a method 
            of soliciting voluntary contributions or facilitating the 
            making of voluntary contributions, shall make available such 
            method, on written request and at a cost sufficient only to 
            reimburse the corporation for the expenses incurred thereby, 
            to a labor organization representing any members working for 
            such corporation, its subsidiaries, branches, divisions, and 
            affiliates.
                (7) For purposes of this section, the term ``executive 
            or administrative personnel'' means individuals employed by 
            a corporation who are paid on a salary, rather than hourly, 
            basis and who have policymaking, managerial, professional, 
            or supervisory responsibilities. (May 11, 1976, Pub. L. 94-
            283, Sec. 112(2), 90 Stat. 490; renumbered and amended Pub. 
            L. 96-187, Title I, Sec. Sec. 105(5), 112(d), Jan. 8, 1980, 
            93 Stat. 1354, 1366.)
  399.17-2
  399.17-2  Sec. 441c. Contributions by government contractors.
            (a) Prohibition
                It shall be unlawful for any person--
                            (1) who enters into any contract with the 
                        United States or any department or agency 
                        thereof either for the rendition of personal 
                        services or furnishing any material, supplies, 
                        or equipment to the United States or any 
                        department or agency thereof or for selling any 
                        land or building to the United States or any 
                        department or agency thereof, if payment for the 
                        performance of such contract or payment for such 
                        material, supplies, equipment, land, or building 
                        is to be made in whole or in part from funds 
                        appropriated by the Congress, at any time 
                        between the commencement of negotiations for and 
                        the later of (A) the completion of performance 
                        under; or (B) the termination of negotiations 
                        for, such contract or furnishing of material, 
                        supplies, equipment, land, or buildings, 
                        directly or indirectly to make any contribution 
                        of money or other things of value, or to promise 
                        expressly or impliedly to make any such 
                        contribution to any political party, committee, 
                        or candidate for public office or to any person 
                        for any political purpose or use; or
                            (2) knowingly to solicit any such 
                        contribution from any such person for any such 
                        purpose during any such period.
            (b) Separate segregated funds
                This section does not prohibit or make unlawful the 
            establishment or administration of, or the solicitation of 
            contributions to, any separate segregated fund by any 
            corporation, labor organization, membership organization, 
            cooperative, or corporation without capital stock for the 
            pur

[[Page 394]]

            pose of influencing the nomination for election, or 
            election, of any person to Federal office, unless the 
            provisions of section 441b prohibit or make unlawful the 
            establishment or administration of, or the solicitation of 
            contributions to, such fund. Each specific prohibition, 
            allowance, and duty applicable to a corporation, labor 
            organization, or separate segregated fund under section 441b 
            applies to a corporation, labor organization, or separate 
            segregated fund to which this subsection applies.
            (c) ``Labor organization'' defined
                For purposes of this section, the term ``labor 
            organization'' has the meaning given it by section 
            441b(b)(1) of this title. (May 11, 1976, Pub. L. 94-283, 
            Sec. 112(2), 90 Stat. 492; Jan. 8, 1980, Pub. L. 96-187, 
            Title I, Sec. 105(5), 93 Stat. 1354.)
  399.17-3
  399.17-3  Sec. 441d. Publication and distribution of statements and 
                solicitations; charge for newspaper or magazine space.
                (a) Whenever any person makes an expenditure for the 
            purpose of financing communications expressly advocating the 
            election or defeat of a clearly identified candidate, or 
            solicits any contribution through any broadcasting station, 
            newspaper, magazine, outdoor advertising facility, direct 
            mailing, or any other type of general public political 
            advertising, such communication--
                            (1) if paid for and authorized by a 
                        candidate, an authorized political committee of 
                        a candidate, or its agents, shall clearly state 
                        that the communication has been paid for by such 
                        authorized political committee, or
                            (2) if paid for by other persons but 
                        authorized by a candidate, an authorized 
                        political committee of a candidate, or its 
                        agents, shall clearly state that the 
                        communication is paid for by such other persons 
                        and authorized by such authorized political 
                        committee;
                            (3) if not authorized by a candidate, an 
                        authorized political committee of a candidate, 
                        or its agents, shall clearly state the name of 
                        the person who paid for the communication and 
                        state that the communication is not authorized 
                        by any candidate or candidate's committee.
                (b) No person who sells space in a newspaper or magazine 
            to a candidate or to the agent of a candidate, for use in 
            connection with such candidate's campaign, may charge any 
            amount for such space which exceeds the amount charged for 
            comparable use of such space for other purposes. (Pub. L. 
            92-225, Title III, Sec. 318, formerly Sec. 323, as added 
            Pub. L. 94-283, Title I, Sec. 112(2), May 11, 1976, 90 Stat. 
            493, renumbered and amended Pub. L. 96-187, Title I, 
            Secs. 105(5), 111, Jan. 8, 1980, 93 Stat. 1354, 1365.)
  399.17-4
  399.17-4  Sec. 441e. Contributions by foreign nationals.
                (a) It shall be unlawful for a foreign national directly 
            or through any other person to make any contribution of 
            money or other thing of value, or to promise expressly or 
            impliedly to make any such contribution, in connection with 
            an election to any political office or in connection with 
            any primary election, convention, or caucus held to select 
            candidates for any political office; or for any person to 
            solicit, accept, or receive any such contribution from a 
            foreign national.
                (b) As used in this section, the term ``foreign 
            national'' means--

[[Page 395]]

                            (1) a foreign principal, as such term is 
                        defined by section 1(b) of the Foreign Agents 
                        Registration Act of 1938 (22 U.S.C. 611(b)), 
                        except that the term ``foreign national'' shall 
                        not include any individual who is a citizen of 
                        the United States; or
                            (2) an individual who is not a citizen of 
                        the United States and who is not lawfully 
                        admitted for permanent residence, as defined by 
                        section 101(a)(20) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(20)). (May 11, 
                        1976, Pub. L. 94-283, Sec. 112(2), 90 Stat. 493; 
                        Jan. 8, 1980, Pub. L. 96-187, Title I, 
                        Sec. 105(5), 93 Stat. 1354.)
  399.17-5
  399.17-5  Sec. 441f. Contributions in name of another prohibited.
                No person shall make a contribution in the name of 
            another person or knowingly permit his name to be used to 
            effect such a contribution, and no person shall knowingly 
            accept a contribution made by one person in the name of 
            another person. (May 11, 1976, Pub. L. 94-283, Sec. 112(2), 
            90 Stat. 494; Jan. 8, 1980, Pub. L. 96-187, Title I, 
            Sec. 105(5), 93 Stat. 1354.)
  399.17-6
  399.17-6  Sec. 441g. Limitation on contribution of currency.
                No person shall make contributions of currency of the 
            United States or currency of any foreign country to or for 
            the benefit of any candidate which, in the aggregate, exceed 
            $100, with respect to any campaign of such candidate for 
            nomination for election, or for election, to Federal office. 
            (May 11, 1976, Pub. L. 94-283, Sec. 112(2), 90 Stat. 494; 
            Jan. 8, 1980, Pub. L. 96-187, Title I, Sec. 105(5), 93 Stat. 
            1354.)
  399.17-7
  399.17-7  Sec. 441h. Fraudulent misrepresentation of campaign 
                authority.
                No person who is a candidate for Federal office or any 
            employee or agent of such a candidate shall--
                            (1) fraudulently misrepresent himself or any 
                        committee or organization under his control as 
                        speaking or writing or otherwise acting for or 
                        on behalf of any other candidate or political 
                        party or employee or agent thereof on a matter 
                        which is damaging to such other candidate or 
                        political party or employee or agent thereof; or
                            (2) willfully and knowingly participate in 
                        or conspire to participate in any plan, scheme, 
                        or design to violate paragraph (1). (May 11, 
                        1976, Pub. L. 94-283, Sec. 112(2), 90 Stat. 494; 
                        Jan. 8, 1980, Pub. L. 96-187, Title I, 
                        Sec. 105(5), 93 Stat. 1354.)
  399.17-8
  399.17-8  Sec. 441i. (Repealed.) (Pub. L. 102-90, Sec. 6(d), Aug. 14, 
                1991, 105 Stat. 451)
            Sec. 441j. (Repealed.)

  

    399.19
    399.19  Sec. 442. Authority to procure technical support and other 
                services and incur travel expenses; payment of such 
                expenses.
                For the purpose of carrying out his duties under the 
            Federal Election Campaign Act of 1971, the Secretary of the 
            Senate is authorized, from and after July 1, 1972, (1) to 
            procure technical support services, (2) to procure the 
            temporary or intermittent services of individual 
            technicians, experts, or consultants, or organizations 
            thereof, in the same manner and under the same conditions, 
            to the extent applicable, as a standing committee of the 
            Senate may procure such services under section 202(i) of the 
            Legislative Reorganization Act of 1946, (3) with the prior 
            consent of the Government department or agency concerned and 
            the

[[Page 396]]

            Committee on Rules and Administration, to use on a 
            reimbursable basis the services of personnel of any such 
            department or agency, and (4) to incur official travel 
            expenses. Payments to carry out the provisions of this 
            paragraph shall be made from funds included in the 
            appropriation ``Miscellaneous Items'' under the heading 
            ``Contingent Expenses of the Senate'' upon vouchers approved 
            by the Secretary of the Senate. All sums received by the 
            Secretary under authority of the Federal Election Campaign 
            Act of 1971 shall be covered into the Treasury as 
            miscellaneous receipts. (July 10, 1972, Pub. L. 92-342, 
            Sec. 101, 86 Stat. 435.)
            
                         Subchapter II.--General Provisions

    399.20
    399.20  Sec. 451. Extension of credit by regulated industries; 
                regulations.
                The Secretary of Transportation, the Federal 
            Communications Commission, and the Surface Transportation 
            Board shall each maintain,\1\ its own regulations with 
            respect to the extension of credit, without security, by any 
            person regulated by the Secretary under subpart II of part A 
            of subtitle VII of title 49, or such Commission or Board, to 
            any candidate for Federal office, or to any person on behalf 
            of such a candidate, for goods furnished or services 
            rendered in connection with the campaign of such candidate 
            for nomination for election, or election, to such office. 
            Pub. L. 92-225, Title IV, Sec. 401, Feb. 7, 1972, 86 Stat. 
            19; Pub. L. 93-443, Title II, Sec. 201(b)(1), Oct. 15, 1974, 
            88 Stat. 1275; Pub. L. 103-272, Sec. 4(a), July 5, 1994, 108 
            Stat. 1360; Pub. L. 104-88, Title III, Sec. 313, Dec. 29, 
            1995, 109 Stat. 948: Pub. L. 104-287, Sec. 6(g), Oct. 11, 
            1996, 110 Stat. 3399.)
                \1\ So in original. The comma probably should not 
                appear.
    399.21
    399.21  Sec. 452. Prohibition against use of certain Federal funds 
                for election activities.
                No part of any funds appropriated to carry out the 
            Economic Opportunity Act of 1964 shall be used to finance, 
            directly or indirectly, any activity designed to influence 
            the outcome of any election to Federal office, or any voter 
            registration activity, or to pay the salary of any officer 
            or employee of the Office of Economic Opportunity who, in 
            his official capacity as such an officer or employee, 
            engages in any such activity. (Feb. 7, 1972, Pub. L. 92-225, 
            Sec. 402, 86 Stat. 19; Oct. 15, 1974, Pub. L. 93-443, 
            Sec. 201(b)(2), 88 Stat. 1275.)
    399.22
    399.22  Sec. 453. State laws affected.
                The provisions of this Act, and of rules prescribed 
            under this Act, supersede and preempt any provision of State 
            law with respect to election to Federal Office. (Feb. 7, 
            1972, Pub. L. 92-225, Sec. 403, 86 Stat. 20; Oct. 15, 1974, 
            Pub. L. 93-443, Sec. 301, 88 Stat. 1289.)
    399.23
    399.23  Sec. 454. Partial invalidity.
                If any provision of this Act, or the application thereof 
            to any person or circumstance, is held invalid, the validity 
            of the remainder of the Act and the application of such 
            provision to other persons and circumstances shall not be 
            affected thereby. (Feb. 7, 1972, Pub. L. 92-225, Sec. 404, 
            86 Stat. 20.)

[[Page 397]]


  399.23-1
  399.23-1  Sec. 455. Period of limitations.
                (a) No person shall be prosecuted, tried, or punished 
            for any violation of subchapter I of this chapter unless the 
            indictment is found or the information is instituted within 
            3 years after the date of the violation.
                (b) Notwithstanding any other provision of law--
                            (1) the period of limitations referred to in 
                        subsection (a) of this section shall apply with 
                        respect to violations referred to in such 
                        subsection committed before, on, or after the 
                        effective date of this section; and
                            (2) no criminal proceeding shall be 
                        instituted against any person for any act or 
                        omission which was a violation of any provision 
                        of subchapter I of this chapter, as in effect on 
                        December 31, 1974, if such act or omission does 
                        not constitute a violation of any such 
                        provision, as amended by the Federal Election 
                        Campaign Act Amendments of 1974.

            Nothing in this subsection shall affect any proceeding 
            pending in any court of the United States on January 1, 
            1975. (Feb. 7, 1972, Pub. L. 92-225, Sec. 406, as added, 
            Oct. 15, 1974, Pub. L. 93-443, Sec. 302, 88 Stat. 1289; May 
            11, 1976, Pub. L. 94-283, Sec. 115(f), 90 Stat. 496.)

            Sec. 456. (Repealed.)
            
                    Chapter 15.--OFFICE OF TECHNOLOGY ASSESSMENT

    399.24
    399.24  Sec. 471. Congressional findings and declaration of purpose.
                The Congress hereby finds and declares that:
                            (a) As technology continues to change and 
                        expand rapidly, its applications are--

                                (1) large and growing in scale; and

                                (2) increasingly extensive, pervasive, 
                            and critical in their impact, beneficial and 
                            adverse, on the natural and social 
                            environment.

                            (b) Therefore, it is essential that, to the 
                        fullest extent possible, the consequences of 
                        technological applications be anticipated, 
                        understood, and considered in determination of 
                        public policy on existing and emerging national 
                        problems.
                            (c) The Congress further finds that:

                                (1) the Federal agencies presently 
                            responsible directly to the Congress are not 
                            designed to provide the legislative branch 
                            with adequate and timely information, 
                            independently developed, relating to the 
                            potential impact of technological 
                            applications, and

                                (2) the present mechanisms of the 
                            Congress do not and are not designed to 
                            provide the legislative branch with such 
                            information.

                            (d) Accordingly, it is necessary for the 
                        Congress to--

                                (1) equip itself with new and effective 
                            means for securing competent, unbiased 
                            information concerning the physical, 
                            biological, economic, social, and political 
                            effects of such applications; and

                                (2) utilize this information, whenever 
                            appropriate, as one factor in the 
                            legislative assessment of matters pending 
                            before the Congress, particularly in those 
                            instances where the Federal Government may 
                            be called upon to consider support for, or 
                            manage

[[Page 398]]

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

    399.25
    399.25  Sec. 472. Office of Technology Assessment.
                (a) In accordance with the findings and declaration of 
            purpose, in section 471 of this title, there is hereby 
            created the Office of Technology Assessment (hereinafter 
            referred to as the ``Office'') which shall be within and 
            responsible to the legislative branch of the Government.
                (b) The Office shall consist of a Technology Assessment 
            Board (hereinafter referred to as the ``Board'') which shall 
            formulate and promulgate the policies of the Office, and a 
            Director who shall carry out such policies and administer 
            the operations of the Office.
                (c) The basic function of the Office shall be to provide 
            early indications of the probable beneficial and adverse 
            impacts of the applications of technology and to develop 
            other coordinate information which may assist the Congress. 
            In carrying out such function, the Office shall:
                            (1) identify existing or probable impacts of 
                        technology or technological programs;
                            (2) where possible, ascertain cause-and-
                        effect relationships;
                            (3) identify alternative technological 
                        methods of implementing specific programs;
                            (4) identify alternative programs for 
                        achieving requisite goals;
                            (5) make estimates and comparisons of the 
                        impacts of alternative methods and programs;
                            (6) present findings of completed analyses 
                        to the appropriate legislative authorities;
                            (7) identify areas where additional research 
                        or data collection is required to provide 
                        adequate support for the assessments and 
                        estimates described in paragraphs (1) through 
                        (5) of this subsection; and
                            (8) undertake such additional associated 
                        activities as the appropriate authorities 
                        specified under subsection (d) may direct.
                (d) Assessment activities undertaken by the Office may 
            be initiated upon the request of:
                            (1) the chairman of any standing, special, 
                        or select committee of either House of the 
                        Congress, or of any joint committee of the 
                        Congress, acting for himself or at the request 
                        of the ranking minority member or a majority of 
                        the committee members;
                            (2) the Board; or
                            (3) the Director, in consultation with the 
                        Board.
                (e) Assessments made by the Office, including 
            information, surveys, studies, reports, and findings related 
            thereto, shall be made available to the initiating committee 
            or other appropriate committees of the Congress. In 
            addition, any such information, surveys, studies, reports, 
            and findings produced by the Office may be made available to 
            the public except where--
                            (1) to do so would violate security 
                        statutes; or
                            (2) the Board considers it necessary or 
                        advisable to withhold such information in 
                        accordance with one or more of the numbered 
                        paragraphs in section 552(b) of title 5, United 
                        States Code. (Oct. 13, 1972, Pub. L. 92-484, 
                        Sec. 3, 86 Stat. 797.)
    399.26
    399.26  Sec. 473. Technology Assessment Board.
                (a) The Board shall consist of thirteen members as 
            follows:

[[Page 399]]

                            (1) six Members of the Senate, appointed by 
                        the President pro tempore of the Senate, three 
                        from the majority party and three from the 
                        minority party;
                            (2) six Members of the House of 
                        Representatives appointed by the Speaker of the 
                        House of Representatives, three from the 
                        majority party and three from the minority 
                        party; and
                            (3) the Director, who shall not be a voting 
                        member.
                (b) Vacancies in the membership of the Board shall not 
            affect the power of the remaining members to execute the 
            functions of the Board and shall be filled in the same 
            manner as in the case of the original appointment.
                (c) The Board shall select a chairman and a vice 
            chairman from among its members at the beginning of each 
            Congress. The vice chairman shall act in the place and stead 
            of the chairman in the absence of the chairman. The 
            chairmanship and the vice chairmanship shall alternate 
            between the Senate and the House of Representatives with 
            each Congress. The chairman during each even-numbered 
            Congress shall be selected by the Members of the House of 
            Representatives on the Board from among their number. The 
            vice chairman during each Congress shall be chosen in the 
            same manner from that House of Congress other than the House 
            of Congress of which the chairman is a Member.
                (d) The Board is authorized to sit and act at such 
            places and times during the sessions, recesses, and 
            adjourned periods of Congress, and upon a vote of a majority 
            of its members, to require by subpena or otherwise the 
            attendance of such witnesses and the production of such 
            books, papers, and documents, to administer such oaths and 
            affirmations, to take such testimony, to procure such 
            printing and binding, and to make such expenditures, as it 
            deems advisable. The Board may make such rules respecting 
            its organization and procedures as it deems necessary, 
            except that no recommendation shall be reported from the 
            Board unless a majority of the Board assent. Subpenas may be 
            issued over the signature of the chairman of the Board or of 
            any voting member designated by him or by the Board, and may 
            be served by such person or persons as may be designated by 
            such chairman or member. The chairman of the Board or any 
            voting member thereof may administer oaths or affirmations 
            to witnesses. (Oct. 13, 1972, Pub. L. 92-484, Sec. 4, 86 
            Stat. 798.)
    399.27
    399.27  Sec. 474. Director of Office of Technology Assessment.
                (a) The Director of the Office of Technology Assessment 
            shall be appointed by the Board and shall serve for a term 
            of six years unless sooner removed by the Board. He shall 
            receive basic pay at the rate provided for level III of the 
            Executive Schedule under section 5314 of title 5.
                (b) In addition to the powers and duties vested in him 
            by this Act, the Director shall exercise such powers and 
            duties as may be delegated to him by the Board.
                (c) The Director may appoint with the approval of the 
            Board, a Deputy Director who shall perform such functions as 
            the Director may prescribe and who shall be Acting Director 
            during the absence or incapacity of the Director or in the 
            event of a vacancy in the office of Director. The Deputy 
            Director shall receive basic pay at the rate provided for 
            level IV of the Executive Schedule under section 5315 of 
            title 5.

[[Page 400]]

                (d) Neither the Director nor the Deputy Director shall 
            engage in any other business, vocation, or employment than 
            that of serving as such Director or Deputy Director, as the 
            case may be; nor shall the Director or Deputy Director, 
            except with the approval of the Board, hold any office in, 
            or act in any capacity or, any organization, agency, or 
            institution with which the Office makes any contract or 
            other arrangement under this chapter. (Oct. 13, 1972, Pub. 
            L. 92-484, Sec. 5, 86 Stat. 799.)
    399.28
    399.28  Sec. 475. Powers of Office of Technology Assessment.
                (a) The Office shall have the authority, within the 
            limits of available appropriations, to do all things 
            necessary to carry out the provisions of this chapter, 
            including, but without being limited to, the authority to--
                            (1) make full use of competent personnel and 
                        organizations outside the Office, public or 
                        private, and form special ad hoc task forces or 
                        make other arrangements when appropriate;
                            (2) enter into contracts or other 
                        arrangements as may be necessary for the conduct 
                        of the work of the Office with any agency or 
                        instrumentality of the United States, with any 
                        State, territory, or possession or any political 
                        subdivision thereof, or with any person, firm, 
                        association, corporation, or educational 
                        institution, with or without reimbursement, 
                        without performance or other bonds, and without 
                        regard to section 3709 of the Revised Statutes 
                        (41 U.S.C. 5);
                            (3) make advance, progress, and other 
                        payments which relate to technology assessment 
                        without regard to the provisions of section 3648 
                        of the Revised Statutes (31 U.S.C. 529);
                            (4) accept and utilize the services of 
                        voluntary and uncompensated personnel necessary 
                        for the conduct of the work of the Office and 
                        provide transportation and subsistence as 
                        authorized by section 5703 of title 5 for 
                        persons serving without compensation;
                            (5) acquire by purchase, lease, loan, or 
                        gift, and hold and dispose of by sale, lease, or 
                        loan, real and personal property of all kinds 
                        necessary for or resulting from the exercise of 
                        authority granted by this chapter; and
                            (6) prescribe such rules and regulations as 
                        it deems necessary governing the operation and 
                        organization of the Office.
                (b) Contractors and other parties entering into 
            contracts and other arrangements under this section which 
            involve costs to the Government shall maintain such books 
            and related records as will facilitate an effective audit in 
            such detail and in such manner as shall be prescribed by the 
            Office, and such books and records (and related documents 
            and papers) shall be available to the Office and the 
            Comptroller General of the United States, or any of their 
            duly authorized representatives, for the purpose of audit 
            and examination.
                (c) The Office, in carrying out the provisions of this 
            chapter, shall not, itself, operate any laboratories, pilot 
            plants, or test facilities.
                (d) The Office is authorized to secure directly from any 
            executive department or agency information, suggestions, 
            estimates, statistics, and technical assistance for the 
            purpose of carrying out its functions under this chapter. 
            Each such executive department or agency shall furnish the 
            information, suggestions, estimates, statistics, and 
            technical assistance directly to the Office upon its 
            request.
                (e) On request of the Office, the head of any executive 
            department or agency may detail, with or without 
            reimbursement, any of its per

[[Page 401]]

            sonnel to assist the Office in carrying out its functions 
            under this chapter.
                (f) The Director shall, in accordance with such policies 
            as the Board shall prescribe, appoint and fix the 
            compensation of such personnel as may be necessary to carry 
            out the provisions of this chapter. (Oct. 13, 1972, Pub. L. 
            92-484, Sec. 6, 86 Stat. 799.)
    399.29
    399.29  Sec. 476. Technology Assessment Advisory Council.
                (a) The Office shall establish a Technology Assessment 
            Advisory Council (hereinafter referred to as the 
            ``Council''). The Council shall be composed of the following 
            twelve members:
                            (1) ten members from the public, to be 
                        appointed by the Board, who shall be persons 
                        eminent in one or more fields of the physical, 
                        biological, or social sciences or engineering or 
                        experienced in the administration of 
                        technological activities, or who may be judged 
                        qualified on the basis of contributions made to 
                        educational or public activities;
                            (2) the Comptroller General; and
                            (3) the Director of the Congressional 
                        Research Service of the Library of Congress.
                (b) The Council, upon request by the Board, shall--
                            (1) review and make recommendations to the 
                        Board on activities undertaken by the Office or 
                        on the initiation thereof in accordance with 
                        section 472(d) of this title;
                            (2) review and make recommendations to the 
                        Board on the findings of any assessment made by 
                        or for the Office; and
                            (3) undertake such additional related tasks 
                        as the Board may direct.
                (c) The Council, by majority vote, shall elect from its 
            members appointed under subsection (a)(1) of this section a 
            Chairman and a Vice Chairman, who shall serve for such time 
            and under such conditions as the Council may prescribe. In 
            the absence of the Chairman, or in the event of his 
            incapacity, the Vice Chairman shall act as Chairman.
                (d) The term of office of each member of the Council 
            appointed under subsection (a)(1) shall be four years except 
            that any such member appointed to fill a vacancy occurring 
            prior to the expiration of the term for which his 
            predecessor was appointed shall be appointed for the 
            remainder of such term. No person shall be appointed a 
            member of the Council under subsection (a)(1) more than 
            twice. Terms of the members appointed under subsection 
            (a)(1) shall be staggered so as to establish a rotating 
            membership according to such method as the Board may devise.
                (e)(1) The members of the Council other than those 
            appointed under subsection (a)(1) shall receive no pay for 
            their services as members of the Council, but shall be 
            allowed necessary travel expenses (or, in the alternative, 
            mileage for use of privately owned vehicles and payments 
            when traveling on official business at not to exceed the 
            payment prescribed in regulations implementing section 5702 
            and in 5704 of title 5), and other necessary expenses 
            incurred by them in the performance of duties vested in the 
            Council, without regard to the provisions of subchapter 1 of 
            chapter 57 and section 5731 of title 5, and regulations 
            promulgated thereunder.
                (2) The members of the Council appointed under 
            subsection (a)(1) shall receive compensation for each day 
            engaged in the actual perform

[[Page 402]]

            ance of duties vested in the Council at rates of pay not in 
            excess of the daily equivalent of the highest rate of basic 
            pay set forth in the General Schedule of section 5332(a) of 
            title 5, and in addition shall be reimbursed for travel, 
            subsistence, and other necessary expenses in the manner 
            provided for other members of the Council under paragraph 
            (1) of this subsection. (Oct. 13, 1972, Pub. L. 92-484, 
            Sec. 7, 86 Stat. 800; Pub. L. 99-234, Title I, Sec. 107(a), 
            Jan. 2, 1986, 99 Stat. 1759.)
    399.30
    399.30  Sec. 477. Utilization of services of Library of Congress.
                (a) To carry out the objectives of this Act, the 
            Librarian of Congress is authorized to make available to the 
            Office such services and assistance of the Congressional 
            Research Service as may be appropriate and feasible.
                (b) Such services and assistance made available to the 
            Office shall include, but not be limited to, all of the 
            services and assistance which the Congressional Research 
            Service is otherwise authorized to provide to the Congress.
                (c) Nothing in this section shall alter or modify any 
            services or responsibilities, other than those performed for 
            the Office, which the Congressional Research Service under 
            law performs for or on behalf of the Congress. The Librarian 
            is, however, authorized to establish within the 
            Congressional Research Service such additional divisions, 
            groups, or other organizational entities as may be necessary 
            to carry out the purpose of this Act.
                (d) Services and assistance made available to the Office 
            by the Congressional Research Service in accordance with 
            this section may be provided with or without reimbursement 
            from funds of the Office, as agreed upon by the Board and 
            the Librarian of Congress. (Oct. 13, 1972, Pub. L. 92-484, 
            Sec. 8, 86 Stat. 801.)
    399.31
    399.31  Sec. 478. Utilization of services of General Accounting 
                Office.
                (a) Financial and administrative services (including 
            those related to budgeting, accounting, financial reporting, 
            personnel, and procurement) and such other services as may 
            be appropriate shall be provided the Office by the General 
            Accounting Office.
                (b) Such services and assistance to the Office shall 
            include, but not be limited to, all of the services and 
            assistance which the General Accounting Office is otherwise 
            authorized to provide to the Congress.
                (c) Nothing in this section shall alter or modify any 
            services or responsibilities, other than those performed for 
            the Office, which the General Accounting Office under law 
            performs for or on behalf of the Congress.
                (d) Services and assistance made available to the Office 
            by the General Accounting Office in accordance with this 
            section may be provided with or without reimbursement from 
            funds of the Office, as agreed upon by the Board and the 
            Comptroller General. (Oct. 13, 1972, Pub. L. 92-484, Sec. 9, 
            86 Stat. 802.)
    399.32
    399.32  Sec. 479. Coordination of activities with National Science 
                Foundation.
                The Office shall maintain a continuing liaison with the 
            National Science Foundation with respect to--
                            (1) grants and contracts formulated or 
                        activated by the Foundation which are for 
                        purposes of technology assessment; and

[[Page 403]]

                            (2) the promotion of coordination in areas 
                        of technology assessment, and the avoidance of 
                        unnecessary duplication or overlapping of 
                        research activities in the development of 
                        technology assessment techniques and programs. 
                        (Oct. 13, 1972, Pub. L. 92-484, Sec. 10(a), 86 
                        Stat. 802.)
    399.33
    399.33  Sec. 480. Annual report to Congress.
                The Office shall submit to the Congress an annual report 
            which shall include, but not be limited to, an evaluation of 
            technology assessment techniques and identification, insofar 
            as may be feasible, of technological areas and programs 
            requiring future analysis. Such report shall be submitted 
            not later than March 15 of each year. (Oct. 13, 1972, Pub. 
            L. 92-484, Sec. 11, 86 Stat. 802.)
    399.34
    399.34  Sec. 481. Authorization of appropriations; availability of 
                appropriations.
                (a) To enable the Office to carry out its powers and 
            duties, there is hereby authorized to be appropriated to the 
            Office, out of any money in the Treasury not otherwise 
            appropriated, not to exceed $5,000,000 in the aggregate for 
            the two fiscal years ending June 30, 1973, and June 30, 
            1974, and thereafter such sums as may be necessary.
                (b) Appropriations made pursuant to the authority 
            provided in subsection (a) shall remain available for 
            obligation, for expenditure, or for obligation and 
            expenditure for such period or periods as may be specified 
            in the chapter making such appropriations. (Oct. 13, 1972, 
            Pub. L. 92-484, Sec. 12, 86 Stat. 803.)
            
                  Chapter 16.--CONGRESSIONAL STANDARDS AND CONDUCT

    399.35
    399.35  Sec. 502. Select Committee on Standards and Conduct of the 
                Senate.\1\
            (a) Advisory opinions or consultations respecting franked 
                mail for persons entitled to franking privilege; 
                franking privilege regulations
                \1\ Name changed to Select Committee on Ethics by 
                section 102 of S. Res. 4, 95th Congress, agreed to 
                February 4 (legislative day, February 1), 1977. Senate 
                Manual section 79.
                The Select Committee on Standards and Conduct of the 
            Senate shall provide guidance, assistance, advice and 
            counsel, through advisory opinions or consultations, in 
            connection with the mailing or contemplated mailing of 
            franked mail under section 3210, 3211, 3212, 3213(2), 3218, 
            or 3219, and in connection with the operation of section 
            3215, of title 39 upon the request of any Member of the 
            Senate or Member-elect, surviving spouse of any of the 
            foregoing, or other Senate official, entitled to send mail 
            as franked mail under any of those sections. The select 
            committee shall prescribe regulations governing the proper 
            use of the franking privilege under those sections by such 
            persons.
            (b) Complaint of franked mail violations; investigation; 
                notice and hearing; decision of select committee; 
                enforcement
                Any complaint filed by any person with the select 
            committee that a violation of any section of title 39 
            referred to in subsection (a) of this section is about to 
            occur or has occurred within the immediately preceding 
            period of one year, by any person referred to in such 
            subsection (a), shall contain pertinent factual material and 
            shall conform

[[Page 404]]

            to regulations prescribed by the select committee. The 
            select committee, if it determines there is reasonable 
            justification for the complaint, shall conduct an 
            investigation of the matter, including an investigaton of 
            reports and statements filed by the complainant with respect 
            to the matter which is the subject of the complaint. The 
            committee shall afford to the person who is the subject of 
            the complaint due notice and, if it determines that there is 
            substantial reason to believe that such violation has 
            occurred or is about to occur, opportunity for all parties 
            to participate in a hearing before the select committee. The 
            select committee shall issue a written decision on each 
            complaint under this subsection not later than thirty days 
            after such a complaint has been filed or, if a hearing is 
            held, not later than thirty days after the conclusion of 
            such hearing. Such decision shall be based on written 
            findings of fact in the case by the select committee. If the 
            select committee finds, in its written decision, that a 
            violation has occurred or is about to occur, the committee 
            may take such action and enforcement as it considers 
            appropriate in accordance with applicable rules, precedents, 
            and standing orders of the Senate, and such other standards 
            as may be prescribed by such committee.
            (c) Administrative or judicial jurisdiction of civil actions 
                respecting franking law violations or abuses of franking 
                privilege dependent on filing of complaint with select 
                committee and rendition of decision by such committee
                Notwithstanding any other provision of law, no court or 
            administrative body in the United States or in any territory 
            thereof shall have jurisdiction to entertain any civil 
            action of any character concerning or related to a violation 
            of the franking laws or an abuse of the franking privilege 
            by any person listed under subsection (a) of this section as 
            entitled to send mail as franked mail, until a complaint has 
            been filed with the select committee and the committee has 
            rendered a decision under subsection (b) of this section.
            (d) Administrative procedure regulations
                The select committee shall prescribe regulations for the 
            holding of investigations and hearings, the conduct of 
            proceedings, and the rendering of decisions under this 
            subsection providing for equitable procedures and the 
            protection of individual, public, and Government interests. 
            The regulations shall, insofar as practicable, contain the 
            substance of the administrative procedure provisions of 
            sections 551-559 and 701-706, of title 5. These regulations 
            shall govern matters under this subsection subject to 
            judicial review thereof.
            (e) Property of Senate; records of select committee; voting 
                record; location of records, data, and files
                The select committee shall keep a complete record of all 
            its actions, including a record of the votes on any question 
            on which a record vote is demanded. All records, data, and 
            files of the select committee shall be the property of the 
            Senate and shall be kept in the offices of the select 
            committee or such other places as the committee may direct. 
            (Dec. 18, 1973, Pub. L. 93-191, Sec. 6, 87 Stat. 744; 
            amended Mar. 27, 1974, Pub. L. 93-255, Sec. 3(b), 88 Stat. 
            52.)

[[Page 405]]



            
                      Chapter 17.--CONGRESSIONAL BUDGET OFFICE

    399.36
    399.36  Sec. 601. Establishment.
            (a) In general
                (1) There is established an office of the Congress to be 
            known as the Congressional Budget Office (hereinafter in 
            this chapter referred to as the ``Office''). The Office 
            shall be headed by a Director; and there shall be a Deputy 
            Director who shall perform such duties as may be assigned to 
            him by the Director and, during the absence or incapacity of 
            the Director or during a vacancy in that office, shall act 
            as Director.
                (2) The Director shall be appointed by the Speaker of 
            the House of Representatives and the President pro tempore 
            of the Senate after considering recommendations received 
            from the Committees on the Budget of the House and the 
            Senate, without regard to political affiliation and solely 
            on the basis of his fitness to perform his duties. The 
            Deputy Director shall be appointed by the Director.
                (3) The term of office of the Director shall be 4 years 
            and shall expire on January 3 of the year preceding each 
            Presidential election. Any individual appointed as Director 
            to fill a vacancy prior to the expiration of a term shall 
            serve only for the unexpired portion of that term. An 
            individual serving as Director at the expiration of a term 
            may continue to serve until his successor is appointed. Any 
            Deputy Director shall serve until the expiration of the term 
            of office of the Director who appointed him (and until his 
            successor is appointed), unless sooner removed by the 
            Director.
                (4) The Director may be removed by either House by 
            resolution.
                (5) (A) The Director shall receive compensation at an 
            annual rate of pay that is equal to the lower of--
                            (i) the highest annual rate of compensation 
                        of any officer of the Senate; or
                            (ii) the highest annual rate of compensation 
                        of any officer of the House of Representatives.
                (B) The Deputy Director shall receive compensation at an 
            annual rate of pay that is $1,000 less than the annual rate 
            of pay received by the Director, as determined under 
            subparagraph (A).
            (b) Personnel
                The Director shall appoint and fix the compensation of 
            such personnel as may be necessary to carry out the duties 
            and functions of the Office. All personnel of the Office 
            shall be appointed without regard to political affiliation 
            and solely on the basis of their fitness to perform their 
            duties. The Director may prescribe the duties and 
            responsibilities of the personnel of the Office, and 
            delegate to them authority to perform any of the duties, 
            powers, and functions imposed on the Office or on the 
            Director. For purposes of pay (other than pay of the 
            Director and Deputy Director) and employment benefits, 
            rights, and privileges, all personnel of the Office shall be 
            treated as if they were employees of the House of 
            Representatives.
            (c) Experts and consultants
                In carrying out the duties and functions of the Office, 
            the Director may procure the temporary (not to exceed one 
            year) or intermittent services of experts or consultants or 
            organizations thereof by contract as independent 
            contractors, or, in the case of individual experts or con

[[Page 406]]

            sultants, by employment at rates of pay not in excess of the 
            daily equivalent of the highest rate of basic pay payable 
            under the General Schedule of section 5332 of title 5.
            (d) Relationship to executive branch
                The Director is authorized to secure information, data, 
            estimates, and statistics directly from the various 
            departments, agencies, and establishments of the executive 
            branch of Government and the regulatory agencies and 
            commissions of the Government. All such departments, 
            agencies, establishments, and regulatory agencies and 
            commissions shall furnish the Director any available 
            material which he determines to be necessary in the 
            performance of his duties and functions (other than material 
            the disclosure of which would be a violation of law). The 
            Director is also authorized, upon agreement with the head of 
            any such department, agency, establishment, or regulatory 
            agency or commission, to utilize its services, facilities, 
            and personnel with or without reimbursement; and the head of 
            each such department, agency, establishment, or regulatory 
            agency or commission is authorized to provide the Office 
            such services, facilities, and personnel.
            (e) Relationship to other agencies of Congress
                In carrying out the duties and functions of the Office, 
            and for the purpose of coordinating the operations of the 
            Office with those of other congressional agencies with a 
            view to utilizing most effectively the information, 
            services, and capabilities of all such agencies in carrying 
            out the various responsibilities assigned to each, the 
            Director is authorized to obtain information, data, 
            estimates, and statistics developed by the General 
            Accounting Office, and the Library of Congress, and (upon 
            agreement with them) to utilize their services, facilities, 
            and personnel with or without reimbursement. The Comptroller 
            General, and the Librarian of Congress, are authorized to 
            provide the Office with the information, data, estimates, 
            and statistics, and the services, facilities, and personnel, 
            referred to in the preceding sentence.
            (f) Revenue estimates
                For the purposes of revenue legislation which is income, 
            estate and gift, excise, and payroll taxes (i.e., Social 
            Security), considered or enacted in any session of Congress, 
            the Congressional Budget Office shall use exclusively during 
            that session of Congress revenue estimates provided to it by 
            the Joint Committee on Taxation. During that session of 
            Congress such revenue estimates shall be transmitted by the 
            Congressional Budget Office to any committee of the House of 
            Representatives or the Senate requesting such estimates, and 
            shall be used by such Committees in determining such 
            estimates. The Budget Committees of the Senate and House 
            shall determine all estimates with respect to scoring points 
            of order and with respect to the execution of the purposes 
            of this Act.
            (g) Authorization of appropriations
                There are authorized to be appropriated to the Office 
            for each fiscal year such sums as may be necessary to enable 
            it to carry out its duties and functions. Until sums are 
            first appropriated pursuant to the preceding sentence, but 
            for a period not exceeding 12 months following the effective 
            date of this subsection, the expenses of the Office shall be 
            paid from the contingent fund of the Senate, in accordance 
            with

[[Page 407]]

            section 68 of this title, and upon vouchers approved by the 
            Director. (Pub. L. 93-344, Title II, Sec. 201, July 12, 
            1974, 88 Stat. 302; Pub. L. 99-177, Title II, Sec. 273, Dec. 
            12, 1985, 99 Stat. 1098; Pub. L. 101-508, Title XIII, 
            Sec. 13202, Nov. 5, 1990, 104 Stat. 1388-615; Pub. L. 105-
            33, Title X, Sec. 10102, Aug. 5, 1997, 111 Stat. 678; Pub. 
            L. 106-113, div. B, Sec. 1000(a)(5), Nov. 29, 1999, 113 
            Stat. 1536, 1501A-299.)
    399.37
    399.37  Sec. 602. Duties and functions.
            (a) Assistance to budget committees
                It shall be the primary duty and function of the Office 
            to provide to the Committees on the Budget of both Houses 
            information which will assist such committees in the 
            discharge of all matters within their jurisdictions, 
            including (1) information with respect to the budget, 
            appropriation bills, and other bills authorizing or 
            providing new budget authority or tax expenditures, (2) 
            information with respect to revenues, receipts, estimated 
            future revenues and receipts, and changing revenue 
            conditions, and (3) such related information as such 
            Committee may request.
            (b) Assistance to Committees on Appropriations, Ways and 
                Means, and Finance
                At the request of the Committee on Appropriations of 
            either House, the Committee on Ways and Means of the House 
            of Representatives, or the Committee on Finance of the 
            Senate, the Office shall provide to such Committee any 
            information which will assist it in the discharge of matters 
            within its jurisdiction, including information described in 
            clauses (1) and (2) of subsection (a) of this section and 
            such related information as the Committee may request.
            (c) Assistance to other committees and members
                (1) At the request of any other committee of the House 
            of Representatives or the Senate or any joint committee of 
            the Congress, the Office shall provide to such committee or 
            joint committee any information compiled in carrying out 
            clauses (1) and (2) of subsection (a) of this section, and, 
            to the extent practicable, such additional information 
            related to the foregoing as may be requested.
                (2) At the request of any committee of the Senate or the 
            House of Representatives, the Office shall, to the extent 
            practicable, consult with and assist such committee in 
            analyzing the budgetary or financial impact of any proposed 
            legislation that may have--
                            (A) a significant budgetary impact on State, 
                        local, or tribal governments;
                            (B) a significant financial impact on the 
                        private sector; or
                            (C) a significant employment impact on the 
                        private sector.
                (3) At the request of any Member of the House or Senate, 
            the Office shall provide to such Member any information 
            compiled in carrying out clauses (1) and (2) of subsection 
            (a) of this section, and, to the extent available, such 
            additional information related to the foregoing as may be 
            requested.
            (d) Assignment of office personnel to committees and joint 
                committees
                At the request of the Committee on the Budget of either 
            House, personnel of the Office shall be assigned, on a 
            temporary basis, to assist

[[Page 408]]

            such committee. At the request of any other committee of 
            either House or any joint committee of the Congress, 
            personnel of the Office may be assigned, on a temporary 
            basis, to assist such committee or joint committee with 
            respect to matters directly related to the applicable 
            provisions of subsection (b) or (c) of this section.
            (e) Reports to budget committees
                (1) On or before February 15 of each year, the Director 
            shall submit to the Committees on the Budget of the House of 
            Representatives and the Senate a report, for the fiscal year 
            commencing on October 1 of that year, with respect to fiscal 
            policy, including (A) alternative levels of total revenues, 
            total new budget authority, and total outlays (including 
            related surpluses and deficits), (B) the levels of tax 
            expenditures under existing law, taking into account 
            projected economic factors and any changes in such levels 
            based on proposals in the budget submitted by the President 
            for such fiscal year. Such report shall also include a 
            discussion of national budget priorities, including 
            alternative ways of allocating new budget authority and 
            budget outlays for such fiscal year among major programs or 
            functional categories, taking into account how such 
            alternative allocations will meet major national needs and 
            affect balanced growth and development of the United States, 
            and (C) a statement of the levels of budget authority and 
            outlays for each program assumed to be extended in the 
            baseline, as provided in section 257(b)(2)(A) and for excise 
            taxes assumed to be extended under section 257(b)(2)(C) of 
            the Balanced Budget and Emergency Deficit Control Act of 
            1985. Such report shall also include a discussion of 
            national budget priorities, including alternative ways of 
            allocating new budget authority and budget outlays for such 
            fiscal year among major programs or functional categories, 
            taking into account how such alternative allocations will 
            meet major national needs and affect balanced growth and 
            development of the United States.
                (2) The Director shall from time to time submit to the 
            Committees on the Budget of the House of Representatives and 
            the Senate such further reports (including reports revising 
            the report required by paragraph (1)) as may be necessary or 
            appropriate to provide such Committees with information, 
            data, and analyses for the performance of their duties and 
            functions.
                (3) On or before January 15 of each year, the Director, 
            after consultation with the appropriate committees of the 
            House of Representatives and Senate, shall submit to the 
            Congress a report listing (A) all programs and activities 
            funded during the fiscal year ending September 30 of that 
            calendar year for which authorizations for appropriations 
            have not been enacted for that fiscal year, and (B) all 
            programs and activities for which authorizations for 
            appropriations have been enacted for the fiscal year ending 
            September 30 of that calendar year, but for which no 
            authorizations for appropriations have been enacted for the 
            fiscal year beginning October 1 of that calendar year.
            (f) Use of computers and other techniques
                The Director may equip the Office with up-to-date 
            computer capability (upon approval of the Committee on House 
            Oversight of the House of Representatives and the Committee 
            on Rules and Administration of the Senate), obtain the 
            services of experts and consultants in computer

[[Page 409]]

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

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

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

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

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

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

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

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

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

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

[[Page 410]]

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

    399.38
    399.38  Sec. 603. Public access to budget data.
            (a) Right to copy
                Except as provided in subsections (c) and (d) of this 
            section, the Director shall make all information, data, 
            estimates, and statistics obtained under section 601(d) and 
            (e) of this title available for public copying during normal 
            business hours, subject to reasonable rules and regulations, 
            and shall to the extent practicable, at the request of any 
            person, furnish a copy of any such information, data, 
            estimates, or statistics upon payment by such person of the 
            cost of making and furnishing such copy.
            (b) Index
                The Director shall develop and maintain filing, coding, 
            and indexing systems that identify the information, data, 
            estimates, and statistics to which subsection (a) of this 
            section applies and shall make such systems available for 
            public use during normal business hours.
            (c) Exceptions
                Subsection (a) of this section shall not apply to 
            information, data, estimates, and statistics--
                            (1) which are specifically exempted from 
                        disclosure by law; or
                            (2) which the Director determines will 
                        disclose--

                                (A) matters necessary to be kept secret 
                            in the interests of national defense or the 
                            confidential conduct of the foreign 
                            relations of the United States;

                                (B) information relating to trade 
                            secrets or financial or commercial 
                            information pertaining specifically to a 
                            given person if the information has been 
                            obtained by the Government on a confidential 
                            basis, other than through an application by 
                            such person for a specific financial or 
                            other benefit, and is required to be kept 
                            secret in order to prevent undue injury to 
                            the competitive position of such person; or

                                (C) personnel or medical data or similar 
                            data the disclosure of which would 
                            constitute a clearly unwarranted invasion of 
                            personal privacy;

            unless the portions containing such matters, information, or 
            data have been excised.

            (d) Information obtained for committees and members
                Subsection (a) of this section shall apply to any 
            information, data, estimates, and statistics obtained at the 
            request of any committee, joint committee, or Member unless 
            such committee, joint committee, or Member has instructed 
            the Director not to make such information, data, estimates, 
            or statistics available for public copying. (Pub. L. 93-344, 
            Title II, Sec. 203, July 12, 1974, 88 Stat. 305.)

[[Page 411]]

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

[[Page 412]]

                                    Codification
                Section was enacted as part of the appropriation act 
            cited as the credit to this section, and not as part of 
            Title II of the Congressional Budget and Impoundment Control 
            Act of 1974 which comprises this chapter.
            
              Chapter 17A.--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

  399.39-1
  399.39-1  Sec. 621. Congressional declaration of purpose.
                The Congress declares that it is essential--
                            (1) to assure effective congressional 
                        control over the budgetary process;
                            (2) to provide for the congressional 
                        determination each year of the appropriate level 
                        of Federal revenues and expenditures;
                            (3) to provide a system of impoundment 
                        control;
                            (4) to establish national budget priorities; 
                        and
                            (5) to provide for the furnishing of 
                        information by the executive branch in a manner 
                        that will assist the Congress in discharging its 
                        duties. (Pub. L. 93-344, Sec. 2, July 12, 1974, 
                        88 Stat. 298.)
                                    Codification
                This section was formerly classified to section 1301 of 
            title 31 prior to the general revision and enactment of 
            title 31, Money and Finance by Pub. L. 97-258, Sec. 1, Sept. 
            13, 1982, 96 Stat. 877.
  399.39-2
  399.39-2  Sec. 622. Definitions.
                For purposes of this Act--
                (1) The terms ``budget outlays'' and ``outlays'' mean, 
            with respect to any fiscal year, expenditures and net 
            lending of funds under budget authority during such year.
                (2) Budget authority and new budget authority
                            (A) In general

                                The term ``budget authority'' means the 
                            authority provided by Federal law to incur 
                            financial obligations, as follows:

                                        (i) provisions of law that make 
                                    funds available for obligation and 
                                    expenditure (other than borrowing 
                                    authority), including the authority 
                                    to obligate and expend the proceeds 
                                    of offsetting receipts and 
                                    collections;

                                        (ii) borrowing authority, which 
                                    means authority granted to a Federal 
                                    entity to borrow and obligate and 
                                    expend the borrowed funds, including 
                                    through the issuance of promissory 
                                    notes or other monetary credits;

                                        (iii) contract authority, which 
                                    means the making of funds available 
                                    for obligation but not for 
                                    expenditure; and

                                        (iv) offsetting receipts and 
                                    collections as negative budget 
                                    authority, and the reduction thereof 
                                    as positive budget authority.

                            (B) Limitations on budget authority

                                With respect to the Federal Hospital 
                            Insurance Trust Fund, the Supplementary 
                            Medical Insurance Trust Fund, the 
                            Unemployment Trust Fund, and the railroad 
                            retirement account, any amount that is 
                            precluded from obligation in a fiscal year 
                            by

[[Page 413]]

                            a provision of law (such as a limitation or 
                            a benefit formula) shall not be budget 
                            authority in that year.

                            (C) New budget authority

                                The term ``new budget authority'' means, 
                            with respect to a fiscal year--

                                        (i) budget authority that first 
                                    becomes available for obligation in 
                                    that year, including budget 
                                    authority that becomes available in 
                                    that year's \1\ a result of a 
                                    reappropriation; or

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

                                        (ii) a change in any account in 
                                    the availability of unobligated 
                                    balances of budget authority carried 
                                    over from a prior year, resulting 
                                    from a provision of law first 
                                    effective in that year;

            and includes a change in the estimated level of new budget 
            authority provided in indefinite amounts by existing law.

                (3) The term ``tax expenditures'' means those revenue 
            losses attributable to provisions of the Federal tax laws 
            which allow a special exclusion, exemption, or deduction 
            from gross income or which provide a special credit, a 
            preferential rate of tax, or a deferral of tax liability; 
            and the term ``tax expenditures budget'' means an 
            enumeration of such tax expenditures.
                (4) The term ``concurrent resolution on the budget'' 
            means--
                            (A) a concurrent resolution setting forth 
                        the congressional budget for the United States 
                        Government for a fiscal year as provided in 
                        section 632 of this title; and
                            (B) any other concurrent resolution revising 
                        the congressional budget for the United States 
                        Government for a fiscal year as described in 
                        section 635 of this title.
                (5) The term ``appropriation Act'' means an Act referred 
            to in section 105 of title 1.
                (6) The term ``deficit'' means, with respect to a fiscal 
            year, the amount by which outlays exceeds receipts during 
            that year.
                (7) The term ``surplus'' means, with respect to a fiscal 
            year, the amount by which receipts exceeds outlays during 
            that year.
                (8) The term ``government-sponsored enterprise'' means a 
            corporate entity created by a law of the United States 
            that--
                            (A)(i) has a Federal charter authorized by 
                        law;
                            (ii) is privately owned, as evidenced by 
                        capital stock owned by private entities or 
                        individuals;
                            (iii) is under the direction of a board of 
                        directors, a majority of which is elected by 
                        private owners;
                            (iv) is a financial institution with power 
                        to--

                                (I) make loans or loan guarantees for 
                            limited purposes such as to provide credit 
                            for specific borrowers or one sector; and

                                (II) raise funds by borrowing (which 
                            does not carry the full faith and credit of 
                            the Federal Government) or to guarantee the 
                            debt of others in unlimited amounts; and

                            (B)(i) does not exercise powers that are 
                        reserved to the Government as sovereign (such as 
                        the power to tax or to regulate interstate 
                        commerce);

[[Page 414]]

                            (ii) does not have the power to commit the 
                        Government financially (but it may be a 
                        recipient of a loan guarantee commitment made by 
                        the Government); and
                            (iii) has employees whose salaries and 
                        expenses are paid by the enterprise and are not 
                        Federal employees subject to title 5 of the 
                        United States Code.
                (9) The term ``entitlement authority'' means--
                            (A) the authority to make payments 
                        (including loans and grants), the budget 
                        authority for which is not provided for in 
                        advance by appropriation Acts, to any person or 
                        government if, under the provisions of the law 
                        containing that authority, the United States is 
                        obligated to make such payments to persons or 
                        governments who meet the requirements 
                        established by that law; and
                            (B) the food stamp program.
                (10) The term ``credit authority'' means authority to 
            incur direct loan obligations or to incur primary loan 
            guarantee commitments. (Pub. L. 93-344, Sec. 3, July 12, 
            1974, 88 Stat. 299; Aug. 1, 1946, ch. 724, Title I, 
            Sec. 302(c), as added Aug. 30, 1954, ch. 1073, Sec. 1, as 
            added Pub. L. 95-110, Sec. 1, Sept. 20, 1977, 91 Stat. 884; 
            Pub. L. 99-177, Title II, Secs. 201(a), 232(b), Dec. 12, 
            1985, 99 Stat. 1039, 1062; Pub. L. 99-514, Sec. 2, Oct. 22, 
            1986, 100 Stat. 2095; Pub. L. 100-119, Title I, Sec. 106(a), 
            Sept. 29, 1987, 101 Stat. 780; Pub. L. 100-203, Title VIII, 
            Sec. 8003(c), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L. 
            101-508, Title XIII, Secs. 13112(a)(2), 13201(b)(1), 
            13211(a), Nov. 5, 1990, 104 Stat. 1388-607, Secs. 1388-614, 
            1388-620; Pub. L. 102-486, Title IX, Sec. 902(a)(8), Oct. 
            24, 1992, 106 Stat. 2944; Pub. L. 105-33, Title X, 
            Sec. 10101, Aug. 5, 1997, 111 Stat. 678.)
  399.39-3
  399.39-3  Sec. 623. Continuing study of additional budget reform 
                proposals.
                (a) The Committees on the Budget of the House of 
            Representatives and the Senate shall study on a continuing 
            basis proposals designed to improve and facilitate methods 
            of congressional budgetmaking. The proposals to be studied 
            shall include, but are not limited to, proposals for--
                            (1) improving the information base required 
                        for determining the effectiveness of new 
                        programs by such means as pilot testing survey 
                        research, and other experimental and analytical 
                        techniques;
                            (2) improving analytical and systematic 
                        evaluation of the effectiveness of existing 
                        programs;
                            (3) establishing maximum and minimum time 
                        limitations for program authorization; and
                            (4) developing techniques of human resource 
                        accounting and other means of providing 
                        noneconomic as well as economic evaluation 
                        measures.
                (b) The Committee on the Budget of each House shall, 
            from time to time, report to its House the results of the 
            study carried on by it under subsection (a) of this section, 
            together with its recommendations.
                (c) Nothing in this section shall preclude studies to 
            improve the budgetary process by any other committee of the 
            House of Representatives or the Senate or any joint 
            committee of the Congress. (Pub. L. 93-344, Title VII, 
            Sec. 703, July 12, 1974, 88 Stat. 326.)

[[Page 415]]



            
                     Subchapter I.--Congressional Budget Process

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

------------------------------------------------------------------------
                            On or before:        Action to be completed:
------------------------------------------------------------------------
                      First Monday in February  President submits his
                                                 budget.
                      February 15.............  Congressional Budget
                                                 Office submits report
                                                 to Budget Committees.
                      Not later than 6 weeks    Committees submit views
                       after President submits   and estimates to Budget
                       Budget.                   Committees.
                      April 1.................  Senate Budget Committee
                                                 reports concurrent
                                                 resolution on the
                                                 budget.
                      April 15................  Congress completes
                                                 action on concurrent
                                                 resolution on the
                                                 budget.
                      May 15..................  Annual appropriation
                                                 bills may be considered
                                                 in the House.
                      June 10.................  House Appropriations
                                                 Committee reports last
                                                 annual appropriation
                                                 bill.
                      June 15.................  Congress completes
                                                 action on
                                                 reconciliation
                                                 legislation.
                      June 30.................  House completes action
                                                 on annual appropriation
                                                 bills.
                      October 1...............  Fiscal year begins.
------------------------------------------------------------------------

            (Pub. L. 93-344, Title III, Sec. 300, July 12, 1974, 88 
            Stat. 306; Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12, 
            1985, 99 Stat. 1040; Pub. L. 101-508, Title XIII, 
            13112(a)(4), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L. 105-
            33, Title X, Sec. 10104(a), Aug. 5, 1997, 111 Stat. 679.)

  399.39-5
  399.39-5  Sec. 632. Annual adoption of concurrent resolution on the 
                budget.
            (a) Content of concurrent resolution on the budget
                On or before April 15 of each year, the Congress shall 
            complete action on a concurrent resolution on the budget for 
            the fiscal year beginning on October 1 of such year. The 
            concurrent resolution shall set forth appropriate levels for 
            the fiscal year beginning on October 1 of such year and for 
            at least each of the 4 ensuing fiscal years for the 
            following--
                            (1) totals of new budget authority and 
                        outlays;
                            (2) total Federal revenues and the amount, 
                        if any, by which the aggregate level of Federal 
                        revenues should be increased or decreased by 
                        bills and resolutions to be reported by the 
                        appropriate committees;
                            (3) the surplus or deficit in the budget;
                            (4) new budget authority and outlays for 
                        each major functional category, based on 
                        allocations of the total levels set forth 
                        pursuant to paragraph (1);
                            (5) the public debt;
                            (6) For \1\ purposes of Senate enforcement 
                        under this subchapter, outlays of the old-age, 
                        survivors, and disability insurance program 
                        established under title II of the Social 
                        Security Act [42 U.S.C. 401

[[Page 416]]

                        et seq.] for the fiscal year of the resolution 
                        and for each of the 4 succeeding fiscal years; 
                        and
                \1\ So in original. Probably should be ``for''.
                            (7) For \1\ purposes of Senate enforcement 
                        under this subchapter, revenues of the old-age, 
                        survivors, and disability insurance program 
                        established under title II of the Social 
                        Security Act (and the related provisions of 
                        title 26) for the fiscal year of the resolution 
                        and for each of the 4 succeeding fiscal years.
                \1\ So in original. Probably should be ``for''.

            The concurrent resolution shall not include the outlays and 
            revenue totals of the old age, survivors, and disability 
            insurance program established under title II of the Social 
            Security Act [42 U.S.C. 401 et seq.] or the related 
            provisions of title 26 in the surplus or deficit totals 
            required by this subsection or in any other surplus or 
            deficit totals required by this subchapter.

            (b) Additional matters in concurrent resolution
                The concurrent resolution on the budget may--
                            (1) set forth, if required by subsection (f) 
                        of this section, the calendar year in which, in 
                        the opinion of the Congress, the goals for 
                        reducing unemployment set forth in section 4(b) 
                        of the Employment Act of 1946 [15 U.S.C. 
                        1022a(b)] should be achieved;
                            (2) include reconciliation directives 
                        described in section 641 of this title;
                            (3) require a procedure under which all or 
                        certain bills or resolutions providing new 
                        budget authority or new entitlement authority 
                        for such fiscal year shall not be enrolled until 
                        the Congress has completed action on any 
                        reconciliation bill or reconciliation resolution 
                        or both required by such concurrent resolution 
                        to be reported in accordance with section 641(b) 
                        of this title;
                            (4) set forth such other matters, and 
                        require such other procedures, relating to the 
                        budget, as may be appropriate to carry out the 
                        purposes of this Act;
                            (5) include a heading entitled ``Debt 
                        Increase as Measure of Deficit'' in which the 
                        concurrent resolution shall set forth the 
                        amounts by which the debt subject to limit (in 
                        section 3101 of title 31) has increased or would 
                        increase in each of the relevant fiscal years;
                            (6) include a heading entitled ``Display of 
                        Federal Retirement Trust Fund Balances'' in 
                        which the concurrent resolution shall set forth 
                        the balances of the Federal retirement trust 
                        funds.
                            (7) set forth procedures in the Senate 
                        whereby committee allocations, aggregates, and 
                        other levels can be revised for legislation if 
                        that legislation would not increase the deficit, 
                        or would not increase the deficit when taken 
                        with other legislation enacted after the 
                        adoption of the resolution, for the first fiscal 
                        year or the total period of fiscal years covered 
                        by the resolution;
                            (8) set forth procedures to effectuate pay-
                        as-you-go in the House of Representatives; and
                            (9) set forth direct loan obligation and 
                        primary loan guarantee commitment levels.

[[Page 417]]

            (c) Consideration of procedures or matters which have effect 
                of changing any rule of House
                If the Committee on the Budget of the House of 
            Representatives reports any concurrent resolution on the 
            budget which includes any procedure or matter which has the 
            effect of changing any rule of the House of Representatives, 
            such concurrent resolution shall then be referred to the 
            Committee on Rules with instructions to report it within 
            five calendar days (not counting any day on which the House 
            is not in session). The Committee on Rules shall have 
            jurisdiction to report any concurrent resolution referred to 
            it under this paragraph with an amendment or amendments 
            changing or striking out any such procedure or matter.
            (d) Views and estimates of other committees
                Within 6 weeks after the President submits a budget 
            under section 1105(a) of title 31, or at such time as may be 
            requested by the Committee on the Budget, each committee of 
            the House of Representatives having legislative jurisdiction 
            shall submit to the Committee on the Budget of the House and 
            each committee of the Senate having legislative jurisdiction 
            shall submit to the Committee on the Budget of the Senate 
            its views and estimates (as determined by the committee 
            making such submission) with respect to all matters set 
            forth in subsections (a) and (b) of this section which 
            relate to matters within the jurisdiction or functions of 
            such committee. The Joint Economic Committee shall submit to 
            the Committees on the Budget of both Houses its 
            recommendations as to the fiscal policy appropriate to the 
            goals of the Employment Act of 1946 [15 U.S.C. 1021 et 
            seq.]. Any other committee of the House of Representatives 
            or the Senate may submit to the Committee on the Budget of 
            its House, and any joint committee of the Congress may 
            submit to the Committees on the Budget of both Houses, its 
            views and estimates with respect to all matters set forth in 
            subsections (a) and (b) of this section which relate to 
            matters within its jurisdiction or functions. Any Committee 
            of the House of Representatives or the Senate that 
            anticipates that the committee will consider any proposed 
            legislation establishing, amending, or reauthorizing any 
            Federal program likely to have a significant budgetary 
            impact on any State, local, or tribal government, or likely 
            to have a significant financial impact on the private 
            sector, including any legislative proposal submitted by the 
            executive branch likely to have such a budgetary or 
            financial impact, shall include its views and estimates on 
            that proposal to the Committee on the Budget of the 
            applicable House.
            (e) Hearings and report
                (1) In general
                            In developing the concurrent resolution on 
                        the budget referred to in subsection (a) of this 
                        section for each fiscal year, the Committee on 
                        the Budget of each House shall hold hearings and 
                        shall receive testimony from Members of Congress 
                        and such appropriate representatives of Federal 
                        departments and agencies, the general public, 
                        and national organizations as the committee 
                        deems desirable. Each of the recommendations as 
                        to short-term and medium-term goals set forth in 
                        the report submitted by the members of the Joint 
                        Economic Committee under subsection (d) of this 
                        section may be considered by the Committee on 
                        the Budget of each House as part

[[Page 418]]

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

[[Page 419]]

            1022a(e)], the President recommends in the Economic Report 
            that such goals be achieved in a year which is different 
            from the year in which the Congress has expressed its 
            opinion that such goals should be achieved, either in its 
            action pursuant to paragraph (1) or in its most recent 
            action pursuant to this paragraph, the concurrent resolution 
            on the budget for the fiscal year beginning after the date 
            on which such Economic Report is received by the Congress 
            may set forth the year in which, in the opinion of the 
            Congress, such goals can be achieved.
                (3) It shall be in order to amend the provision of such 
            resolution setting forth such year only if the amendment 
            thereto also proposes to alter the estimates, amounts, and 
            levels (as described in subsection (a) of this section) set 
            forth in such resolution in germane fashion in order to be 
            consistent with the economic goals (as described in sections 
            3(a)(2) and 4(b) of the Employment Act of 1946 [15 U.S.C. 
            1022(a)(2), 1022a(b)]) which such amendment proposes can be 
            achieved by the year specified in such amendment.
            (g) Economic assumptions
                (1) It shall not be in order in the Senate to consider 
            any concurrent resolution on the budget for a fiscal year, 
            or any amendment thereto, or any conference report thereon, 
            that sets forth amounts and levels that are determined on 
            the basis of more than one set of economic and technical 
            assumptions.
                (2) The joint explanatory statement accompanying a 
            conference report on a concurrent resolution on the budget 
            shall set forth the common economic assumptions upon which 
            such joint statement and conference report are based, or 
            upon which any amendment contained in the joint explanatory 
            statement to be proposed by the conferees in the case of 
            technical disagreement, is based.
                (3) Subject to periodic reestimation based on changed 
            economic conditions or technical estimates, determinations 
            under titles III and IV of the Congressional Budget Act of 
            1974 shall be based upon such common economic and technical 
            assumptions.
            (h) Budget Committee's consultation with committees
                The Committee on the Budget of the House of 
            Representatives shall consult with the committees of its 
            House having legislative jurisdiction during the 
            preparation, consideration, and enforcement of the 
            concurrent resolution on the budget with respect to all 
            matters which relate to the jurisdiction or functions of 
            such committees.
            (i) Social security point of order
                It shall not be in order in the Senate to consider any 
            concurrent resolution on the budget (or amendment, motion, 
            or conference report on the resolution) that would decrease 
            the excess of social security revenues over social security 
            outlays in any of the fiscal years covered by the concurrent 
            resolution. No change in chapter 1 of the Internal Revenue 
            Code of 1986 shall be treated as affecting the amount of 
            social security revenues unless such provision changes the 
            income tax treatment of social security benefits. (Pub. L. 
            93-344, Title III, Sec. 301, July 12, 1974, 88 Stat. 306; 
            Pub. L. 95-523, Title III, Secs. 303(a), 304, Oct. 27, 1978, 
            92 Stat. 1905, 1906; Pub. L. 99-177, Title II, Sec. 201(b), 
            Dec. 12, 1985, 99 Stat. 1040; Pub. L. 100-119, Title I, 
            Sec. 106(d), Title II, Sec. 208(a), Sept. 29, 1987, 101 
            Stat. 781, 786; Pub. L. 100-418, Title

[[Page 420]]

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

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

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

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

                            (B) In the House

                                In the House of Representatives, the 
                            amounts allocated to each committee for each 
                            fiscal year, other than the Committee on 
                            Appropriations, shall be further divided 
                            between amounts provided or required by law 
                            on the date of filing of that conference 
                            report and amounts not so provided or 
                            required. The amounts allocated to the 
                            Committee on Appropriations shall be further 
                            divided--

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

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

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

[[Page 421]]

                        House of Representatives shall submit to the 
                        House, as soon as practicable, an allocation 
                        under paragraph (1) to the Committee on 
                        Appropriations consistent with the discretionary 
                        spending levels in the most recently agreed to 
                        concurrent resolution on the budget for the 
                        appropriate fiscal year covered by that 
                        resolution.
                            (B) As soon as practicable after an 
                        allocation under paragraph (1) is submitted 
                        under this section, the Committee on 
                        Appropriations shall make suballocations and 
                        report those suballocations to the House of 
                        Representatives.
            (b) Suballocations by Appropriations Committees
                As soon as practicable after a concurrent resolution on 
            the budget is agreed to, the Committee on Appropriations of 
            each House (after consulting with the Committee on 
            Appropriations of the other House) shall suballocate each 
            amount allocated to it for the budget year under subsection 
            (a) of this section among its subcommittees. Each Committee 
            on Appropriations shall promptly report to its House 
            suballocations made or revised under this subsection. The 
            Committee on Appropriations of the House of Representatives 
            shall further divide among its subcommittees the divisions 
            made under subsection (a)(3)(B) of this section and promptly 
            report those divisions to the House.
            (c) Point of order
                After the Committee on Appropriations has received an 
            allocation pursuant to subsection (a) of this section for a 
            fiscal year, it shall not be in order in the House of 
            Representatives or the Senate to consider any bill, joint 
            resolution, amendment, motion, or conference report within 
            the jurisdiction of that committee providing new budget 
            authority for that fiscal year, until that committee makes 
            the suballocations required by subsection (b) of this 
            section.
            (d) Subsequent concurrent resolutions
                In the case of a concurrent resolution on the budget 
            referred to in section 635 of this title, the allocations 
            under subsection (a) of this section and the subdivisions 
            under subsection (b) of this section shall be required only 
            to the extent necessary to take into account revisions made 
            in the most recently agreed to concurrent resolution on the 
            budget.
            (e) Alteration of allocations
                At any time after a committee reports the allocations 
            required to be made under subsection (b) of this section, 
            such committee may report to its House an alteration of such 
            allocations. Any alteration of such allocations must be 
            consistent with any actions already taken by its House on 
            legislation within the committee's jurisdiction.
            (f) Legislation subject to point of order
                (1) In the House of Representatives
                            After the Congress has completed action on a 
                        concurrent resolution on the budget for a fiscal 
                        year, it shall not be in order in the House of 
                        Representatives to consider any bill, joint 
                        resolution, or amendment providing new budget 
                        authority for any fiscal year, or any conference 
                        report on any such bill or joint resolution, 
                        if--

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

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

[[Page 422]]

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

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

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

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

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

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

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

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

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

            would not increase the deficit, and, if the sum of any 
            revenue increases provided in legislation already enacted 
            during the current session (when added to revenue increases, 
            if any, in excess of any outlay increase provided by the 
            legislation proposed for consideration) is at least as great 
            as the sum of the amount, if any, by which the aggregate 
            level of Federal revenues should be increased as set forth 
            in that concurrent resolution and the amount, if any, by 
            which revenues are to be increased pursuant to pay-as-you-go 
            procedures under section 632(b)(8) of this title, if 
            included in that concurrent resolution.

                            (B) Section 642(a) of this title, as that 
                        section applies to revenues, shall not apply to 
                        any bill, joint resolution, amendment thereto, 
                        or conference report thereon if, for each fiscal 
                        year covered by the most recently agreed to 
                        concurrent resolution on the budget--

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

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

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

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

[[Page 423]]

                (2) Revised allocations
                            (A) As soon as practicable after Congress 
                        agrees to a bill or joint resolution that would 
                        have been subject to a point of order under 
                        subsection (f)(1) of this section but for the 
                        exception provided in paragraph (1)(A) or would 
                        have been subject to a point of order under 
                        section 642(a) of this title but for the 
                        exception provided in paragraph (1)(B), the 
                        chairman of the committee on the Budget of the 
                        House of Representatives shall file with the 
                        House appropriately revised allocations under 
                        section 633(a) of this title and revised 
                        functional levels and budget aggregates to 
                        reflect that bill.
                            (B) Such revised allocations, functional 
                        levels, and budget aggregates shall be 
                        considered for the purposes of this Act as 
                        allocations, functional levels, and budget 
                        aggregates contained in the most recently agreed 
                        to concurrent resolution on the budget. (Pub. L. 
                        93-344, Title III, Sec. 302, July 12, 1974, 88 
                        Stat. 308; Pub. L. 99-177, Title II, 
                        Sec. 201(b), Dec. 12, 1985, 99 Stat. 1044; Pub. 
                        L. 101-508, Title XIII, Secs. 13112(a)(6), (7), 
                        13201(b)(2), (3), 13207(a)(1)(A), (B), (2), 
                        13303(c), Nov. 5, 1990, 104 Stat. 1388-608, 
                        1388-614, 1388-617, 1388-618, 1388-625; Pub. L. 
                        105-33, Title X, Sec. 10106, Aug. 5, 1997, 111 
                        Stat. 680.)
  399.39-7
  399.39-7  Sec. 634. Concurrent resolution on the budget must be 
                adopted before budget-related legislation is considered.
            (a) In general
                Until the concurrent resolution on the budget for a 
            fiscal year has been agreed to, it shall not be in order in 
            the House of Representatives, with respect to the first 
            fiscal year covered by that resolution, or the Senate, with 
            respect to any fiscal year covered by that resolution, to 
            consider any bill or joint resolution, amendment or motion 
            thereto, or conference report thereon that--
                            (1) first provides new budget authority for 
                        that fiscal year;
                            (2) first provides an increase or decrease 
                        in revenues during that fiscal year;
                            (3) provides an increase or decrease in the 
                        public debt limit to become effective during 
                        that fiscal year;
                            (4) in the Senate only, first provides new 
                        entitlement authority for that fiscal year; or
                            (5) in the Senate only, first provides for 
                        an increase or decrease in outlays for that 
                        fiscal year.
            (b) Exceptions in the House
                In the House of Representatives, subsection (a) of this 
            section does not apply--
                            (1)(A) to any bill or joint resolution, as 
                        reported, providing advance discretionary new 
                        budget authority that first becomes available 
                        for the first or second fiscal year after the 
                        budget year; or
                            (B) to any bill or joint resolution, as 
                        reported, first increasing or decreasing 
                        revenues in a fiscal year following the fiscal 
                        year to which the concurrent resolution applies;
                            (2) after May 15, to any general 
                        appropriation bill or amendment thereto; or
                            (3) to any bill or joint resolution unless 
                        it is reported by a committee.

[[Page 424]]

            (c) Application to appropriation measures in the Senate
                (1) In general
                            Until the concurrent resolution on the 
                        budget for a fiscal year has been agreed to and 
                        an allocation has been made to the Committee on 
                        Appropriations of the Senate under section 
                        633(a) of this title for that year, it shall not 
                        be in order in the Senate to consider any 
                        appropriation bill or joint resolution, 
                        amendment or motion thereto, or conference 
                        report thereon for that year or any subsequent 
                        year.
                (2) Exception
                            Paragraph (1) does not apply to 
                        appropriations legislation making advance 
                        appropriations for the first or second fiscal 
                        year after the year the allocation referred to 
                        in that paragraph is made. (Pub. L. 93-344, 
                        Title III, Sec. 303, July 12, 1974, 88 Stat. 
                        309; Pub. L. 99-177, Title II, Sec. 201(b), Dec. 
                        12, 1985, 99 Stat. 1046; Pub. L. 101-508, Title 
                        XIII, Secs. 13205, 13207(a)(1)(C), Nov. 5, 1990, 
                        104 Stat. 1388-616, 1388-617; Pub. L. 105-33, 
                        Title X, Sec. 10107(a), Aug. 5, 1997, 111 Stat. 
                        683.)
  399.39-8
  399.39-8  Sec. 635. Permissible revisions of concurrent resolutions on 
                the budget.
                At any time after the concurrent resolution on the 
            budget for a fiscal year has been agreed to pursuant to 
            section 632 of this title, and before the end of such fiscal 
            year, the two Houses may adopt a concurrent resolution on 
            the budget which revises or reaffirms the concurrent 
            resolution on the budget for such fiscal year most recently 
            agreed to. (Pub. L. 93-344, Title III, Sec. 304, July 12, 
            1974, 88 Stat. 310; Pub. L. 99-177, Title II, Sec. 201(b), 
            Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100-119, Title II, 
            Sec. 208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L. 101-508, 
            Title XIII, Sec. 13112(a)(8), Nov. 5, 1990, 104 Stat. 1388-
            608; Pub. L. 105-33, Title X, Sec. 10108, Aug. 5, 1997, 111 
            Stat. 684.)
  399.39-9
  399.39-9  Sec. 636. Provisions relating to consideration of concurrent 
                resolutions on the budget.
            (a) Procedure in House after report of Committee; debate
                (1) When a concurrent resolution on the budget has been 
            reported by the Committee on the Budget of the House of 
            Representatives and has been referred to the appropriate 
            calendar of the House, it shall be in order on any day 
            thereafter, subject to clause 2(l)(6) of rule XI of the 
            Rules of the House of Representatives, to move to proceed to 
            the consideration of the concurrent resolution. The motion 
            is highly privileged and is not debatable. An amendment to 
            the motion is not in order and it is not in order to move to 
            reconsider the vote by which the motion is agreed to or 
            disagreed to.
                (2) General debate on any concurrent resolution on the 
            budget in the House of Representatives shall be limited to 
            not more than 10 hours, which shall be divided equally 
            between the majority and minority parties, plus such 
            additional hours of debate as are consumed pursuant to 
            paragraph (3). A motion further to limit debate is not 
            debatable. A motion to recommit the concurrent resolution is 
            not in order, and it is not in order to move to reconsider 
            the vote by which the concurrent resolution is agreed to or 
            disagreed to.

[[Page 425]]

                (3) Following the presentation of opening statements on 
            the concurrent resolution on the budget for a fiscal year by 
            the chairman and ranking minority member of the Committee on 
            the Budget of the House, there shall be a period of up to 
            four hours for debate on economic goals and policies.
                (4) Only if a concurrent resolution on the budget 
            reported by the Committee on the Budget of the House sets 
            forth the economic goals (as described in sections 
            1022(a)(2) and 1022a(b) of title 15) which the estimates, 
            amounts, and levels (as described in section 632(a) of this 
            title) set forth in such resolution are designed to achieve, 
            shall it be in order to offer to such resolution an 
            amendment relating to such goals, and such amendment shall 
            be in order only if it also proposes to alter such 
            estimates, amounts, and levels in germane fashion in order 
            to be consistent with the goals proposed in such amendment.
                (5) Consideration of any concurrent resolution on the 
            budget by the House of Representatives shall be in the 
            Committee of the Whole, and the resolution shall be 
            considered for amendment under the five-minute rule in 
            accordance with the applicable provisions of rule XXIII \1\ 
            of the Rules of the House of Representatives. After the 
            Committee rises and reports the resolution back to the 
            House, the previous question shall be considered as ordered 
            on the resolution and any amendments thereto to final 
            passage without intervening motion; except that it shall be 
            in order at any time prior to final passage (notwithstanding 
            any other rule or provision of law) to adopt an amendment 
            (or a series of amendments) changing any figure or figures 
            in the resolution as so reported to the extent necessary to 
            achieve mathematical consistency.
                \1\ Recodified at the beginning of the 106th Congress as 
                rule XVIII.
                (6) Debate in the House of Representatives on the 
            conference report on any concurrent resolution on the budget 
            shall be limited to not more than 5 hours, which shall be 
            divided equally between the majority and minority parties. A 
            motion further to limit debate is not debatable. A motion to 
            recommit the conference report is not in order, and it is 
            not in order to move to reconsider the vote by which the 
            conference report is agreed to or disagreed to.
                (7) Appeals from decisions of the Chair relating to the 
            application of the Rules of the House of Representatives to 
            the procedure relating to any concurrent resolution on the 
            budget shall be decided without debate.
            (b) Procedure in Senate after report of Committee; debate; 
                amendments
                (1) Debate in the Senate on any concurrent resolution on 
            the budget, and all amendments thereto and debatable motions 
            and appeals in connection therewith, shall be limited to not 
            more than 50 hours, except that with respect to any 
            concurrent resolution referred to in section 635(a) of this 
            title all such debate shall be limited to not more than 15 
            hours. The time shall be equally divided between, and 
            controlled by, the majority leader and the minority leader 
            or their designees.
                (2) Debate in the Senate on any amendment to a 
            concurrent resolution on the budget shall be limited to 2 
            hours, to be equally divided between, and controlled by, the 
            mover and the manager of the concurrent resolution, and 
            debate on any amendment to an amendment, debatable motion, 
            or appeal shall be limited to 1 hour, to be equally divided 
            between,

[[Page 426]]

            and controlled by, the mover and the manager of the 
            concurrent resolution, except that in the event the manager 
            of the concurrent resolution is in favor of any such 
            amendment, motion, or appeal, the time in opposition thereto 
            shall be controlled by the minority leader or his designee. 
            No amendment that is not germane to the provisions of such 
            concurrent resolution shall be received. Such leaders, or 
            either of them, may, from the time under their control on 
            the passage of the concurrent resolution, allot additional 
            time to any Senator during the consideration of any 
            amendment, debatable motion, or appeal.
                (3) Following the presentation of opening statements on 
            the concurrent resolution on the budget for a fiscal year by 
            the chairman and ranking minority member of the Committee on 
            the Budget of the Senate, there shall be a period of up to 
            four hours for debate on economic goals and policies.
                (4) Subject to the other limitations of this Act, only 
            if a concurrent resolution on the budget reported by the 
            Committee on the Budget of the Senate sets forth the 
            economic goals (as described in sections 1022(a)(2) and 
            1022a(b) of title 15) which the estimates, amounts, and 
            levels (as described in section 632(a) of this title) set 
            forth in such resolution are designed to achieve, shall it 
            be in order to offer to such resolution an amendment 
            relating to such goals, and such amendment shall be in order 
            only if it also proposes to alter such estimates, amounts, 
            and levels in germane fashion in order to be consistent with 
            the goals proposed in such amendment.
                (5) A motion to further limit debate is not debatable. A 
            motion to recommit (except a motion to recommit with 
            instructions to report back within a specified number of 
            days, not to exceed 3, not counting any day on which the 
            Senate is not in session) is not in order. Debate on any 
            such motion to recommit shall be limited to 1 hour, to be 
            equally divided between, and controlled by, the mover and 
            the manager of the concurrent resolution.
                (6) Notwithstanding any other rule, an amendment or 
            series of amendments to a concurrent resolution on the 
            budget proposed in the Senate shall always be in order if 
            such amendment or series of amendments proposes to change 
            any figure or figures then contained in such concurrent 
            resolution so as to make such concurrent resolution 
            mathematically consistent or so as to maintain such 
            consistency.
            (c) Action on conference reports in Senate
                (1) A motion to proceed to the consideration of the 
            conference report on any concurrent resolution on the budget 
            (or a reconciliation bill or resolution) may be made even 
            though a previous motion to the same effect has been 
            disagreed to.
                (2) During the consideration in the Senate of the 
            conference report (or a message between Houses) on any 
            concurrent resolution on the budget, and all amendments in 
            disagreement, and all amendments thereto, and debatable 
            motions and appeals in connection therewith, debate shall be 
            limited to 10 hours, to be equally divided between, and 
            controlled by, the majority leader and minority leader or 
            their designees. Debate on any debatable motion or appeal 
            related to the conference report (or a message between 
            Houses) shall be limited to 1 hour, to be equally divided 
            between, and controlled by, the mover and the manager of the 
            conference report.

[[Page 427]]

                (3) Should the conference report be defeated, debate on 
            any request for a new conference and the appointment of 
            conferees shall be limited to 1 hour, to be equally divided 
            between, and controlled by, the manager of the conference 
            report and the minority leader or his designee, and should 
            any motion be made to instruct the conferees before the 
            conferees are named, debate on such motion shall be limited 
            to one-half hour, to be equally divided between, and 
            controlled by, the mover and the manager of the conference 
            report. Debate on any amendment to any such instructions 
            shall be limited to 20 minutes, to be equally divided 
            between and controlled by the mover and the manager of the 
            conference report. In all cases when the manager of the 
            conference report is in favor of any motion, appeal, or 
            amendment, the time in opposition shall be under the control 
            of the minority leader or his designee.
                (4) In any case in which there are amendments in 
            disagreement, time on each amendment shall be limited to 30 
            minutes, to be equally divided between, and controlled by, 
            the manager of the conference report and the minority leader 
            or his designee. No amendment that is not germane to the 
            provisions of such amendments shall be received.
            (d) Concurrent resolution must be consistent in Senate
                It shall not be in order in the Senate to vote on the 
            question of agreeing to--
                            (1) a concurrent resolution on the budget 
                        unless the figures then contained in such 
                        resolution are mathematically consistent; or
                            (2) a conference report on a concurrent 
                        resolution on the budget unless the figures 
                        contained in such resolution, as recommended in 
                        such conference report, are mathematically 
                        consistent. (Pub. L. 93-344, Title III, 
                        Sec. 305, July 12, 1974, 88 Stat. 310; Pub. L. 
                        95-523, Title III, Sec. 303(b), (c), Oct. 27, 
                        1978, 92 Stat. 1905, 1906; Pub. L. 99-177, Title 
                        II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1047; 
                        Pub. L. 100-119, Title II, Sec. 209, Sept. 29, 
                        1987, 101 Stat. 787; Pub. L. 100-203 Title VIII, 
                        Sec. 8003(d), Dec. 22, 1987, 101 Stat. 1330-282; 
                        Pub. L. 101-508, Title XIII, Sec. 13209, 
                        13210(1), Nov. 5, 1990, 104 Stat. 1388-619, 
                        1388-620; Pub. L. 105-33, Title X, 
                        Sec. 10109(a), Aug. 5, 1997, 111 Stat. 684.)
 399.39-10
 399.39-10  Sec. 637. Legislation dealing with Congressional budget must 
                be handled by Budget Committees
                No bill, resolution, amendment, motion, or conference 
            report, dealing with any matter which is within the 
            jurisdiction of the committee on the Budget of either House 
            shall be considered in that House unless it is a bill or 
            resolution which has been reported by the Committee on the 
            Budget of that House (or from the consideration of which 
            such committee has been discharged) or unless it is an 
            amendment to such a bill or resolution. (Pub. L. 93-344, 
            Title III, Sec. 306, July 12, 1974, 88 Stat. 313; Pub. L. 
            99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1050; 
            Pub. L. 101-508, Title XIII, Sec. 13207(a)(1)(D), Nov. 5, 
            1990, 104 Stat. 1388-617.)
 399.39-11
 399.39-11  Sec. 638. House committee action on all appropriation bills 
                to be completed by June 10.
                On or before June 10 of each year, the Committee on 
            Appropriations of the House of Representatives shall report 
            annual appropriation bills providing new budget authority 
            under the jurisdiction of all of its sub

[[Page 428]]

            committees for the fiscal year which begins on October 1 of 
            that year. (Pub. L. 93-344, Title III, Sec. 307, July 12, 
            1974, 88 Stat. 313; Pub. L. 99-177, Title II, Sec. 201(b), 
            Dec. 12, 1985, 99 Stat. 1051.)
 399.39-12
 399.39-12  Sec. 639. Reports, summaries, and projections of 
                Congressional budget actions.
            (a) Reports on legislation providing new budget authority or 
                providing increase or decrease in revenues or tax 
                expenditures
                (1) Whenever a committee of either House reports to its 
            House a bill or joint resolution, or committee amendment 
            thereto, providing new budget authority (other than 
            continuing appropriations) or providing an increase or 
            decrease in revenues or tax expenditures for a fiscal year 
            (or fiscal years), the report accompanying that bill or 
            joint resolution shall contain a statement, or the committee 
            shall make available such a statement in the case of an 
            approved committee amendment which is not reported to its 
            House, prepared after consultation with the Director of the 
            Congressional Budget Office--
                            (A) comparing the levels in such measure to 
                        the appropriate allocations in the reports 
                        submitted under section 633(b) of this title for 
                        the most recently agreed to concurrent 
                        resolution on the budget for such fiscal year 
                        (or fiscal years);
                            (B) containing a projection by the 
                        Congressional Budget Office of how such measure 
                        will affect the levels of such budget authority, 
                        budget outlays, revenues, or tax expenditures 
                        under existing law for such fiscal year (or 
                        fiscal years) and each of the four ensuing 
                        fiscal years, if timely submitted before such 
                        report is filed; and
                            (C) containing an estimate by the 
                        Congressional Budget Office of the level of new 
                        budget authority for assistance to State and 
                        local governments provided by such measure, if 
                        timely submitted before such report is filed.
                (2) Whenever a conference report is filed in either 
            House and such conference report or any amendment reported 
            in disagreement or any amendment contained in the joint 
            statement of managers to be proposed by the conferees in the 
            case of technical disagreement on such bill or joint 
            resolution provides new budget authority (other than 
            continuing appropriations) or provides an increase or 
            decrease in revenues for a fiscal year (or fiscal years), 
            the statement of managers accompanying such conference 
            report shall contain the information described in paragraph 
            (1), if available on a timely basis. If such information is 
            not available when the conference report is filed, the 
            committee shall make such information available to Members 
            as soon as practicable prior to the consideration of such 
            conference report.
            (b) Up-to-date tabulations of Congressional budget action
                (1) The Director of the Congressional Budget Office 
            shall issue to the committees of the House of 
            Representatives and the Senate reports on at least a monthly 
            basis detailing and tabulating the progress of congressional 
            action on bills and joint resolutions providing new budget 
            authority or providing an increase or decrease in revenues 
            or tax expenditures for each fiscal year covered by a 
            concurrent resolution on the budget. Such reports shall 
            include but are not limited to an up-to-date tabulation 
            comparing the appropriate aggregate and functional levels 
            (including outlays) included in the most recently adopted 
            concurrent resolution on the budget with the levels provided 
            in bills and joint

[[Page 429]]

            resolutions reported by committees or adopted by either 
            House or by the Congress, and with the levels provided by 
            law for the fiscal year preceding the first fiscal year 
            covered by the appropriate concurrent resolution.
                (2) The Committee on the Budget of each House shall make 
            available to Members of its House summary budget 
            scorekeeping reports. Such reports--
                            (A) shall be made available on at least a 
                        monthly basis, but in any case frequently enough 
                        to provide Members of each House an accurate 
                        representation of the current status of 
                        congressional consideration of the budget;
                            (B) shall include, but are not limited to, 
                        summaries of tabulations provided under 
                        subsection (b)(1) of this section; and
                            (C) shall be based on information provided 
                        under subsection (b)(1) of this section without 
                        substantive revision.

            The chairman of the Committee on the Budget of the House of 
            Representatives shall submit such reports to the Speaker.

            (c) Five-year projection of Congressional budget action
                As soon as practicable after the beginning of each 
            fiscal year, the Director of the Congressional Budget Office 
            shall issue a report projecting for the period of 5 fiscal 
            years beginning with such fiscal year--
                            (1) total new budget authority and total 
                        budget outlays for each fiscal year in such 
                        period;
                            (2) revenues to be received and the major 
                        sources thereof, and the surplus or deficit, if 
                        any, for each fiscal year in such period;
                            (3) tax expenditures for each fiscal year in 
                        such period; and
                            (4) entitlement authority for each fiscal 
                        year in such period. (Pub. L. 93-444, Title III, 
                        Sec. 308, July 12, 1974, 88 Stat. 31-313; Pub. 
                        L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 
                        99 Stat. 1051; Pub. L. 101-508, Title XIII, 
                        Sec. 13206, Nov. 5, 1990, 104 Stat. 1388-617; 
                        Pub. L. 105-33, Title X, Sec. 10110, Aug. 5, 
                        1997, 111 Stat. 685.)
 399.39-13
 399.39-13  Sec. 640. House approval of regular appropriation bills.
                It shall not be in order in the House of Representatives 
            to consider any resolution providing for an adjournment 
            period of more than three calendar days during the month of 
            July until the House of Representatives has approved annual 
            appropriation bills providing new budget authority under the 
            jurisdiction of all the subcommittees of the Committee on 
            Appropriations for the fiscal year beginning on October 1 of 
            such year. For purposes of this section, the chairman of the 
            Committee on Appropriations of the House of Representatives 
            shall periodically advise the Speaker as to changes in 
            jurisdiction among its various subcommittees. (Pub. L. 93-
            344, Title III, Sec. 309, July 12, 1974, 88 Stat. 314; Pub. 
            L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 
            1052.)
 399.39-14
 399.39-14  Sec. 641. Reconciliation.
            (a) Inclusion of reconciliation directives in concurrent 
                resolutions on the budget.
                A concurrent resolution on the budget for any fiscal 
            year, to the extent necessary to effectuate the provisions 
            and requirements of such resolution, shall--
                            (1) specify the total amount by which--

                                (A) new budget authority for such fiscal 
                            year;

[[Page 430]]

                                (B) budget authority initially provided 
                            for prior fiscal years;

                                (C) new entitlement authority which is 
                            to become effective during such fiscal year; 
                            and--

                                (D) credit authority for such fiscal 
                            year, contained in laws, bills, and 
                            resolutions within the jurisdiction of a 
                            committee, is to be changed and direct that 
                            committee to determine and recommend changes 
                            to accomplish a change of such total amount;

                            (2) specify the total amount by which 
                        revenues are to be changed and direct that the 
                        committees having jurisdiction to determine and 
                        recommend changes in the revenue laws, bills, 
                        and resolutions to accomplish a change of such 
                        total amount;
                            (3) specify the amounts by which the 
                        statutory limit on the public debt is to be 
                        changed and direct the committee having 
                        jurisdiction to recommend such change; or
                            (4) specify and direct any combination of 
                        the matters described in paragraphs (1), (2), 
                        and (3) (including a direction to achieve 
                        deficit reduction).
            (b) Legislative procedure
                If a concurrent resolution containing directives to one 
            or more committees to determine and recommend changes in 
            laws, bills, or resolutions is agreed to in accordance with 
            subsection (a) of this section, and--
                            (1) only one committee of the House or the 
                        Senate is directed to determine and recommend 
                        changes, that committee shall promptly make such 
                        determination and recommendations and report to 
                        its House reconciliation legislation containing 
                        such recommendations; or
                            (2) more than one committee of the House or 
                        the Senate is directed to determine and 
                        recommend changes, each such committee so 
                        directed shall promptly make such determination 
                        and recommendations and submit such 
                        recommendations to the Committee on the Budget 
                        of its House, which, upon receiving all such 
                        recommendations, shall report to its House 
                        reconciliation legislation carrying out all such 
                        recommendations without any substantive 
                        revision.

            For purposes of this subsection, a reconciliation resolution 
            is a concurrent resolution directing the Clerk of the House 
            of Representatives or the Secretary of the Senate, as the 
            case may be, to make specified changes in bills and 
            resolutions which have not been enrolled.

            (c) Compliance with reconciliation directions
                (1) Any committee of the House of Representatives or the 
            Senate that is directed, pursuant to a concurrent resolution 
            on the budget, to determine and recommend changes of the 
            type described in paragraphs (1) and (2) of subsection (a) 
            of this section with respect to laws within its 
            jurisdiction, shall be deemed to have complied with such 
            directions--
                            (A) if--

                                (i) the amount of the changes of the 
                            type described in paragraph (1) of such 
                            subsection recommended by such committee do 
                            not exceed or fall below the amount of the 
                            changes such committee was directed by such 
                            concurrent resolution to recommend under 
                            such paragraph by more than

[[Page 431]]

                                        (I) in the Senate, 20 percent of 
                                    the total of the amounts of the 
                                    changes such committee was directed 
                                    to make under paragraphs (1) and (2) 
                                    of such subsection; or

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

                                (ii) the amount of the changes of the 
                            type described in paragraph (2) of such 
                            subsection recommended by such committee do 
                            not exceed or fall below the amount of the 
                            changes such committee was directed by such 
                            concurrent resolution to recommend under 
                            that paragraph by more than

                                        (I) in the Senate, 20 percent of 
                                    the total of the amounts of the 
                                    changes such committee was directed 
                                    to make under paragraphs (1) and (2) 
                                    of such subsection; or

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

                            (B) if the total amount of the changes 
                        recommended by such committee is not less than 
                        the total of the amounts of the changes such 
                        committee was directed to make under paragraphs 
                        (1) and (2) of such subsection.
                (2)(A) Upon the reporting to the Committee on the Budget 
            of the Senate of a recommendation that shall be deemed to 
            have complied with such directions solely by virtue of this 
            subsection, the chairman of that committee may file with the 
            Senate appropriately revised allocations under section 
            633(a) of this title and revised functional levels and 
            aggregates to carry out this subsection.
                (B) Upon the submission to the Senate of a conference 
            report recommending a reconciliation bill or resolution in 
            which a committee shall be deemed to have complied with such 
            directions solely by virtue of this subsection, the chairman 
            of the Committee on the Budget of the Senate may file with 
            the Senate appropriately revised allocations under section 
            633(a) of this title and revised functional levels and 
            aggregates to carry out this subsection.
                (C) Allocations, functional levels, and aggregates 
            revised pursuant to this paragraph shall be considered to be 
            allocations, functional levels, and aggregates contained in 
            the concurrent resolution on the budget pursuant to section 
            632 of this title.
                (D) Upon the filing of revised allocations pursuant to 
            this paragraph, the reporting committee shall report revised 
            allocations pursuant to section 633(b) of this title to 
            carry out this subsection.
            (d) Limitation on amendments to reconciliation bills and 
                resolutions
                (1) It shall not be in order in the House of 
            Representatives to consider any amendment to a 
            reconciliation bill or reconciliation resolution if such 
            amendment would have the effect of increasing any specific 
            budget outlays above the level of such outlays provided in 
            the bill or resolution (for the fiscal years covered by the 
            reconciliation instructions set forth in the most recently 
            agreed to concurrent resolution on the budget),

[[Page 432]]

            or would have the effect of reducing any specific Federal 
            revenues below the level of such revenues provided in the 
            bill or resolution (for such fiscal years), unless such 
            amendment makes at least an equivalent reduction in other 
            specific budget outlays, an equivalent increase in other 
            specific Federal revenues, or an equivalent combination 
            thereof (for such fiscal years), except that a motion to 
            strike a provision providing new budget authority or new 
            entitlement authority may be in order.
                (2) It shall not be in order in the Senate to consider 
            any amendment to a reconciliation bill or reconciliation 
            resolution if such amendment would have the effect of 
            decreasing any specific budget outlay reductions below the 
            level of such outlay reductions provided (for the fiscal 
            years covered) in the reconciliation instructions which 
            relate to such bill or resolution set forth in a resolution 
            providing for reconciliation, or would have the effect of 
            reducing Federal revenue increases below the level of such 
            revenue increases provided (for such fiscal years) in such 
            instructions relating to such bill or resolution, unless 
            such amendment makes a reduction in other specific budget 
            outlays, an increase in other specific Federal revenues, or 
            a combination thereof (for such fiscal years) at least 
            equivalent to any increase in outlays or decrease in 
            revenues provided by such amendment, except that a motion to 
            strike a provision shall always be in order.
                (3) Paragraphs (1) and (2) shall not apply if a 
            declaration of war by the Congress is in effect.
                (4) For purposes of this section, the levels of budget 
            outlays and Federal revenues for a fiscal year shall be 
            determined on the basis of estimates made by the Committee 
            on the Budget of the House of Representatives or of the 
            Senate, as the case may be.
                (5) The Committee on Rules of the House of 
            Representatives may make in order amendments to achieve 
            changes specified by reconciliation directives contained in 
            a concurrent resolution on the budget if a committee or 
            committees of the House fail to submit recommended changes 
            to its Committee on the Budget pursuant to its instruction.
            (e) Procedure in Senate
                (1) Except as provided in paragraph (2), the provisions 
            of section 636 of this title for the consideration in the 
            Senate of concurrent resolutions on the budget and 
            conference reports thereon shall also apply to the 
            consideration in the Senate of reconciliation bills reported 
            under subsection (b) of this section and conference reports 
            thereon.
                (2) Debate in the Senate on any reconciliation bill 
            reported under subsection (b) of this section, and all 
            amendments thereto and debatable motions and appeals in 
            connection therewith, shall be limited to not more than 20 
            hours.
            (f) Completion of reconciliation process
                It shall not be in order in the House of Representatives 
            to consider any resolution providing for an adjournment 
            period of more than three calendar days during the month of 
            July until the House of Representatives has completed action 
            on the reconciliation legislation for the fiscal year 
            beginning on October 1 of the calendar year to which the 
            adjournment resolution pertains, if reconciliation 
            legislation is required to be reported by the concurrent 
            resolution on the budget for such fiscal year.

[[Page 433]]

            (g) Limitation on changes to Social Security Act
                Notwithstanding any other provision of law, it shall not 
            be in order in the Senate or the House of Representatives to 
            consider any reconciliation bill or reconciliation 
            resolution reported pursuant to a concurrent resolution on 
            the budget agreed to under section 632 or 635 of this title, 
            or a joint resolution pursuant to section 907d of this 
            title, or any amendment thereto or conference report 
            thereon, that contains recommendations with respect to the 
            old-age, survivors, and disability insurance program 
            established under Title II of the Social Security Act [42 
            U.S.C. 401 et seq.]. (Pub. L. 93-344, Title III, Sec. 310, 
            July 12, 1974, 88 Stat. 315; Pub. L. 99-177, Title II, 
            Sec. 201(b), Dec. 12, 1985, 99 Stat. 1053; Pub. L. 101-508, 
            Title XIII, Secs. 13112(a)(9), 13207(c), (d), 13210(2), Nov. 
            5, 1990, 104 Stat. 1388-608, 1388-618, 1388-619, 1388-620; 
            Pub. L. 105-33, Title X, Sec. 10111, Aug. 5, 1997, 111 Stat. 
            685.)
 399.39-15
 399.39-15  Sec. 642. Budget-related legislation must be within 
                appropriate levels.
            (a) Enforcement of budget aggregates
                (1) In the House of Representatives
                            Except as provided by subsection (c) of this 
                        section, after the Congress has completed action 
                        on a concurrent resolution on the budget for a 
                        fiscal year, it shall not be in order in the 
                        House of Representatives to consider any bill, 
                        joint resolution, amendment, motion, or 
                        conference report providing new budget authority 
                        or reducing revenues, if--

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

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

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

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

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

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

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

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

[[Page 434]]

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

            would not cause the appropriate allocation of new budget 
            authority made pursuant to section 633(a) of this title for 
            that fiscal year to be exceeded. (Pub. L. 93-344, Title III, 
            Sec. 311, July 12, 1974, 88 Stat. 316; Pub. L. 99-177, Title 
            II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1055; Pub. L. 100-
            119, Title I, Sec. 106(e)(1), Sept. 29, 1987, 101 Stat. 781; 
            Pub. L. 101-508, Title XIII, Secs. 13112(a)(10), 
            13207(a)(1)(E), 13303(d), Nov. 5, 1990, 104 Stat. 1388-608, 
            1388-617, 1388-626; Pub. L. 105-33, Title X, Sec. 10112(a), 
            Aug. 5, 1997, 111 Stat. 686.)

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

[[Page 435]]

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

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

            (d) Timing of points of order in the Senate
                A point of order under this Act may not be raised 
            against a bill, resolution, amendment, motion, or conference 
            report while an amendment or motion, the adoption of which 
            would remedy the violation of this Act, is pending before 
            the Senate.
            (e) Points of order in the Senate against amendments between 
                the Houses
                Each provision of this Act that establishes a point of 
            order against an amendment also establishes a point of order 
            in the Senate against an amendment between the Houses. If a 
            point of order under this Act is raised in the Senate 
            against an amendment between the Houses and the point of 
            order is sustained, the effect shall be the same as if the 
            Senate had disagreed to the amendment.
            (f) Effect of a point of order in the Senate
                In the Senate, if a point of order under this Act 
            against a bill or resolution is sustained, the Presiding 
            Officer shall then recommit the bill or resolution to the 
            committee of appropriate jurisdiction for further 
            consideration. (Pub. L. 93-344, Title III, Sec. 312, as 
            added Pub. L. 101-508, Title XIII, Sec. 13207(b)(1), Nov. 5, 
            1990, 104 Stat. 1388-618, and amended Pub. L. 105-33, Title 
            X, Sec. 10113(a), Aug. 5, 1997, 111 Stat. 687.)
399.39-15b
399.39-15b  Sec. 644. Extraneous matter in reconciliation legislation.
            (a) In general
                When the Senate is considering a reconciliation bill or 
            a reconciliation resolution pursuant to section 641 of this 
            title (whether that bill or resolution originated in the 
            Senate or the House) or section 907d of this title, upon a 
            point of order being made by any Senator against material 
            extraneous to the instructions to a committee which is 
            contained in any title or provision of the bill or 
            resolution or offered as an amendment to the bill or 
            resolution, and the point of order is sustained by the 
            Chair, any part of said title or provision that contains 
            material extraneous to the instructions to said Committee as 
            defined

[[Page 436]]

            in subsection (b) of this section shall be deemed stricken 
            from the bill and may not be offered as an amendment from 
            the floor.
            (b) Extraneous provisions
                (1)(A) Except as provided in paragraph (2), a provision 
            of a reconciliation bill or reconciliation resolution 
            considered pursuant to section 641 of this title shall be 
            considered extraneous if such provision does not produce a 
            change in outlays or revenues, including changes in outlays 
            and revenues brought about by changes in the terms and 
            conditions under which outlays are made or revenues are 
            required to be collected (but a provision in which outlay 
            decreases or revenue increases exactly offset outlay 
            increases or revenue decreases shall not be considered 
            extraneous by virtue of this subparagraph);
                (B) any provision producing an increase in outlays or 
            decrease in revenues shall be considered extraneous if the 
            net effect of provisions reported by the Committee reporting 
            the title containing the provision is that the Committee 
            fails to achieve its reconciliation instructions;
                (C) a provision that is not in the jurisdiction of the 
            Committee with jurisdiction over said title or provision 
            shall be considered extraneous;
                (D) a provision shall be considered extraneous if it 
            produces changes in outlays or revenues which are merely 
            incidental to the non-budgetary components of the provision;
                (E) a provision shall be considered to be extraneous if 
            it increases, or would increase, net outlays, or if it 
            decreases, or would decrease, revenues during a fiscal year 
            after the fiscal years covered by such reconciliation bill 
            or reconciliation resolution, and such increases or 
            decreases are greater than outlay reductions or revenue 
            increases resulting from other provisions in such title in 
            such year; and
                (F) a provision shall be considered extraneous if it 
            violates section 641(g) of this title.
                (2) A Senate-originated provision shall not be 
            considered extraneous under paragraph (1)(A) if the Chairman 
            and Ranking Minority Member of the Committee on the Budget 
            and the Chairman and Ranking Minority Member of the 
            Committee which reported the provision certify that:
                            (A) the provision mitigates the direct 
                        effects clearly attributable to a provision 
                        changing outlays or revenues and both provisions 
                        together produce a net reduction in the deficit;
                            (B) the provision will result in a 
                        substantial reduction in outlays or a 
                        substantial increase in revenues during fiscal 
                        years after the fiscal years covered by the 
                        reconciliation bill or reconciliation 
                        resolution;
                            (C) a reduction of outlays or an increase in 
                        revenues is likely to occur as a result of the 
                        provision, in the event of new regulations 
                        authorized by the provision or likely to be 
                        proposed, court rulings on pending litigation, 
                        or relationships between economic indices and 
                        stipulated statutory triggers pertaining to the 
                        provision, other than the regulations, court 
                        rulings or relationships currently projected by 
                        the Congressional Budget Office for scorekeeping 
                        purposes; or
                            (D) such provision will be likely to produce 
                        a significant reduction in outlays or increase 
                        in revenues but, due to insufficient data, such 
                        reduction or increase cannot be reliably 
                        estimated.
                (3) A provision reported by a committee shall not be 
            considered extraneous under paragraph (1)(C) if (A) the 
            provision is an integral part of a provision or title, which 
            if introduced as a bill or resolution would

[[Page 437]]

            be referred to such committee, and the provision sets forth 
            the procedure to carry out or implement the substantive 
            provisions that were reported and which fall within the 
            jurisdiction of such committee; or (B) the provision states 
            an exception to, or a special application of, the general 
            provision or title of which it is a part and such general 
            provision or title if introduced as a bill or resolution 
            would be referred to such committee.
            (c) Extraneous materials
                Upon the reporting or discharge of a reconciliation bill 
            or resolution pursuant to section 641 of this title in the 
            Senate, and again upon the submission of a conference report 
            on such a reconciliation bill or resolution, the Committee 
            on the Budget of the Senate shall submit for the record a 
            list of material considered to be extraneous under 
            subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this 
            section to the instructions of a committee as provided in 
            this section. The inclusion or exclusion of a provision 
            shall not constitute a determination of extraneousness by 
            the Presiding Officer of the Senate.
            (d) Conference reports
                When the Senate is considering a conference report on, 
            or an amendment between the Houses in relation to, a 
            reconciliation bill or reconciliation resolution pursuant to 
            section 641 of this title, upon--
                            (1) a point of order being made by any 
                        Senator against extraneous material meeting the 
                        definition of subsections (b)(1)(A), (b)(1)(B), 
                        (b)(1)(D), (b)(l)(E), or (b)(l)(F) of this 
                        section, and
                            (2) such point of order being sustained,

            such material contained in such conference report or 
            amendment shall be deemed stricken, and the Senate shall 
            proceed, without intervening action or motion, to consider 
            the question of whether the Senate shall recede from its 
            amendment and concur with a further amendment, or concur in 
            the House amendment with a further amendment, as the case 
            may be, which further amendment shall consist of only that 
            portion of the conference report or House amendment, as the 
            case may be, not so stricken. Any such motion in the Senate 
            shall be debatable for two hours. In any case in which such 
            point of order is sustained against a conference report (or 
            Senate amendment derived from such conference report by 
            operation of this subsection), no further amendment shall be 
            in order.

            (e) General point of order
                Notwithstanding any other law or rule of the Senate, it 
            shall be in order for a Senator to raise a single point of 
            order that several provisions of a bill, resolution, 
            amendment, motion, or conference report violate this 
            section. The Presiding Officer may sustain the point of 
            order as to some or all of the provisions against which the 
            Senator raised the point of order. If the Presiding Officer 
            so sustains the point of order as to some of the provisions 
            (including provisions of an amendment, motion, or conference 
            report) against which the Senator raised the point of order, 
            then only those provisions (including provisions of an 
            amendment, motion, or conference report) against which the 
            Presiding Officer sustains the point of order shall be 
            deemed stricken pursuant to this section. Before the 
            Presiding Officer rules on such a point of order, any 
            Senator may move to waive such a point of order as

[[Page 438]]

            it applies to some or all of the provisions against which 
            the point of order was raised. Such a motion to waive is 
            amendable in accordance with the rules and precedents of the 
            Senate. After the Presiding Officer rules on such a point of 
            order, any Senator may appeal the ruling of the Presiding 
            Officer on such a point of order as it applies to some or 
            all of the provisions on which the Presiding Officer ruled. 
            (Pub. L. 93-344, Title III, Sec. 313, as added and amended 
            Pub. L. 101-508, Title XIII, Sec. 13214(a)-(b)(4), Nov. 5, 
            1990, 104 Stat. 1388-621, 1388-622; Pub. L. 105-33, Title X, 
            Sec. 10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)
399.39-15c
399.39-15c  Sec. 645. Adjustments.
            (a) Adjustments
                (1) In general
                            After the reporting of a bill or joint 
                        resolution, the offering of an amendment 
                        thereto, or the submission of a conference 
                        report thereon, the chairman of the Committee on 
                        the Budget of the House of Representatives or 
                        the Senate shall make the adjustments set forth 
                        in paragraph (2) for the amount of new budget 
                        authority in that measure (if that measure meets 
                        the requirements set forth in subsection (b) of 
                        this section) and the outlays flowing from that 
                        budget authority.
                (2) Matters to be adjusted
                            The adjustments referred to in paragraph (1) 
                        are to be made to--

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

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

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

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

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

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

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

[[Page 439]]

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

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

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

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

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

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

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

[[Page 440]]



            
                          Subchapter II.--Fiscal Procedures

            
                             Part A.--General Provisions

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

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

            (b) Legislation providing new entitlement authority
                (1) Point of order
                            It shall not be in order in either the House 
                        of Representatives or the Senate to consider any 
                        bill or joint resolution (in the House of 
                        Representatives only, as reported), amendment, 
                        motion, or conference report that provides new 
                        entitlement authority that is to become 
                        effective during the current fiscal year.
                (2) If any committee of the House of Representatives or 
            the Senate reports any bill or resolution which provides new 
            entitlement authority which is to become effective during a 
            fiscal year and the amount of new budget authority which 
            will be required for such fiscal year if such bill or 
            resolution is enacted as so reported exceeds the appropriate 
            allocation of new budget authority reported under section 
            633(b) of this title in connection with the most recently 
            agreed to concurrent resolution on the budget for such 
            fiscal year, such bill or resolution shall then be referred 
            to the Committee on Appropriations of the Senate or may then 
            be referred to the Committee on Appropriations of the House, 
            as the case may be, with instructions to report it, with the 
            committee's recommendations, within 15 calendar days (not 
            counting any day on which that House is not in session) 
            beginning with the day following the day on which it is so 
            referred. If the Committee on Appropriations of either House 
            fails to report a bill or resolution referred to it under 
            this paragraph within such 15-day period, the committee 
            shall automatically be discharged from further consideration 
            of such bill or resolution and such bill or resolution shall 
            be placed on the appropriate calendar.
                (3) The Committee on Appropriations of each House shall 
            have jurisdiction to report any bill or resolution referred 
            to it under paragraph (2) with an amendment which limits the 
            total amount of new spending authority provided in such bill 
            or resolution.

[[Page 441]]

            (c) Exceptions
                (1) Subsections (a) and (b) of this section shall not 
            apply to new authority described in those subsections if 
            outlays from that new authority will flow--
                            (A) from a trust fund established by the 
                        Social Security Act (as in effect on July 12, 
                        1974) [42 U.S.C. 301 et seq.]; or
                            (B) from any other trust fund, 90 percent or 
                        more of the receipts of which consist or will 
                        consist of amounts (transferred from the general 
                        fund of the Treasury) equivalent to amounts of 
                        taxes (related to the purposes for which such 
                        outlays are or will be made) received in the 
                        Treasury under specified provisions of the 
                        Internal Revenue Code of 1986 [26 U.S.C. 1 et 
                        seq.].
                (2) Subsections (a) and (b) of this section shall not 
            apply to new authority described in those subsections to the 
            extent that--
                            (A) the outlays resulting therefrom are made 
                        by an organization which is (i) a mixed-
                        ownership Government corporation (as defined in 
                        section 9101(2) of title 31), or (ii) a wholly 
                        owned Government corporation (as defined in 
                        section 9101(3) of title 31) which is 
                        specifically exempted by law from compliance 
                        with any or all of the provisions of chapter 91 
                        of title 31, as of December 12, 1985; or
                            (B) the outlays resulting therefrom consist 
                        exclusively of the proceeds of gifts or bequests 
                        made to the United States for a specific 
                        purpose. (Pub. L. 93-344, Title IV, Sec. 401, 
                        July 12 1974, 88 Stat. 317; Pub. L. 99-177, 
                        Title II, Sec. 211, Dec. 12, 1985, 99 Stat. 
                        Sec. 1056; Pub. L. 99-514, Sec. 2, Oct. 22, 
                        1986, 100 Stat. 2095; Pub. L. 101-508, Title 
                        XIII, Sec. 13207(a)(1)(F), (G), Nov, 5, 1990, 
                        104 Stat. 1388-617, 1388-618; Pub. L. 105-33, 
                        Title X, Sec. 10116(a)(1)-(5), Aug. 5, 1997, 111 
                        Stat. 690.)
 399.39-17
 399.39-17  Sec. 652. Repealed. Pub. L. 105-33, Title X, Sec. 10116(b), 
                Aug. 5, 1997, 111 Stat. 692.
                Section, Pub. L. 93-344, Title IV, Sec. 402, July 12, 
            1974, 88 Stat. 318; Pub. L. 99-177, Title II, Sec. 212, Dec. 
            12, 1985, 99 Stat. 1058; Pub. L. 101-508, Title XIII, 
            Sec. 13207(a)(1)(H), Nov. 5, 1990, 104 Stat. 1388-618, 
            related to legislation providing new credit authority.
 399.39-18
 399.39-18  Sec. 653. Analysis by Congressional Budget Office.
                The Director of the Congressional Budget Office shall, 
            to the extent practicable, prepare for each bill or 
            resolution of a public character reported by any committee 
            of the House of Representatives or the Senate (except the 
            Committee on Appropriations of each House), and submit to 
            such committee--
                            (1) an estimate of the costs which would be 
                        incurred in carrying out such bill or resolution 
                        in the fiscal year in which it is to become 
                        effective and in each of the 4 fiscal years 
                        following such fiscal year, together with the 
                        basis for each such estimate;
                            (2) a comparison of the estimates of costs 
                        described in paragraph (1) with any available 
                        estimates of costs made by such committee or by 
                        any Federal agency; and
                            (3) a description of each method for 
                        establishing a Federal financial commitment 
                        contained in such bill or resolution.

            The estimates, comparison, and description so submitted 
            shall be included in the report accompanying such bill or 
            resolution if timely submitted to such committee before such 
            report is filed. (Pub. L. 93-344,

[[Page 442]]

            Title IV, Sec. 402, formerly Sec. 403, July 12, 1974, 88 
            Stat. 320; Pub. L. 97-108, Sec. 2(a), Dec. 23, 1981, 95 
            Stat. 1510; Pub. L. 99-177, Title II, Sec. 213, Dec. 12, 
            1985, 99 Stat. 1059; Pub. L. 104-4, Title I, Sec. 104, Mar. 
            22, 1995, 109 Stat. 62; renumbered Sec. 402, Pub. L. 105-33, 
            Title X, Sec. 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)

 399.39-19
 399.39-19  Sec. 654. Study by General Accounting Office of forms of 
                Federal financial commitment not reviewed annually by 
                Congress.
                The General Accounting Office shall study those 
            provisions of law which provide mandatory spending and 
            report to the Congress its recommendations for the 
            appropriate form of financing for activities or programs 
            financed by such provisions not later than eighteen months 
            after December 12, 1985. Such report shall be revised from 
            time to time. (Pub. L. 93-344, Title IV, Sec. 404, formerly 
            Sec. 405, as added, Pub. L. 99-177, Title II, Sec. 214, Dec. 
            12, 1985, 99 Stat. 1059; renumbered Sec. 404 and amended 
            Pub. L. 105-33, Title X, Sec. 10116(c)(1), (2), Aug. 5, 
            1997, 111 Stat. 692.)
 399.39-20
 399.39-20  Sec. 655. Off-budget agencies, programs, and activities.
                (a) Notwithstanding any other provision of law, budget 
            authority, credit authority, and estimates of outlays and 
            receipts for activities of the Federal budget which are off-
            budget immediately prior to December 12, 1985, not including 
            activities of the Federal Old-Age and Survivors Insurance 
            and Federal Disability Insurance Trust Funds, shall be 
            included in a budget submitted pursuant to section 1105 of 
            title 31 and in a concurrent resolution on the budget 
            reported pursuant to section 632 or section 635 of this 
            title and shall be considered, for purposes of this Act, 
            budget authority, outlays, and spending authority in 
            accordance with definitions set forth in this Act.
                (b) All receipts and disbursements of the Federal 
            Financing Bank with respect to any obligations which are 
            issued, sold, or guaranteed by a Federal agency shall be 
            treated as a means of financing such agency for purposes of 
            section 1105 of title 31 and for purposes of this Act. (Pub. 
            L. 93-344, Title IV, Sec. 405, formerly Sec. 406, as added 
            Pub. L. 99-177, Title II, Sec. 214, Dec. 12, 1985, 99 Stat. 
            1059, renumbered Sec. 405, Pub. L. 105-33, Title X, 
            Sec. 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)
399.39-20a
399.39-20a  Sec. 656. Member User Group.
                The Speaker of the House of Representatives, after 
            consulting with the Minority Leader of the House, may 
            appoint a Member User Group for the purpose of reviewing 
            budgetary scorekeeping rules and practices of the House and 
            advising the Speaker from time to time on the effect and 
            impact of such rules and practices. (Pub. L. 93-344, Title 
            IV, Sec. 406, formerly Sec. 407, as added Pub. L. 99-177, 
            Title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1060, renumbered 
            Sec. 406, Pub. L. 105-33, Title X, Sec. 10116(c)(1), Aug. 5, 
            1997, 111 Stat. 692.)
            
                              Part B.--Federal Mandates

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

[[Page 443]]

                            The term ``agency'' has the same meaning as 
                        defined in section 551(1) of title 5, but does 
                        not include independent regulatory agencies.
                (2) Amount
                            The term ``amount'', with respect to an 
                        authorization of appropriations for Federal 
                        financial assistance, means the amount of budget 
                        authority for any Federal grant assistance 
                        program or any Federal program providing loan 
                        guarantees or direct loans.
                (3) Direct costs
                            The term ``direct costs''--

                                (A)(i) in the case of a Federal 
                            intergovernmental mandate, means the 
                            aggregate estimated amounts that all State, 
                            local, and tribal governments would be 
                            required to spend or would be prohibited 
                            from raising in revenues in order to comply 
                            with the Federal intergovernmental mandate; 
                            or

                                (ii) in the case of a provision referred 
                            to in paragraph (5)(A)(ii), means the amount 
                            of Federal financial assistance eliminated 
                            or reduced;

                                (B) in the case of a Federal private 
                            sector mandate, means the aggregate 
                            estimated amounts that the private sector 
                            will be required to spend in order to comply 
                            with the Federal private sector mandate;

                                (C) shall be determined on the 
                            assumption that--

                                        (i) State, local, and tribal 
                                    governments, and the private sector 
                                    will take all reasonable steps 
                                    necessary to mitigate the costs 
                                    resulting from the Federal mandate, 
                                    and will comply with applicable 
                                    standards of practice and conduct 
                                    established by recognized 
                                    professional or trade associations; 
                                    and

                                        (ii) reasonable steps to 
                                    mitigate the costs shall not include 
                                    increases in State, local, or tribal 
                                    taxes or fees; and

                                (D) shall not include--

                                        (i) estimated amounts that the 
                                    State, local, and tribal governments 
                                    (in the case of a Federal 
                                    intergovernmental mandate) or the 
                                    private sector (in the case of a 
                                    Federal private sector mandate) 
                                    would spend--

                                                (I) to comply with or 
                                            carry out all applicable 
                                            Federal, State, local, and 
                                            tribal laws and regulations 
                                            in effect at the time of the 
                                            adoption of the Federal 
                                            mandate for the same 
                                            activity as is affected by 
                                            that Federal mandate; or
                                                (II) to comply with or 
                                            carry out State, local, and 
                                            tribal governmental 
                                            programs, or private-sector 
                                            business or other activities 
                                            in effect at the time of the 
                                            adoption of the Federal 
                                            mandate for the same 
                                            activity as is affected by 
                                            that mandate; or

                                        (ii) expenditures to the extent 
                                    that such expenditures will be 
                                    offset by any direct savings to the 
                                    State, local, and tribal 
                                    governments, or by the private 
                                    sector, as a result of--

                                                (I) compliance with the 
                                            Federal mandate; or
                                                (II) other changes in 
                                            Federal law or regulation 
                                            that are enacted or adopted 
                                            in the same bill or joint 
                                            resolution or proposed or 
                                            final Federal regulation and 
                                            that

[[Page 444]]

                                            govern the same activity as 
                                            is affected by the Federal 
                                            mandate.
                  
                (4) Direct savings
                            The term ``direct savings'', when used with 
                        respect to the result of compliance with the 
                        Federal mandate--

                                (A) in the case of a Federal 
                            intergovernmental mandate, means the 
                            aggregate estimated reduction in costs to 
                            any State, local, or tribal government as a 
                            result of compliance with the Federal 
                            intergovernmental mandate; and

                                (B) in the case of a Federal private 
                            sector mandate, means the aggregate 
                            estimated reduction in costs to the private 
                            sector as a result of compliance with the 
                            Federal private sector mandate.

                (5) Federal intergovernmental mandate
                            The term ``Federal intergovernmental 
                        mandate'' means--

                                (A) any provision in legislation, 
                            statute, or regulation that--

                                        (i) would impose an enforceable 
                                    duty upon State, local, or tribal 
                                    governments, except--

                                                (I) a condition of 
                                            Federal assistance; or
                                                (II) a duty arising from 
                                            participation in a voluntary 
                                            Federal program, except as 
                                            provided in subparagraph 
                                            (B)); or

                                        (ii) would reduce or eliminate 
                                    the amount of authorization of 
                                    appropriations for--

                                                (I) Federal financial 
                                            assistance that would be 
                                            provided to State, local, or 
                                            tribal governments for the 
                                            purpose of complying with 
                                            any such previously imposed 
                                            duty unless such duty is 
                                            reduced or eliminated by a 
                                            corresponding amount; or
                                                (II) the control of 
                                            borders by the Federal 
                                            Government; or reimbursement 
                                            to State, local, or tribal 
                                            governments for the net cost 
                                            associated with illegal, 
                                            deportable, and excludable 
                                            aliens, including court-
                                            mandated expenses related to 
                                            emergency health care, 
                                            education or criminal 
                                            justice; when such a 
                                            reduction or elimination 
                                            would result in increased 
                                            net costs to State, local, 
                                            or tribal governments in 
                                            providing education or 
                                            emergency health care to, or 
                                            incarceration of, illegal 
                                            aliens; except that this 
                                            subclause shall not be in 
                                            effect with respect to a 
                                            State, local, or tribal 
                                            government, to the extent 
                                            that such government has not 
                                            fully cooperated in the 
                                            efforts of the Federal 
                                            Government to locate, 
                                            apprehend, and deport 
                                            illegal aliens;

                                (B) any provision in legislation, 
                            statute, or regulation that relates to a 
                            then-existing Federal program under which 
                            $500,000,000 or more is provided annually to 
                            State, local, and tribal governments under 
                            entitlement authority, if the provision--

                                        (i)(I) would increase the 
                                    stringency of conditions of 
                                    assistance to State, local, or 
                                    tribal governments under the 
                                    program; or

[[Page 445]]

                                        (II) would place caps upon, or 
                                    otherwise decrease, the Federal 
                                    Government's responsibility to 
                                    provide funding to State, local, or 
                                    tribal governments under the 
                                    program; and

                                        (ii) the State, local, or tribal 
                                    governments that participate in the 
                                    Federal program lack authority under 
                                    that program to amend their 
                                    financial or programmatic 
                                    responsibilities to continue 
                                    providing required services that are 
                                    affected by the legislation, 
                                    statute, or regulation.

                (6) Federal mandate
                            The term ``Federal mandate'' means a Federal 
                        intergovernmental mandate or a Federal private 
                        sector mandate, as defined in paragraphs (5) and 
                        (7).
                (7) Federal private sector mandate
                            The term ``Federal private sector mandate'' 
                        means any provision in legislation, statute, or 
                        regulation that--

                                (A) would impose an enforceable duty 
                            upon the private sector except--

                                        (i) a condition of Federal 
                                    assistance; or

                                        (ii) a duty arising from 
                                    participation in a voluntary Federal 
                                    program; or

                                (B) would reduce or eliminate the amount 
                            of authorization of appropriations for 
                            Federal financial assistance that will be 
                            provided to the private sector for the 
                            purposes of ensuring compliance with such 
                            duty.

                (8) Local government
                            The term ``local government'' has the same 
                        meaning as defined in section 6501(6) of title 
                        31.
                (9) Private sector
                            The term ``private sector'' means all 
                        persons or entities in the United States, 
                        including individuals, partnerships, 
                        associations, corporations, and educational and 
                        nonprofit institutions, but shall not include 
                        State, local, or tribal governments.
                (10) Regulation; rule
                            The term ``regulation'' or ``rule'' (except 
                        with respect to a rule of either House of the 
                        Congress) has the meaning of ``rule'' as defined 
                        in section 601(2) of title 5.
                (11) Small government
                            The term ``small government'' means any 
                        small governmental jurisdictions defined in 
                        section 601(5) of title 5, and any tribal 
                        government.
                (12) State
                            The term ``State'' has the same meaning as 
                        defined in section 6501(9) of title 31.
                (13) Tribal government
                            The term ``tribal government'' means any 
                        Indian tribe, band, nation, or other organized 
                        group or community, including any Alaska Native 
                        village or regional or village corporation as 
                        defined in or established pursuant to the Alaska 
                        Native Claims Settlement Act (85 Stat. 688; 43 
                        U.S.C. 1601 et seq.) which is recognized as 
                        eligible for the special programs and services 
                        provided by the United States to Indians because 
                        of their special status as Indians. (Pub. L. 93-
                        344, Title IV, Sec. 421, as added Pub. L. 104-4, 
                        Title I, Sec. 101(a)(2), Mar. 22, 1995, 109 
                        Stat. 50.)

[[Page 446]]


399.39-21a
399.39-21a  Sec. 658a. Exclusions.
                This part shall not apply to any provision in a bill, 
            joint resolution, amendment, motion, or conference report 
            before Congress that--
                            (1) enforces constitutional rights of 
                        individuals;
                            (2) establishes or enforces any statutory 
                        rights that prohibit discrimination on the basis 
                        of race, color, religion, sex, national origin, 
                        age, handicap, or disability;
                            (3) requires compliance with accounting and 
                        auditing procedures with respect to grants or 
                        other money or property provided by the Federal 
                        Government;
                            (4) provides for emergency assistance or 
                        relief at the request of any State, local, or 
                        tribal government or any official of a State, 
                        local, or tribal government;
                            (5) is necessary for the national security 
                        or the ratification or implementation of 
                        international treaty obligations;
                            (6) the President designates as emergency 
                        legislation and that the Congress so designates 
                        in statute; or
                            (7) relates to the old-age, survivors, and 
                        disability insurance program under subchapter II 
                        of chapter 7 of title 42 (including taxes 
                        imposed by sections 3101(a) and 3111(a) of title 
                        26 (relating to old-age, survivors, and 
                        disability insurance)). (Pub. L. 93-344, Title 
                        IV, Sec. 422, as added Pub. L. 104-4, Title I, 
                        Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 53.)
399.39-21b
399.39-21b  Sec. 658b. Duties of congressional committees.
            (a) In general
                When a committee of authorization of the Senate or the 
            House of Representatives reports a bill or joint resolution 
            of public character that includes any Federal mandate, the 
            report of the committee accompanying the bill or joint 
            resolution shall contain the information required by 
            subsections (c) and (d) of this section.
            (b) Submission of bills to the Director
                When a committee of authorization of the Senate or the 
            House of Representatives orders reported a bill or joint 
            resolution of a public character, the committee shall 
            promptly provide the bill or joint resolution to the 
            Director of the Congressional Budget Office and shall 
            identify to the Director any Federal mandates contained in 
            the bill or resolution.
            (c) Reports on Federal mandates
                Each report described under subsection (a) of this 
            section shall contain--
                            (1) an identification and description of any 
                        Federal mandates in the bill or joint 
                        resolution, including the direct costs to State, 
                        local, and tribal governments, and to the 
                        private sector, required to comply with the 
                        Federal mandates;
                            (2) a qualitative, and if practicable, a 
                        quantitative assessment of costs and benefits 
                        anticipated from the Federal mandates (including 
                        the effects on health and safety and the 
                        protection of the natural environment); and
                            (3) a statement of the degree to which a 
                        Federal mandate affects both the public and 
                        private sectors and the extent to which Federal 
                        payment of public sector costs or the 
                        modification or termination

[[Page 447]]

                        of the Federal mandate as provided under section 
                        658d(a)(2) of this title would affect the 
                        competitive balance between State, local, or 
                        tribal governments and the private sector 
                        including a description of the actions, if any, 
                        taken by the committee to avoid any adverse 
                        impact on the private sector or the competitive 
                        balance between the public sector and the 
                        private sector.
            (d) Intergovernmental mandates
                If any of the Federal mandates in the bill or joint 
            resolution are Federal intergovernmental mandates, the 
            report required under subsection (a) of this section shall 
            also contain--
                            (1)(A) a statement of the amount, if any, of 
                        increase or decrease in authorization of 
                        appropriations under existing Federal financial 
                        assistance programs, or of authorization of 
                        appropriations for new Federal financial 
                        assistance, provided by the bill or joint 
                        resolution and usable for activities of State, 
                        local, or tribal governments subject to the 
                        Federal intergovernmental mandates;
                            (B) a statement of whether the committee 
                        intends that the Federal intergovernmental 
                        mandates be partly or entirely unfunded, and if 
                        so, the reasons for that intention; and
                            (C) if funded in whole or in part, a 
                        statement of whether and how the committee has 
                        created a mechanism to allocate the funding in a 
                        manner that is reasonably consistent with the 
                        expected direct costs among and between the 
                        respective levels of State, local, and tribal 
                        government; and
                            (2) any existing sources of Federal 
                        assistance in addition to those identified in 
                        paragraph (1) that may assist State, local, and 
                        tribal governments in meeting the direct costs 
                        of the Federal intergovemmental mandates; and
                            (3) if the bill or joint resolution would 
                        make the reduction specified in section 
                        658(5)(B)(i)(II) of this title, a statement of 
                        how the committee specifically intends the 
                        States to implement the reduction and to what 
                        extent the legislation provides additional 
                        flexibility, if any, to offset the reduction.
            (e) Preemption clarification and information
                When a committee of authorization of the Senate or the 
            House of Representatives reports a bill or joint resolution 
            of public character, the committee report accompanying the 
            bill or joint resolution shall contain, if relevant to the 
            bill or joint resolution, an explicit statement on the 
            extent to which the bill or joint resolution is intended to 
            preempt any State, local, or tribal law, and, if so, an 
            explanation of the effect of such preemption.
            (f) Publication of statement from the Director
                (1) In general
                            Upon receiving a statement from the Director 
                        under section 658c of this title, a committee of 
                        the Senate or the House of Representatives shall 
                        publish the statement in the committee report 
                        accompanying the bill or joint resolution to 
                        which the statement relates if the statement is 
                        available at the time the report is printed.
                (2) Other publication of statement of Director
                            If the statement is not published in the 
                        report, or if the bill or joint resolution to 
                        which the statement relates is expected to

[[Page 448]]

                        be considered by the Senate or the House of 
                        Representatives before the report is published, 
                        the committee shall cause the statement, or a 
                        summary thereof, to be published in the 
                        Congressional Record in advance of floor 
                        consideration of the bill or joint resolution.

            (Pub. L. 93-344, Title IV, Sec. 423, as added Pub. L. 104-4, 
            Title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 53; 
            amended Pub. L. 106-141, Sec. 2(a), Dec. 7, 1999, 113 Stat. 
            1699.)

399.39-21c
399.39-21c  Sec. 658c. Duties of the Director, statements on bills and 
                joint resolutions other than appropriations bills and 
                joint resolutions.
            (a) Federal intergovernmental mandates in reported bills and 
                resolutions
                For each bill or joint resolution of a public character 
            reported by any committee of authorization of the Senate or 
            the House of Representatives, the Director of the 
            Congressional Budget Office shall prepare and submit to the 
            committee a statement as follows:
                            (1) Contents

                                If the Director estimates that the 
                            direct cost of all Federal intergovernmental 
                            mandates in the bill or joint resolution 
                            will equal or exceed $50,000,000 (adjusted 
                            annually for inflation) in the fiscal year 
                            in which any Federal intergovernmental 
                            mandate in the bill or joint resolution (or 
                            in any necessary implementing regulation) 
                            would first be effective or in any of the 4 
                            fiscal years following such fiscal year, the 
                            Director shall so state, specify the 
                            estimate, and briefly explain the basis of 
                            the estimate.

                            (2) Estimates

                                Estimates required under paragraph (1) 
                            shall include estimates (and brief 
                            explanations of the basis of the estimates) 
                            of--

                                        (A) the total amount of direct 
                                    cost of complying with the Federal 
                                    intergovernmental mandates in the 
                                    bill or joint resolution;

                                        (B) if the bill or resolution 
                                    contains an authorization of 
                                    appropriations under section 
                                    658d(a)(2)(B) of this title, the 
                                    amount of new budget authority for 
                                    each fiscal year for a period not to 
                                    exceed 10 years beyond the effective 
                                    date necessary for the direct cost 
                                    of the intergovernmental mandate; 
                                    and

                                        (C) the amount, if any, of 
                                    increase in authorization of 
                                    appropriations under existing 
                                    Federal financial assistance 
                                    programs, or of authorization of 
                                    appropriations for new Federal 
                                    financial assistance, provided by 
                                    the bill or joint resolution and 
                                    usable by State, local, or tribal 
                                    governments for activities subject 
                                    to the Federal intergovernmental 
                                    mandates.

                            (3) Additional flexibility information

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

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

[[Page 449]]

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

                (4) Estimate not feasible
                            If the Director determines that it is not 
                        feasible to make a reasonable estimate that 
                        would be required under paragraphs (1) and (2), 
                        the Director shall not make the estimate, but 
                        shall report in the statement that the 
                        reasonable estimate cannot be made and shall 
                        include the reasons for that determination in 
                        the statement. If such determination is made by 
                        the Director, a point of order under this part 
                        shall lie only under section 658d(a)(1) of this 
                        title and as if the requirement of section 
                        658d(a)(1) of this title had not been met.
            (b) Federal private sector mandates in reported bills and 
                joint resolutions
                For each bill or joint resolution of a public character 
            reported by any committee of authorization of the Senate or 
            the House of Representatives, the Director of the 
            Congressional Budget Office shall prepare and submit to the 
            committee a statement as follows:
                            (1) Contents

                                If the Director estimates that the 
                            direct cost of an Federal private sector 
                            mandates in the bill or joint resolution 
                            will equal or exceed $100,000,000 (adjusted 
                            annually for inflation) in the fiscal year 
                            in which any Federal private sector mandate 
                            in the bill or joint resolution (or in any 
                            necessary implementing regulation) would 
                            first be effective or in any of the 4 fiscal 
                            years following such fiscal year, the 
                            Director shall so state, specify the 
                            estimate, and briefly explain the basis of 
                            the estimate.

                            (2) Estimates

                                Estimates required under paragraph (1) 
                            shall include estimates (and a brief 
                            explanation of the basis of the estimates) 
                            of--

                                        (A) the total amount of direct 
                                    costs of complying with the Federal 
                                    private sector mandates in the bill 
                                    or joint resolution; and

                                        (B) the amount, if any, of 
                                    increase in authorization of 
                                    appropriations under existing 
                                    Federal financial assistance 
                                    programs, or of authorization of 
                                    appropriations for new Federal 
                                    financial assistance, provided by 
                                    the bill or joint resolution usable 
                                    by the private sector for the 
                                    activities subject to the Federal 
                                    private sector mandates.

                            (3) Estimate not feasible

                                If the Director determines that it is 
                            not feasible to make a reasonable estimate 
                            that would be required under paragraphs (1) 
                            and (2), the Director shall not make the 
                            estimate, but shall report in the statement 
                            that the reasonable estimate cannot be made 
                            and shall include the reasons for that 
                            determination in the statement.

            (c) Legislation failing below the direct costs thresholds
                If the Director estimates that the direct costs of a 
            Federal mandate will not equal or exceed the thresholds 
            specified in subsections (a) and

[[Page 450]]

            (b) of this section, the Director shall so state and shall 
            briefly explain the basis of the estimate.
            (d) Amended bills and joint resolutions; conference reports
                If a bill or joint resolution is passed in an amended 
            form (including if passed by one House as an amendment in 
            the nature of a substitute for the text of a bill or joint 
            resolution from the other House) or is reported by a 
            committee of conference in amended form, and the amended 
            form contains a Federal mandate not previously considered by 
            either House or which contains an increase in the direct 
            cost of a previously considered Federal mandate, then the 
            committee of conference shall ensure, to the greatest extent 
            practicable, that the Director shall prepare a statement as 
            provided in this subsection or a supplemental statement for 
            the bill or joint resolution in that amended form. (Pub. L. 
            93-344, Title IV, Sec. 424, as added Pub. L. 104-4, Title I, 
            Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 55; amended Pub. L. 
            106-41, Sec. 2(b) Dec. 7, 1999, 113 Stat. 1699.)
399.39-21d
399.39-21d  Sec. 658d. Legislation subject to point of order.
            (a) In general
                It shall not be in order in the Senate or the House of 
            Representatives to consider--
                            (1) any bill or joint resolution that is 
                        reported by a committee unless the committee has 
                        published a statement of the Director on the 
                        direct costs of Federal mandates in accordance 
                        with section 658b(f) of this title before such 
                        consideration, except this paragraph shall not 
                        apply to any supplemental statement prepared by 
                        the Director under section 658c(d) of this 
                        title; and
                            (2) any bill, joint resolution, amendment, 
                        motion, or conference report that would increase 
                        the direct costs of Federal intergovernmental 
                        mandates by an amount that causes the thresholds 
                        specified in section 658c(a)(1) of this title to 
                        be exceeded, unless--

                                (A) the bill, joint resolution, 
                            amendment, motion, or conference report 
                            provides new budget authority or new 
                            entitlement authority in the House of 
                            Representatives or direct spending authority 
                            in the Senate for each fiscal year for such 
                            mandates included in the bill, joint 
                            resolution, amendment, motion, or conference 
                            report in an amount equal to or exceeding 
                            the direct costs of such mandate; or

                                (B) the bill, joint resolution, 
                            amendment, motion, or conference report 
                            includes an authorization for appropriations 
                            in an amount equal to or exceeding the 
                            direct costs of such mandate, and--

                                        (i) identifies a specific dollar 
                                    amount of the direct costs of such 
                                    mandate for each year up to 10 years 
                                    during which such mandate shall be 
                                    in effect under the bill, joint 
                                    resolution, amendment, motion or 
                                    conference report, and such estimate 
                                    is consistent with the estimate 
                                    determined under subsection (e) of 
                                    this section for each fiscal year;

                                        (ii) identifies any 
                                    appropriation bill that is expected 
                                    to provide for Federal funding of 
                                    the direct cost referred to under 
                                    clause (i); and

                                        (iii)(I) provides that for any 
                                    fiscal year the responsible Federal 
                                    agency shall determine whether there 
                                    are insufficient appropriations for 
                                    that fiscal year to provide for the

[[Page 451]]

                                    direct costs under clause (i) of 
                                    such mandate, and shall (no later 
                                    than 30 days after the beginning of 
                                    the fiscal year) notify the 
                                    appropriate authorizing committees 
                                    of Congress of the determination and 
                                    submit either--

                                                (aa) a statement that 
                                            the agency has determined, 
                                            based on a re-estimate of 
                                            the direct costs of such 
                                            mandate, after consultation 
                                            with State, local, and 
                                            tribal governments, that the 
                                            amount appropriated is 
                                            sufficient to pay for the 
                                            direct costs of such 
                                            mandate; or
                                                (bb) legislative 
                                            recommendations for either 
                                            implementing a less costly 
                                            mandate or making such 
                                            mandate ineffective for the 
                                            fiscal year;

                                        (II) provides for expedited 
                                    procedures for the consideration of 
                                    the statement or legislative 
                                    recommendations referred to in 
                                    subclause (I) by Congress no later 
                                    than 30 days after the statement or 
                                    recommendations are submitted to 
                                    Congress; and

                                        (III) provides that such mandate 
                                    shall--

                                                (aa) in the case of a 
                                            statement referred to in 
                                            subclause (I)(aa), cease to 
                                            be effective 60 days after 
                                            the statement is submitted 
                                            unless Congress has approved 
                                            the agency's determination 
                                            by joint resolution during 
                                            the 60-day period;
                                                (bb) cease to be 
                                            effective 60 days after the 
                                            date the legislative 
                                            recommendations of the 
                                            responsible Federal agency 
                                            are submitted to Congress 
                                            under subclause (I)(bb) 
                                            unless Congress provides 
                                            otherwise by law; or
                                                (cc) in the case that 
                                            such mandate that has not 
                                            yet taken effect, continue 
                                            not to be effective unless 
                                            Congress provides otherwise 
                                            by law.
            (b) Rule of construction
                The provisions of subsection (a)(2)(B)(iii) of this 
            section shall not be construed to prohibit or otherwise 
            restrict a State, local, or tribal government from 
            voluntarily electing to remain subject to the original 
            Federal intergovernmental mandate, complying with the 
            programmatic or financial responsibilities of the original 
            Federal intergovernmental mandate and providing the funding 
            necessary consistent with the costs of Federal agency 
            assistance, monitoring, and enforcement.
            (c) Committee on Appropriations
                (1) Application
                            The provisions of subsection (a) of 
                        section--

                                (A) shall not apply to any bill or 
                            resolution reported by the Committee on 
                            Appropriations of the Senate or the House of 
                            Representatives; except

                                (B) shall apply to--

                                        (i) any legislative provision 
                                    increasing direct costs of a Federal 
                                    intergovernmental mandate contained 
                                    in any bill or resolution reported 
                                    by the Committee on Appropriations 
                                    of the Senate or House of 
                                    Representatives;

                                        (ii) any legislative provision 
                                    increasing direct costs of a Federal 
                                    intergovernmental mandate contained 
                                    in any amendment offered to a bill 
                                    or resolution reported by the

[[Page 452]]

                                    Committee on Appropriations of the 
                                    Senate or House of Representatives;

                                        (iii) any legislative provision 
                                    increasing direct costs of a Federal 
                                    intergovernmental mandate in a 
                                    conference report accompanying a 
                                    bill or resolution reported by the 
                                    Committee on Appropriations of the 
                                    Senate or House of Representatives; 
                                    and

                                        (iv) any legislative provision 
                                    increasing direct costs of a Federal 
                                    intergovernmental mandate contained 
                                    in any amendments in disagreement 
                                    between the two Houses to any bill 
                                    or resolution reported by the 
                                    Committee on Appropriations in the 
                                    Senate or House of Representatives.

                (2) Certain provisions stricken in Senate.
                            Upon a point of order being made by any 
                        Senator against any provision listed in 
                        paragraph (1)(B), and the point of order being 
                        sustained by the Chair, such specific provision 
                        shall be deemed stricken from the bill, 
                        resolution, amendment, amendment in 
                        disagreement, or conference report and may not 
                        be offered as an amendment from the floor.
            (d) Determinations of applicability to pending legislation
                For purposes of this section, in the Senate, the 
            presiding officer of the Senate shall consult with the 
            Committee on Governmental Affairs, to the extent 
            practicable, on questions concerning the applicability of 
            this part to a pending bill, joint resolution, amendment, 
            motion, or conference report.
            (e) Determinations of Federal mandate levels
                For purposes of this section, in the Senate, the levels 
            of Federal mandates for a fiscal year shall be determined 
            based on the estimates made by the Committee on the Budget. 
            (Pub. L. 93-344, Title IV, Sec. 425, as added Pub. L. 104-4, 
            Title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 56.)
399.39-21e
399.39-21e  Sec. 658e. Provisions relating to the House of 
                Representatives.
            (a) Enforcement in the House of Representatives
                It shall not be in order in the House of Representatives 
            to consider a rule or order that waives the application of 
            section 658d of this title.
            (b) Disposition of points of order
                (1) Application to the House of Representatives
                            This subsection shall apply only to the 
                        House of Representatives.
                (2) Threshold burden
                            In order to be cognizable by the Chair, a 
                        point of order under section 658d of this title 
                        or subsection (a) of this section must specify 
                        the precise language on which it is premised.
                (3) Question of consideration
                            As disposition of points of order under 
                        section 658d of this title or subsection (a) of 
                        this section, the Chair shall put the question 
                        of consideration with respect to the proposition 
                        that is the subject of the points of order.
                (4) Debate and intervening motions
                            A question of consideration under this 
                        section shall be debatable for 10 minutes by 
                        each Member initiating a point of order and

[[Page 453]]

                        for 10 minutes by an opponent on each point of 
                        order, but shall otherwise be decided without 
                        intervening motion except one that the House 
                        adjourn or that the Committee of the Whole rise, 
                        as the case may be.
                (5) Effect on amendment in order as original text
                            The disposition of the question of 
                        consideration under this subsection with respect 
                        to a bill or joint resolution shall be 
                        considered also to determine the question of 
                        consideration under this subsection with respect 
                        to an amendment made in order as original text. 
                        (Pub. L. 93-344, Title IV, Sec. 426, as added 
                        Pub. L. 104-4, Title I, Sec. 101(a)(2), Mar. 22, 
                        1995, 109 Stat. 59.)
399.39-21f
399.39-21f  Sec. 658f. Requests to the Congressional Budget Office from 
                Senators.
                At the written request of a Senator, the Director shall, 
            to the extent practicable, prepare an estimate of the direct 
            costs of a Federal intergovernmental mandate contained in an 
            amendment of such Senator. (Pub. L. 93-344, Title IV, 
            Sec. 427, as added Pub. L. 104-4, Title I, Sec. 101(a)(2), 
            Mar. 22, 1995, 109 Stat. 59.)
399.39-21g
399.39-21g  Sec. 658g. Clarification of application.
            (a) In general
                This part applies to any bill, joint resolution, 
            amendment, motion, or conference report that reauthorizes 
            appropriations, or that amends existing authorizations of 
            appropriations, to carry out any statute, or that otherwise 
            amends any statute, only if enactment of the bill, joint 
            resolution, amendment, motion, or conference report--
                            (1) would result in a net reduction in or 
                        elimination of authorization of appropriations 
                        for Federal financial assistance that would be 
                        provided to State, local, or tribal governments 
                        for use for the purpose of complying with any 
                        Federal intergovernmental mandate, or to the 
                        private sector for use to comply with any 
                        Federal private sector mandate, and would not 
                        eliminate or reduce duties established by the 
                        Federal mandate by a corresponding amount; or
                            (2) would result in a net increase in the 
                        aggregate amount of direct costs of Federal 
                        intergovernmental mandates or Federal private 
                        sector mandates other than as described in 
                        paragraph (1).
            (b) Direct costs
                (1) In general
                            For purposes of this part, the direct cost 
                        of the Federal mandates in a bill, joint 
                        resolution, amendment, motion, or conference 
                        report that reauthorizes appropriations, or that 
                        amends existing authorizations of 
                        appropriations, to carry out a statute, or that 
                        otherwise amends any statute, means the net 
                        increase, resulting from enactment of the bill, 
                        joint resolution, amendment, motion, or 
                        conference report, in the amount described under 
                        paragraph (2)(A) over the amount described under 
                        paragraph (2)(B).
                (2) Amounts
                            The amounts referred to under paragraph (1) 
                        are--

                                (A) the aggregate amount of direct costs 
                            of Federal mandates that would result under 
                            the statute if the bill, joint resolution, 
                            amendment, motion, or conference report is 
                            enacted; and

[[Page 454]]

                                (B) the aggregate amount of direct costs 
                            of Federal mandates that would result under 
                            the statute if the bill, joint resolution, 
                            amendment, motion, or conference report were 
                            not enacted.

                (3) Extension of authorization of appropriations
                            For purposes of this section, in the case of 
                        legislation to extend authorization of 
                        appropriations, the authorization level that 
                        would be provided by the extension shall be 
                        compared to the authorization level for the last 
                        year in which authorization of appropriations is 
                        already provided. (Pub. L. 93-344, Title IV, 
                        Sec. 428, as added Pub. L. 104-4, Title I, 
                        Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)
            
                           Subchapter III.--Credit Reform

 399.39-22
 399.39-22  Sec. 661. Purposes.
                The purposes of this subchapter are to--
                            (1) measure more accurately the costs of 
                        Federal credit programs;
                            (2) place the cost of credit programs on a 
                        budgetary basis equivalent to other Federal 
                        spending;
                            (3) encourage the delivery of benefits in 
                        the form most appropriate to the needs of 
                        beneficiaries; and
                            (4) improve the allocation of resources 
                        among credit programs and between credit and 
                        other spending programs. (Pub L. 93-344, Title 
                        V, Sec. 501, as added Pub. L. 101-508, Title 
                        XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 
                        1388-610.)
399.39-22a
399.39-22a  Sec. 661a. Definitions.
                For purposes of this subchapter--
                            (1) The term ``direct loan'' means a 
                        disbursement of funds by the Government to a 
                        non-Federal borrower under a contract that 
                        requires the repayment of such funds with or 
                        without interest. The term includes the purchase 
                        of, or participation in, a loan made by another 
                        lender and financing arrangements that defer 
                        payment for more than 90 days, including the 
                        sale of a government asset on credit terms. The 
                        term does not include the acquisition of a 
                        federally guaranteed loan in satisfaction of 
                        default claims or the price support loans of the 
                        Commodity Credit Corporation.
                            (2) The term ``direct loan obligation'' 
                        means a binding agreement by a Federal agency to 
                        make a direct loan when specified conditions are 
                        fulfilled by the borrower.
                            (3) The term ``loan guarantee'' means any 
                        guarantee, insurance, or other pledge with 
                        respect to the payment of all or a part of the 
                        principal or interest on any debt obligation of 
                        a non-Federal borrower to a non-Federal lender, 
                        but does not include the insurance of deposits, 
                        shares, or other withdrawable accounts in 
                        financial institutions.
                            (4) The term ``loan guarantee commitment'' 
                        means a binding agreement by a Federal agency to 
                        make a loan guarantee when specified conditions 
                        are fulfilled by the borrower, the lender, or 
                        any other party to the guarantee agreement.
                            (5)(A) The term ``cost'' means the estimated 
                        long-term cost to the Government of a direct 
                        loan or loan guarantee or modification thereof, 
                        calculated on a net present basis, excluding 
                        administrative costs and any incidental effects 
                        on governmental receipts or outlays.

[[Page 455]]

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

                                (i) loan disbursements;

                                (ii) repayments of principal; and

                                (iii) payments of interest and other 
                            payments by or to the Government over the 
                            life of the loan after adjusting for 
                            estimated defaults, prepayments, fees, 
                            penalties, and other recoveries;

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

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

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

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

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

                            (D) The cost of a modification is the 
                        difference between the current estimate of the 
                        net present value of the remaining cash flows 
                        under the terms of a direct loan or loan 
                        guarantee contract, and the current estimate of 
                        the net present value of the remaining cash 
                        flows under the terms of the contract, as 
                        modified.
                            (E) In estimating net present values, the 
                        discount rate shall be the average interest rate 
                        on marketable Treasury securities of similar 
                        maturity to the cash flows of the direct loan or 
                        loan guarantee for which the estimate is being 
                        made.
                            (F) When funds are obligated for a direct 
                        loan or loan guarantee, the estimated cost shall 
                        be based on the current assumptions, adjusted to 
                        incorporate the terms of the loan contract, for 
                        the fiscal year in which the funds are 
                        obligated.
                            (6) The term ``credit program account'' 
                        means the budget account into which an 
                        appropriation to cover the cost of a direct loan 
                        or loan guarantee program is made and from which 
                        such cost is disbursed to the financing account.
                            (7) The term ``financing account'' means the 
                        non-budget account or accounts associated with 
                        each credit program account which holds 
                        balances, receives the cost payment from the 
                        credit program account, and also includes all 
                        other cash flows to and from the Government 
                        resulting from direct loan obligations or loan 
                        guarantee commitments made on or after October 
                        1, 1991.
                            (8) The term ``liquidating account'' means 
                        the budget account that includes all cash flows 
                        to and from the Government resulting from direct 
                        loan obligations or loan guarantee commitments 
                        made prior to October 1, 1991.
                These accounts shall be shown in the budget on a cash 
            basis.
                            (9) The term ``modification'' means any 
                        Government action that alters the estimated cost 
                        of an outstanding direct loan (or direct loan 
                        obligation) or an outstanding loan guarantee (or 
                        loan guarantee

[[Page 456]]

                        commitment) from the current estimate of cash 
                        flows. This includes the sale of loan assets, 
                        with or without recourse, and the purchase of 
                        guaranteed loans. This also includes any action 
                        resulting from new legislation, or from the 
                        exercise of administrative discretion under 
                        existing law, that directly or indirectly alters 
                        the estimated cost of outstanding direct loans 
                        (or direct loan obligations) or loan guarantees 
                        (or loan guarantee commitments) such as a change 
                        in collection procedures.
                            (10) The term ``current'' has the same 
                        meaning as in section 900(c)(9) of this title.
                            (11) The term ``Director'' means the 
                        Director of the Office of Management and Budget. 
                        (Pub. L. 93-344, Title V, Sec. 502, as added 
                        Pub. L. 101-508, Title XIII, Sec. 13201(a), Nov. 
                        5, 1990, 104 Stat. 1388-610, and amended Pub. L. 
                        105-33, Title X, Sec. 10117(a), Aug. 5, 1997, 
                        111 Stat. 692.)
399.39-22b
399.39-22b  Sec. 661b. OMB and CBO analysis, coordination, and review.
            (a) In general
                For the executive branch, the Director shall be 
            responsible for coordinating the estimates required by this 
            subchapter. The Director shall consult with the agencies 
            that administer direct loan or loan guarantee programs.
            (b) Delegation
                The Director may delegate to agencies authority to make 
            estimates of costs. The delegation of authority shall be 
            based upon written guidelines, regulations, or criteria 
            consistent with the definitions in this subchapter.
            (c) Coordination with the Congressional Budget Office
                In developing estimation guidelines, regulations, or 
            criteria to be used by Federal agencies, the Director shall 
            consult with the Director of the Congressional Budget 
            Office.
            (d) Improving cost estimates
                The Director and the Director of the Congressional 
            Budget Office shall coordinate the development of more 
            accurate data on historical performance of direct loan and 
            loan guarantee programs. They shall annually review the 
            performance of outstanding direct loans and loan guarantees 
            to improve estimates of costs. The Office of Management and 
            Budget and the Congressional Budget Office shall have access 
            to all agency data that may facilitate the development and 
            improvement of estimates of costs.
            (e) Historical credit program costs
                The Director shall review, to the extent possible, 
            historical data and develop the best possible estimates of 
            adjustments that would convert aggregate historical budget 
            data to credit reform accounting.
            (f) Administrative costs
                The Director and the Director of the Congressional 
            Budget Office shall each analyze and report to Congress on 
            differences in long-term administrative costs for credit 
            programs versus grant programs by January 31, 1992. Their 
            reports shall recommend to Congress any changes, if 
            necessary, in the treatment of administrative costs under 
            credit reform

[[Page 457]]

            accounting. (Pub. L. 93-344, Title V, Sec. 503, as added 
            Pub. L. 101-508, Title XIII, Sec. 13201(a), Nov. 5, 1990, 
            104 Stat. 1388-611.)
399.39-22c
399.39-22c  Sec. 661c. Budgetary treatment.
            (a) President's budget
                Beginning with fiscal year 1992, the President's budget 
            shall reflect the costs of direct loan and loan guarantee 
            programs. The budget shall also include the planned level of 
            new direct loan obligations or loan guarantee commitments 
            associated with each appropriations request.
            (b) Appropriations required
                Notwithstanding any other provision of law, new direct 
            loan obligations may be incurred and new loan guarantee 
            commitments may be made for fiscal year 1992 and thereafter 
            only to the extent that--
                            (1) new budget authority to cover their 
                        costs is provided in advance in an 
                        appropriations Act;
                            (2) a limitation on the use of funds 
                        otherwise available for the cost of a direct 
                        loan or loan guarantee program has been provided 
                        in advance in an appropriations Act; or
                            (3) authority is otherwise provided in 
                        appropriation Acts.
            (c) Exemption for mandatory programs
                Subsections (b) and (e) of this section shall not apply 
            to a direct loan or loan guarantee program that--
                            (1) constitutes an entitlement (such as the 
                        guaranteed student loan program or the veterans' 
                        home loan guaranty program); or
                            (2) all existing credit programs of the 
                        Commodity Credit Corporation on November 5, 
                        1990.
            (d) Budget accounting
                (1) The authority to incur new direct loan obligations, 
            make new loan guarantee commitments, or modify outstanding 
            direct loans (or direct loan obligations) or loan guarantees 
            (or loan guarantee commitments) shall constitute new budget 
            authority in an amount equal to the cost of the direct loan 
            or loan guarantee in the fiscal year in which definite 
            authority becomes available or indefinite authority is used. 
            Such budget authority shall constitute an obligation of the 
            credit program account to pay to the financing account.
                (2) The outlays resulting from new budget authority for 
            the cost of direct loans or loan guarantees described in 
            paragraph (1) shall be paid from the credit program account 
            into the financing account and recorded in the fiscal year 
            in which the direct loan or the guaranteed loan is disbursed 
            or its costs altered.
                (3) All collections and payments of the financing 
            accounts shall be a means of financing.
            (e) Modifications
                An outstanding direct loan (or direct loan obligation) 
            or loan guarantee (or loan guarantee commitment) shall not 
            be modified in a manner that increases its costs unless 
            budget authority for the additional cost has been provided 
            in advance in an appropriations Act.

[[Page 458]]

            (f) Reestimates
                When the estimated cost for a group of direct loans or 
            loan guarantees for a given credit program made in a single 
            fiscal year is reestimated in a subsequent year, the 
            difference between the reestimated cost and the previous 
            cost estimate shall be displayed as a distinct and 
            separately identified subaccount in the credit program 
            account as a change in program costs and a change in net 
            interest. There is hereby provided permanent indefinite 
            authority for these reestimates.
            (g) Administrative expenses
                All funding for an agency's administration of a direct 
            loan or loan guarantee program shall be displayed as 
            distinct and separately identified subaccounts within the 
            same budget account as the program's cost. (Pub. L. 93-344, 
            Title V, Sec. 504, as added Pub. L. 101-508, Title XIII, 
            Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-612, and amended 
            Pub. L. 105-33, Title X, Sec. 10117(b), Aug. 5, 1997, 111 
            Stat. 693.)
399.39-22d
399.39-22d  Sec. 661d. Authorizations.
            (a) Authorization of appropriations for costs
                There are authorized to be appropriated to each Federal 
            agency authorized to make direct loan obligations or loan 
            guarantee commitments, such sums as may be necessary to pay 
            the cost associated with such direct loan obligations or 
            loan guarantee commitments.
            (b) Authorization for financing accounts
                In order to implement the accounting required by this 
            subchapter, the President is authorized to establish such 
            non-budgetary accounts as may be appropriate.
            (c) Treasury transactions with the financing accounts
                The Secretary of the Treasury shall borrow from, receive 
            from, lend to, or pay to the financing accounts such amounts 
            as may be appropriate. The Secretary of the Treasury may 
            prescribe forms and denominations, maturities, and terms and 
            conditions for the transactions described above, except that 
            the rate of interest charged by the Secretary on lending to 
            financing accounts (including amounts treated as lending to 
            financing accounts by the Federal Financing Bank 
            (hereinafter in this subsection referred to as the ``Bank'') 
            pursuant to section 655(b) of this title) and the rate of 
            interest paid to financing accounts on uninvested balances 
            in financing accounts shall be the same as the rate 
            determined pursuant to section 661a(5)(E) of this title. For 
            guaranteed loans financed by the Bank and treated as direct 
            loans by a Federal agency pursuant to section 655(b) of this 
            title, any fee or interest surcharge (the amount by which 
            the interest rate charged exceeds the rate determined 
            pursuant to section 661a(5)(E) of this title) that the Bank 
            charges to a private borrower pursuant to section 6(c) of 
            the Federal Financing Bank Act of 1973 shall be considered a 
            cash flow to the Government for the purposes of determining 
            the cost of the direct loan pursuant to section 661a(5) of 
            this title. All such amounts shall be credited to the 
            appropriate financing account. The Bank is authorized to 
            require reimbursement from a Federal agency to cover the 
            administrative expenses of the Bank that are attributable to 
            the direct loans financed for that agency. All such payments 
            by an agency shall be considered administrative expenses 
            subject to section 661c(g) of this title. This sub

[[Page 459]]

            section shall apply to transactions related to direct loan 
            obligations or loan guarantee commitments made on or after 
            October 1, 1991. The authorities described above shall not 
            be construed to supersede or override the authority of the 
            head of a Federal agency to administer and operate a direct 
            loan or loan guarantee program. All of the transactions 
            provided in this subsection shall be subject to the 
            provisions of subchapter II of chapter 15 of title 31 [31 
            U.S.C. 1511 et seq.]. Cash balances of the financing 
            accounts in excess of current requirements shall be 
            maintained in a form of uninvested funds and the Secretary 
            of the Treasury shall pay interest on these funds.
            (d) Authorization for liquidating accounts
                (1) Amounts in liquidating accounts shall be available 
            only for payments resulting from direct loan obligations or 
            loan guarantee commitments made prior to October 1, 1991, 
            for--
                            (A) interest payments and principal 
                        repayments to the Treasury or the Federal 
                        Financing Bank for amounts borrowed;
                            (B) disbursements of loans;
                            (C) default and other guarantee claim 
                        payments;
                            (D) interest supplement payments;
                            (E) payments for the costs of foreclosing, 
                        managing, and selling collateral that are 
                        capitalized or routinely deducted from the 
                        proceeds of sales;
                            (F) payments to financing accounts when 
                        required for modifications;
                            (G) administrative expenses, if--

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

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

                            (H) such other payments as are necessary for 
                        the liquidation of such direct loan obligations 
                        and loan guarantee commitments.
                (2) Amounts credited to liquidating accounts in any year 
            shall be available only for payments required in that year. 
            Any unobligated balances in liquidating accounts at the end 
            of a fiscal year shall be transferred to miscellaneous 
            receipts as soon as practicable after the end of the fiscal 
            year.
                (3) If funds in liquidating accounts are insufficient to 
            satisfy obligations and commitments of such accounts, there 
            is hereby provided permanent, indefinite authority to make 
            any payments required to be made on such obligations and 
            commitments.
            (e) Authorization of appropriations for implementation 
                expenses
                There are authorized to be appropriated to existing 
            accounts such sums as may be necessary for salaries and 
            expenses to carry out the responsibilities under this 
            subchapter.
            (f) Reinsurance
                Nothing in this subchapter shall be construed as 
            authorizing or requiring the purchase of insurance or 
            reinsurance on a direct loan or loan guarantee from private 
            insurers. If any such reinsurance for a direct loan or loan 
            guarantee is authorized, the cost of such insurance and

[[Page 460]]

            any recoveries to the Government shall be included in the 
            calculation of the cost.
            (g) Eligibility and assistance
                Nothing in this subchapter shall be construed to change 
            the authority or the responsibility of a Federal agency to 
            determine the terms and conditions of eligibility for, or 
            the amount of assistance provided by a direct loan or a loan 
            guarantee. (Pub. L. 93-344, Title V, Sec. 505, as added Pub. 
            L. 101-508, Title XIII, Sec. 13201(a), Nov. 5, 1990, 104 
            Stat. 1388-613, and amended Pub. L. 105-33, Title X, 
            Sec. 10117(c), Aug. 5, 1997, 111 Stat. 694.)
399.39-22e
399.39-22e  Sec. 661e. Treatment of deposit insurance and agencies and 
                other insurance programs.
            (a) ln general
                This subchapter shall not apply to the credit or 
            insurance activities of the Federal Deposit Insurance 
            Corporation, National Credit Union Administration, 
            Resolution Trust Corporation, Pension Benefit Guaranty 
            Corporation, National Flood Insurance, National Insurance 
            Development Fund, Crop Insurance, or Tennessee Valley 
            Authority.
            (b) Study
                The Director and the Director of the Congressional 
            Budget Office shall each study whether the accounting for 
            Federal deposit insurance programs should be on a cash basis 
            on the same basis as loan guarantees, or on a different 
            basis. Each Director shall report findings and 
            recommendations to the President and the Congress on or 
            before May 31, 1991.
            (c) Access to data
                For the purposes of subsection (b) of this section, the 
            Office of Management and Budget and the Congressional Budget 
            Office shall have access to all agency data that may 
            facilitate these studies. (Pub. L. 93-344, Title V, 
            Sec. 506, as added Pub. L. 101-508, Title XIII, 
            Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614, and amended 
            Pub. L. 105-33, Title X, Sec. 10117(d), Aug. 5, 1997, 111 
            Stat. 695.)
399.39-22f
399.39-22f  Sec. 661f. Effect on other laws.
            (a) Effect on other laws
                This subchapter shall supersede, modify, or repeal any 
            provision of law enacted prior to November 5, 1990 to the 
            extent such provision is inconsistent with this subchapter. 
            Nothing in this subchapter shall be construed to establish a 
            credit limitation on any Federal loan or loan guarantee 
            program.
            (b) Crediting of collections
                Collections resulting from direct loans obligated or 
            loan guarantees committed prior to October 1, 1991, shall be 
            credited to the liquidating accounts of Federal agencies. 
            Amounts so credited shall be available, to the same extent 
            that they were available prior to November 5, 1990, to 
            liquidate obligations arising from such direct loans 
            obligated or loan guarantees committed prior to October 1, 
            1991, including repayment of any obligations held by the 
            Secretary of the Treasury or the Federal Financing Bank. The 
            unobligated balances of such accounts that are

[[Page 461]]

            in excess of current needs shall be transferred to the 
            general fund of the Treasury. Such transfers shall be made 
            from time to time but, at least once each year. (Pub. L. 93-
            344, Title V, Sec. 507, as added Pub. L. 101-508, Title 
            XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614.)
            
               Subchapter IV.--Budget Agreement Enforcement Provisions

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

  

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

  

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

  

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

  

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

  

399.39-23e
399.39-23e  Sec. 665e. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a), 
                Aug. 5, 1997, 111 Stat. 695.
            
                Chapter 17B.--IMPOUNDMENT CONTROL AND LINE ITEM VETO

 399.39-24
 399.99-24  Sec. 681. Disclaimer.
                Nothing contained in this Act, or in any amendments made 
            by this Act, shall be construed as--
                            (1) asserting or conceding the 
                        constitutional powers or limitations of either 
                        the Congress or the President;
                            (2) ratifying or approving any impoundment 
                        heretofore or hereafter executed or approved by 
                        the President or any other Federal officer or 
                        employee, except insofar as pursuant to 
                        statutory authorization then in effect;
                            (3) affecting in any way the claims or 
                        defenses of any party to litigation concerning 
                        any impoundment; or
                            (4) superseding any provision of law which 
                        requires the obligation of budget authority or 
                        the making of outlays thereunder. (Pub. L. 93-
                        344, Title X, Sec. 1001, July 12, 1974, 88 Stat. 
                        332.)
399.39-24a
399.39-24a  Sec. 682. Definitions.
                For purposes of sections 682 to 688 of this title--
                            (1) ``deferral of budget authority'' 
                        includes--

                                (A) withholding or delaying the 
                            obligation or expenditure of budget 
                            authority (whether by establishing reserves 
                            or otherwise) provided for projects or 
                            activities; or

                                (B) any other type of Executive action 
                            or inaction which effectively precludes the 
                            obligation or expenditure of budget 
                            authority, including authority to obligate 
                            by contract in advance of appropriations as 
                            specifically authorized by law;

                            (2) ``Comptroller General'' means the 
                        Comptroller General of the United States;
                            (3) ``rescission bill'' means a bill or 
                        joint resolution which only rescinds, in whole 
                        or in part, budget authority proposed to be 
                        rescinded in a special message transmitted by 
                        the President under

[[Page 462]]

                        section 683 of this title, and upon which the 
                        Congress completes action before the end of the 
                        first period of 45 calendar days of continuous 
                        session of the Congress after the date on which 
                        the President's message is received by the 
                        Congress;
                            (4) ``impoundment resolution'' means a 
                        resolution of the House of Representatives or 
                        the Senate which only expresses its disapproval 
                        of a proposed deferral of budget authority set 
                        forth in a special message transmitted by the 
                        President under section 684 of this title; and
                            (5) continuity of a session of the Congress 
                        shall be considered as broken only by an 
                        adjournment of the Congress sine die, and the 
                        days on which either House is not in session 
                        because of an adjournment of more than 3 days to 
                        a day certain shall be excluded in the 
                        computation of the 45-day period referred to in 
                        paragraph (3) of this section and in section 683 
                        of this title, and the 25-day periods referred 
                        to in sections 687 and 688(b)(1) of this title. 
                        If a special message is transmitted under 
                        section 683 of this title during any Congress 
                        and the last session of such Congress adjourns 
                        sine die before the expiration of 45 calendar 
                        days of continuous session (or a special message 
                        is so transmitted after the last session of the 
                        Congress adjourns sine die), the message shall 
                        be deemed to have been retransmitted on the 
                        first day of the succeeding Congress and the 45-
                        day period referred to in paragraph (3) of this 
                        section and in section 683 of this title (with 
                        respect to such message) shall commence on the 
                        day after such first day. (Pub. L. 93-344, Title 
                        X, Sec. 1011, July 12, 1974, 88 Stat. 333.)
                  
            
                                           

399.39-24b
399.39-24b  Sec. 683. Rescission of budget authority.
            (a) Transmittal of special message
                Whenever the President determines that all or part of 
            any budget authority will not be required to carry out the 
            full objectives or scope of programs for which it is 
            provided or that such budget authority should be rescinded 
            for fiscal policy or other reasons (including the 
            termination of authorized projects or activities for which 
            budget authority has been provided), or whenever all or part 
            of budget authority provided for only one fiscal year is to 
            be reserved from obligation for such fiscal year, the 
            President shall transmit to both Houses of Congress a 
            special message specifying--
                            (1) the amount of budget authority which he 
                        proposes to be rescinded or which is to be so 
                        reserved;
                            (2) any account, department, or 
                        establishment of the Government to which such 
                        budget authority is available for obligation, 
                        and the specific project or governmental 
                        functions involved;
                            (3) the reasons why the budget authority 
                        should be rescinded or is to be so reserved;
                            (4) to the maximum extent practicable, the 
                        estimated fiscal, economic, and budgetary effect 
                        of the proposed rescission or of the 
                        reservation; and
                            (5) all facts, circumstances, and 
                        considerations relating to or bearing upon the 
                        proposed rescission or the reservation and the 
                        decision to effect the proposed rescission or 
                        the reservation, and to the maximum extent 
                        practicable, the estimated effect of the 
                        proposed rescis

[[Page 463]]

                        sion or the reservation upon the objects, 
                        purposes, and programs for which the budget 
                        authority is provided.
            (b) Requirement to make available for obligation
                Any amount of budget authority proposed to be rescinded 
            or that is to be reserved as set forth in such special 
            message shall be made available for obligation unless, 
            within the prescribed 45-day period, the Congress has 
            completed action on a rescission bill rescinding all or part 
            of the amount proposed to be rescinded or that is to be 
            reserved. Funds made available for obligation under this 
            procedure may not be proposed for rescission again.

            (Pub. L. 93-344, Title X, Sec. 1012, July 12, 1974, 88 Stat. 
            333; Pub. L. 100-119, Title II, Sec. 207, Sept. 29, 1987, 
            101 Stat. 786.)

 399.39-25
 399.39-25  Sec. 684. Proposed deferrals of budget authority.
            (a) Transmittal of special message
                Whenever the President, the Director of the Office of 
            Management and Budget, the head of any department or agency 
            of the United States, or any officer or employee of the 
            United States proposes to defer any budget authority 
            provided for a specific purpose or project, the President 
            shall transmit to the House of Representatives and the 
            Senate a special message specifying--
                            (1) the amount of the budget authority 
                        proposed to be deferred;
                            (2) any account, department, or 
                        establishment of the Government to which such 
                        budget authority is available for obligation, 
                        and the specific projects or governmental 
                        functions involved;
                            (3) the period of time during which the 
                        budget authority is proposed to be deferred;
                            (4) the reasons for the proposed deferral, 
                        including any legal authority invoked to justify 
                        the proposed deferral;
                            (5) to the maximum extent practicable, the 
                        estimated fiscal, economic, and budgetary effect 
                        of the proposed deferral; and
                            (6) all facts, circumstances, and 
                        considerations relating to or bearing upon the 
                        proposed deferral and the decision to effect the 
                        proposed deferral, including an analysis of such 
                        facts, circumstances, and considerations in 
                        terms of their application to any legal 
                        authority, including specific elements of legal 
                        authority, invoked to justify such proposed 
                        deferral, and to the maximum extent practicable, 
                        the estimated effect of the proposed deferral 
                        upon the objects, purposes, and programs for 
                        which the budget authority is provided.
                A special message may include one or more proposed 
            deferrals of budget authority. A deferral may not be 
            proposed for any period of time extending beyond the end of 
            the fiscal year in which the special message proposing the 
            deferral is transmitted to the House and the Senate.
            (b) Consistency with legislative policy
                Deferrals shall be permissible only--
                            (1) to provide for contingencies;
                            (2) to achieve savings made possible by or 
                        through changes in requirements or greater 
                        efficiency of operations; or
                            (3) as specifically provided by law.
                No officer or employee of the United States may defer 
            any budget authority for any other purpose.

[[Page 464]]

            (c) Exception
                The provisions of this section do not apply to any 
            budget authority proposed to be rescinded or that is to be 
            reserved as set forth in a special message required to be 
            transmitted under section 683 of this title. (Pub. L. 93-
            344, Title X, Sec. 1013, July 12, 1974, 88 Stat. 334; Pub. 
            L. 100-119, Title II, Sec. 206(a), Sept. 29, 1987, 101 Stat. 
            785.)
 399.39-26
 399.39-26  Sec. 685. Transmission of messages; publication.
            (a) Delivery to House and Senate
                Each special message transmitted under section 683 or 
            684 of this title shall be transmitted to the House of 
            Representatives and the Senate on the same day, and shall be 
            delivered to the Clerk of the House of Representatives if 
            the House is not in session, and to the Secretary of the 
            Senate if the Senate is not in session. Each special message 
            so transmitted shall be referred to the appropriate 
            committee of the House of Representatives and the Senate. 
            Each such message shall be printed as a document of each 
            House.
            (b) Delivery to Comptroller General
                A copy of each special message transmitted under section 
            683 or 684 of this title, shall be transmitted to the 
            Comptroller General on the same day it is transmitted to the 
            House of Representatives and the Senate. In order to assist 
            the Congress in the exercise of its functions under section 
            683 or 684 of this title, the Comptroller General shall 
            review each such message and inform the House of 
            Representatives and the Senate as promptly as practicable 
            with respect to--
                            (1) in the case of a special message 
                        transmitted under section 683 of this title, the 
                        facts surrounding the proposed rescission or the 
                        reservation of budget authority (including the 
                        probable effects thereof); and
                            (2) in the case of a special message 
                        transmitted under section 684 of this title, (A) 
                        the facts surrounding each proposed deferral of 
                        budget authority (including the probable effects 
                        thereof) and (B) whether or not (or to what 
                        extent), in his judgment, such proposed deferral 
                        is in accordance with existing statutory 
                        authority.
            (c) Transmission of supplementary messages
                If any information contained in a special message 
            transmitted under section 683 or 684 of this title is 
            subsequently revised, the President shall transmit to both 
            Houses of Congress and the Comptroller General a 
            supplementary message stating and explaining such revision. 
            Any such supplementary message shall be delivered, referred, 
            and printed as provided in subsection (a) of this section. 
            The Comptroller General shall promptly notify the House of 
            Representatives and the Senate of any changes in the 
            information submitted by him under subsection (b) of this 
            section which may be necessitated by such revision.
            (d) Printing in Federal Register
                Any special message transmitted under section 683 or 684 
            of this title, and any supplementary message transmitted 
            under subsection (c) of this section, shall be printed in 
            the first issue of the Federal Register published after such 
            transmittal.

[[Page 465]]

            (e) Cumulative reports of proposed rescissions, 
                reservations, and deferrals of budget authority
                (1) The President shall submit a report to the House of 
            Representatives and the Senate, not later than the 10th day 
            of each month during a fiscal year, listing all budget 
            authority for that fiscal year with respect to which, as of 
            the first day of such month--
                            (A) he has transmitted a special message 
                        under section 683 of this title with respect to 
                        a proposed rescission or a reservation; and
                            (B) he has transmitted a special message 
                        under section 684 of this title proposing a 
                        deferral.

            Such report shall also contain, with respect to each such 
            proposed rescission or deferral, or each such reservation, 
            the information required to be submitted in the special 
            message with respect thereto under section 683 or 684 of 
            this title.

                (2) Each report submitted under paragraph (1) shall be 
            printed in the first issue of the Federal Register published 
            after its submission. (Pub. L. 93-344, Title X, Sec. 1014, 
            July 12, 1974, 88 Stat. 335.)
 399.39-27
 399.39-27  Sec. 686. Reports by Comptroller General.
            (a) Failure to transmit special message
                If the Comptroller General finds that the President, the 
            Director of the Office of Management and Budget, the head of 
            any department or agency of the United States, or any other 
            officer or employee of the United States--
                            (1) is to establish a reserve or proposes to 
                        defer budget authority with respect to which the 
                        President is required to transmit a special 
                        message under section 683 or 684 of this title; 
                        or
                            (2) has ordered, permitted, or approved the 
                        establishment of such a reserve or a deferral of 
                        budget authority;

            and that the President has failed to transmit a special 
            message with respect to such reserve or deferral, the 
            Comptroller General shall make a report on such reserve or 
            deferral and any available information concerning it to both 
            Houses of Congress. The provisions of sections 682 to 688 of 
            this title shall apply with respect to such reserve or 
            deferral in the same manner and with the same effect as if 
            such report of the Comptroller General were a special 
            message transmitted by the President under section 683 or 
            684 of this title, and, for purposes of sections 682 to 688 
            of this title, such report shall be considered a special 
            message transmitted under section 683 or 684 of this title.

            (b) Incorrect classification of special message
                If the President has transmitted a special message to 
            both Houses of Congress in accordance with section 683 or 
            684 of this title, and the Comptroller General believes that 
            the President so transmitted the special message in 
            accordance with one of those sections when the special 
            message should have been transmitted in accordance with the 
            other of those sections, the Comptroller General shall make 
            a report to both Houses of the Congress setting forth his 
            reasons. (Pub. L. 93-344, Title X, Sec. 1015, July 12, 1974, 
            88 Stat. 336.)

[[Page 466]]


 399.39-28
 399.39-28  Sec. 687. Suits by Comptroller General.
                If, under this chapter, budget authority is required to 
            be made available for obligation and such budget authority 
            is not made available for obligation, the Comptroller 
            General is hereby expressly empowered, through attorneys of 
            his own selection, to bring a civil action in the United 
            States District Court for the District of Columbia to 
            require such budget authority to be made available for 
            obligation, and such court is hereby expressly empowered to 
            enter in such civil action, against any department, agency, 
            officer, or employee of the United States, any decree, 
            judgment, or order which may be necessary or appropriate to 
            make such budget authority available for obligation. No 
            civil action shall be brought by the Comptroller General 
            under this section until the expiration of 25 calendar days 
            of continuous session of the Congress following the date on 
            which an explanatory statement by the Comptroller General of 
            the circumstances giving rise to the action contemplated has 
            been filed with the Speaker of the House of Representatives 
            and the President of the Senate. (Pub. L. 93-344, Title X, 
            Sec. 1016, July 12, 1974, 88 Stat. 336; Pub. L. 98-620, 
            Title IV, Sec. 402(35), Nov. 8, 1984, 98 Stat. 3360; Pub. L. 
            100-119, Title II, Sec. 206(b), Sept. 29, 1987, 101 Stat. 
            786.)
 399.39-29
 399.39-29  Sec. 688. Procedure in House of Representatives and Senate.
            (a) Referral
                Any rescission bill introduced with respect to a special 
            message or impoundment resolution introduced with respect to 
            a proposed deferral of budget authority shall be referred to 
            the appropriate committee of the House of Representatives or 
            the Senate, as the case may be.
            (b) Discharge of committee
                (1) If the committee to which a rescission bill or 
            impoundment resolution has been referred has not reported it 
            at the end of 25 calendar days of continuous session of the 
            Congress after its introduction, it is in order to move 
            either to discharge the committee from further consideration 
            of the bill or resolution or to discharge the committee from 
            further consideration of any other rescission bill with 
            respect to the same special message or impoundment 
            resolution with respect to the same proposed deferral, as 
            the case may be, which has been referred to the committee.
                (2) A motion to discharge may be made only by an 
            individual favoring the bill or resolution, may be made only 
            if supported by one-fifth of the Members of the House 
            involved (a quorum being present), and is highly privileged 
            in the House and privileged in the Senate (except that it 
            may not be made after the committee has reported a bill or 
            resolution with respect to the same special message or the 
            same proposed deferral, as the case may be); and debate 
            thereon shall be limited to not more than 1 hour, the time 
            to be divided in the House equally between those favoring 
            and those opposing the bill or resolution, and to be divided 
            in the Senate equally between, and controlled by, the 
            majority leader and the minority leader or their designees. 
            An amendment to the motion is not in order, and it is not in 
            order to move to reconsider the vote by which the motion is 
            agreed to or disagreed to.

[[Page 467]]

            (c) Floor consideration in the House
                (1) When the committee of the House of Representatives 
            has reported, or has been discharged from further 
            consideration of, a rescission bill or impoundment 
            resolution, it shall at any time thereafter be in order 
            (even though a previous motion to the same effect has been 
            disagreed to) to move to proceed to the consideration of the 
            bill or resolution. The motion shall be highly privileged 
            and not debatable. An amendment to the motion shall not be 
            in order, nor shall it be in order to move to reconsider the 
            vote by which the motion is agreed to or disagreed to.
                (2) Debate on a rescission bill or impoundment 
            resolution shall be limited to not more than 2 hours, which 
            shall be divided equally between those favoring and those 
            opposing the bill or resolution. A motion further to limit 
            debate shall not be debatable. In the case of an impoundment 
            resolution, no amendment to, or motion to recommit, the 
            resolution shall be in order. It shall not be in order to 
            move to reconsider the vote by which a rescission bill or 
            impoundment resolution is agreed to or disagreed to.
                (3) Motions to postpone, made with respect to the 
            consideration of a rescission bill or impoundment 
            resolution, and motions to proceed to the consideration of 
            other business, shall be decided without debate.
                (4) All appeals from the decisions of the Chair relating 
            to the application of the Rules of the House of 
            Representatives to the procedure relating to any rescission 
            bill or impoundment resolution shall be decided without 
            debate.
                (5) Except to the extent specifically provided in the 
            preceding provisions of this subsection, consideration of 
            any rescission bill or impoundment resolution and amendments 
            thereto (or any conference report thereon) shall be governed 
            by the Rules of the House of Representatives applicable to 
            other bills and resolutions, amendments, and conference 
            reports in similar circumstances.
            (d) Floor consideration in the Senate
                (1) Debate in the Senate on any rescission bill or 
            impoundment resolution, and all amendments thereto (in the 
            case of a rescission bill) and debatable motions and appeals 
            in connection therewith, shall be limited to not more than 
            10 hours. The time shall be equally divided between, and 
            controlled by, the majority leader and the minority leader 
            or their designees.
                (2) Debate in the Senate on any amendment to a 
            rescission bill shall be limited to 2 hours, to be equally 
            divided between, and controlled by, the mover and the 
            manager of the bill. Debate on any amendment to an 
            amendment, to such a bill, and debate on any debatable 
            motion or appeal in connection with such a bill or an 
            impoundment resolution shall be limited to 1 hour, to be 
            equally divided between, and controlled by, the mover and 
            the manager of the bill or resolution, except that in the 
            event the manager of the bill or resolution is in favor of 
            any such amendment, motion, or appeal, the time in 
            opposition thereto, shall be controlled by the minority 
            leader or his designee. No amendment that is not germane to 
            the provisions of a rescission bill shall be received. Such 
            leaders, or either of them, may, from the time under their 
            control on the passage of a rescission bill or impoundment 
            resolution, allot

[[Page 468]]

            additional time to any Senator during the consideration of 
            any amendment, debatable motion, or appeal.
                (3) A motion to further limit debate is not debatable. 
            In the case of a rescission bill, a motion to recommit 
            (except a motion to recommit with instructions to report 
            back within a specified number of days, not to exceed 3, not 
            counting any day on which the Senate is not in session) is 
            not in order. Debate on any such motion to recommit shall be 
            limited to one hour, to be equally divided between, and 
            controlled by, the mover and the manager of the concurrent 
            resolution. In the case of an impoundment resolution, no 
            amendment or motion to recommit is in order.
                (4) The conference report on any rescission bill shall 
            be in order in the Senate at any time after the third day 
            (excluding Saturdays, Sundays, and legal holidays) following 
            the day on which such a conference report is reported and is 
            available to Members of the Senate. A motion to proceed to 
            the consideration of the conference report may be made even 
            though a previous motion to the same effect has been 
            disagreed to.
                (5) During the consideration in the Senate of the 
            conference report on any rescission bill, debate shall be 
            limited to 2 hours to be equally divided between, and 
            controlled by, the majority leader and minority leader or 
            their designees. Debate on any debatable motion or appeal 
            related to the conference report shall be limited to 30 
            minutes, to be equally divided between, and controlled by, 
            the mover and the manager of the conference report.
                (6) Should the conference report be defeated, debate on 
            any request for a new conference and the appointment of 
            conferees shall be limited to one hour, to be equally 
            divided between, and controlled by, the manager of the 
            conference report and the minority leader or his designee, 
            and should any motion be made to instruct the conferees 
            before the conferees are named, debate on such motion shall 
            be limited to 30 minutes, to be equally divided between, and 
            controlled by, the mover and the manager of the conference 
            report. Debate on any amendment to any such instructions 
            shall be limited to 20 minutes, to be equally divided 
            between, and controlled by, the mover and the manager of the 
            conference report. In all cases when the manager of the 
            conference report is in favor of any motion, appeal, or 
            amendment, the time in opposition shall be under the control 
            of the minority leader or his designee.
                (7) In any case in which there are amendments in 
            disagreement, time on each amendment shall be limited to 30 
            minutes, to be equally divided between, and controlled by, 
            the manager of the conference report and the minority leader 
            or his designee. No amendment that is not germane to the 
            provisions of such amendments shall be received. (Pub. L. 
            93-344, Title X, Sec. 1017, July 12, 1974, 88 Stat. 337.)
 399.39-30
 399.39-30  Exercise of rulemaking powers.
                (a) The provisions of this title and of titles I, III, 
            IV, and V and the provisions of sections 701, 703, and 1017 
            are enacted by the Congress--
                            (1) as an exercise of the rulemaking power 
                        of the House of Representatives and the Senate, 
                        respectively, and as such they shall be 
                        considered as part of the rules of each House, 
                        respectively, or of that House to which they 
                        specifically apply, and such rules shall

[[Page 469]]

                        supersede other rules only to the extent that 
                        they are inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of either House to change 
                        such rules (so far as relating to such House) at 
                        any time, in the same manner, and to the same 
                        extent as in the case of any other rule of such 
                        House.
                (b) Any provision of title III or IV may be waived or 
            suspended in the Senate by a majority vote of the Members 
            voting, a quorum being present, or by the unanimous consent 
            of the Senate.
                (c) Waivers.--
                            (1) Permanent.--Sections 305(b)(2), 
                        305(c)(4), 306, 310(d)(2), 313, 904(c), and 
                        904(d) of this Act may be waived or suspended in 
                        the Senate only by the affirmative vote of 
                        three-fifths of the Members, duly chosen and 
                        sworn.
                            (2) Temporary.--Sections 301(i), 302(c), 
                        302(f), 310(g), 311(a), 312(b), and 312(c) of 
                        this Act and sections 258(a)(4)(C), 
                        258A(b)(3)(C)(I) \1\, 258B(f)(1), 258B(h)(1), 
                        258(h)(3) \2\, 258C(a)(5), and 258C(b)(1) of the 
                        Balanced Budget and Emergency Deficit Control 
                        Act of 1985 may be waived or suspended in the 
                        Senate only by the affirmative vote of three-
                        fifths of the Members, duly chosen and sworn.
                \1\ So in law. Probably should read 
                ``258A(b)(3)(C)(i)''.
                \1\ So in law. Probably should read ``258B(h)(3)''.
                (d) Appeals.--
                            (1) Procedure.--Appeals in the Senate from 
                        the decisions of the Chair relating to any 
                        provision of title III or IV or section 1017 
                        shall, except as otherwise provided therein, be 
                        limited to 1 hour, to be equally divided 
                        between, and controlled by, the mover and the 
                        manager of the resolution, concurrent 
                        resolution, reconciliation bill, or rescission 
                        bill, as the case may be.
                            (2) Permanent.--An affirmative vote of 
                        three-fifths of the Members, duly chosen and 
                        sworn, shall be required in the Senate to 
                        sustain an appeal of the ruling of the Chair on 
                        a point of order raised under sections 
                        305(b)(2), 305(c)(4), 306, 310(d)(2), 313, 
                        904(c), and 904(d) of this Act.
                            (3) Temporary.--An affirmative vote of 
                        three-fifths of the Members, duly chosen and 
                        sworn, shall be required in the Senate to 
                        sustain an appeal of the ruling of the Chair on 
                        a point of order raised under sections 301(i), 
                        302(c), 302(f), 310(g), 311(a), 312(b), and 
                        312(c) of this Act and sections 258(a)(4)(C), 
                        258A(b)(3)(C)(I) \1\, 258B(f)(1), 258B(h)(1), 
                        258(h)(3) \2\, 258C(a)(5), and 258C(b)(1) of the 
                        Balanced Budget and Emergency Deficit Control 
                        Act of 1985.
                (e) Expiration of Certain Supermajority Voting 
            Requirements.--Subsections (c)(2) and (d)(3) shall expire on 
            September 30, 2002.



 399.39-32
 399.39-32  Referral of matters dealing with rescissions and deferrals.
                On January 30, 1975, the Senate agreed to the following 
            resolution, which provides for the referral of matters 
            dealing with rescissions and deferrals:
                Resolved (1) That messages received pursuant to title X 
            of the Congressional Budget and Impoundment Control Act 12 
            U.S.C. 681-2 U.S.C.

[[Page 470]]

            688] be referred concurrently to the Appropriations 
            Committee, to the Budget Committee, and to any other 
            appropriate authorizing committee.
                (2) That bills, resolutions, and joint resolutions 
            introduced with respect to rescissions and deferrals shall 
            be referred to the Appropriations Committee, the Budget 
            Committee, and pending implementation of section 410 of the 
            Congressional Budget Impoundment Control act [should be 
            section 401, 2 U.S.C. 651] and subject to section 401(d) [2 
            U.S.C. 651(d)], to any other committee exercising 
            jurisdiction over contract and borrowing authority programs 
            as defined by section 401(c)(2) (A) and (B) [2 U.S.C. 
            651(c)(2) (A) and (B)]. The Budget Committee and such other 
            Committees shall report their views, if any, to the 
            Appropriations Committee within 20 days following referral 
            of such bills, resolutions, or joint resolutions. The Budget 
            Committee's consideration shall extend only to macroeconomic 
            implications, impact on priorities and aggregate spending 
            levels, and the legality of the President's use of the 
            deferral and rescisions mechanism under title X. The 
            Appropriations and authorizing committees shall exercise 
            their normal responsibilities over programs and priorities.
                (3) If any Committee to which a bill or resolution has 
            been referred recommends its passage, the Appropriations 
            Committee shall report that bill or resolution together with 
            its views and reports of the Budget and any appropriate 
            authorizing committees to the Senate within:
                            (A) the time remaining under the Act in the 
                        case of recisions, or
                            (B) within 20 days in the case of deferrals.
                (4) The 20 days period referred to herein means 20 
            calendar days; and for the purposes of computing the 20 
            days, recesses or adjournments of the Senate for more than 3 
            days to a day certain shall not be counted; and for recesses 
            and adjournments of more than 30 calendar days, continuous 
            duration or the sine die adjournment of a session, the 20 
            day period shall begin anew on the day following the 
            reconvening of the Senate. (S. Res. 45, 94-1, Jan 30, 1975, 
            121 Cong. Rec. 1917, amended by unanimous consent, Apr. 11, 
            1986, Cong. Rec., p. 4157, daily ed).
 399.39-33
 399.39-33  Joint referral of legislation affecting the budget process.
                On August 4, 1977, the Senate agreed to an order 
            providing that legislation affecting the congressional 
            budget process be referred jointly to the Committee on the 
            Budget and the Committee on Governmental Affairs and that, 
            if one committee reports a jointly referred measure, the 
            other must act on the measure within 30 calendar days of 
            continuous possession or be automatically discharged from 
            further consideration of the measure:
                Legislative proposals affecting the congressional budget 
            process to which this order applies are:
                First. The functions, duties, and powers of the Budget 
            Committee--as described in title I of the . . . 
            [Congressional Budget and Impoundment Control Act of 1974];
                Second. The functions, duties, and powers of the 
            Congressional Budget Office--as described in title II and IV 
            of the act [2 U.S.C. 601-603; 2 U.S.C. 651-653];
                Third. The process by which Congress annually 
            establishes the appropriate levels of budget authority, 
            outlays, revenues, deficits or surpluses, and public debt--
            including subdivisions thereof. That process includes the 
            establishment of: mandatory ceilings on spending and 
            appropriations;

[[Page 471]]

            a floor on revenues; timetables for congressional action on 
            concurrent resolutions, on the reporting of authorization 
            bills, and on the enactment of appropriation bills; and 
            enforcement mechanisms for the limits and timetables, all as 
            described in title III and IV of the act [2 U.S.C. 631-641; 
            2 U.S.C. 651-653].
                Fourth. The limiting of backdoor spending devices--as 
            described in title IV of the act [2 U.S.C. 651-653];
                Fifth. The timetables for Presidential submission of 
            appropriations and authorization requests--as described in 
            title VI of the act [repealed, with portions being codified 
            in sections 1105, 1109, and 1110 of title 31, United States 
            Code];
                Sixth. The definitions of what constitutes impoundment--
            such as ``rescisions'' and ``deferrals,'' as provided in the 
            Impoundment Control Act, title X [2 U.S.C. 681-688];
                Seventh. The process and determination by which 
            impoundments must be reported to and considered by 
            Congress--as provided in the Impoundment Control Act, title 
            X [2 U.S.C. 681-688];
                Eighth. The mechanisms to insure Executive compliance 
            with the provisions of the Impoundment Control Act, title X 
            [2 U.S.C. 681-688]--such as GAO review and lawsuits; and
                Ninth. The provisions which affect the content or 
            determination of amounts included in or excluded from the 
            congressional budget or the calculation of such amounts, 
            including the definition of terms provided by the Budget 
            Act--as set forth in title I thereof [2 U.S.C. 622]. (By 
            unanimous consent, Aug. 4, 1977; Cong. Rec., p. S13553, 
            daily ed.)
            
                         Constitutionality of Line Item Veto

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

            if the President--

                            (A) determines that such cancellation will--

                                (i) reduce the Federal budget deficit;

                                (ii) not impair any essential Government 
                            functions; and

                                (iii) not harm the national interest; 
                            and

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

[[Page 472]]

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

[[Page 473]]

                            (B) the specific States and congressional 
                        districts, if any, affected by the cancellation; 
                        and
                            (C) the total number of cancellations 
                        imposed during the current session of Congress 
                        on States and congressional districts identified 
                        in subparagraph (B).
            (c) Transmission of special messages to House and Senate
                (1) The President shall transmit to the Congress each 
            special message under this subchapter within five calendar 
            days (excluding Sundays) after enactment of the law to which 
            the cancellation applies. Each special message shall be 
            transmitted to the House of Representatives and the Senate 
            on the same calendar day. Such special message shall be 
            delivered to the Clerk of the House of Representatives if 
            the House is not in session, and to the Secretary of the 
            Senate if the Senate is not in session.
                (2) Any special message transmitted under this 
            subchapter shall be printed in the first issue of the 
            Federal Register published after such transmittal. (Pub. L. 
            93-344, Title X, Sec. 1022, as added Pub. L. 104-130, 
            Sec. 2(a), Apr. 9, 1996, 110 Stat. 1201, and amended Pub. L. 
            105-33, Title X, Sec. 10121(a), Aug. 5, 1997, 111 Stat. 
            696.)
399.39-34b
399.39-34b  Sec. 691b. Cancellation effective unless disapproved.
            (a) In general
                The cancellation of any dollar amount of discretionary 
            budget authority, item of new direct spending, or limited 
            tax benefit shall take effect upon receipt in the House of 
            Representatives and the Senate of the special message 
            notifying the Congress of the cancellation. If a disapproval 
            bill for such special message is enacted into law, then all 
            cancellations disapproved in that law shall be null and void 
            and any such dollar amount of discretionary budget 
            authority, item of new direct spending, or limited tax 
            benefit shall be effective as of the original date provided 
            in the law to which the cancellation applied.
            (b) Commensurate reductions in discretionary budget 
                authority
                Upon the cancellation of a dollar amount of 
            discretionary budget authority under subsection (a) of this 
            section, the total appropriation for each relevant account 
            of which that dollar amount is a part shall be 
            simultaneously reduced by the dollar amount of that 
            cancellation. (Pub. L. 93-344, Title X, Sec. 1023, as added 
            Pub. L. 104-130, Sec. 2(a), Apr. 9, 1996, 110 Stat. 1202.)
399.39-34c
399.39-34c  Sec. 691c. Deficit reduction.
            (a) In general
                (1) Discretionary budget authority
                            OMB shall, for each dollar amount of 
                        discretionary budget authority and for each item 
                        of new direct spending canceled from an 
                        appropriation law under section 691(a) of this 
                        title--

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

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

[[Page 474]]

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

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

[[Page 475]]

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

[[Page 476]]

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

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

[[Page 477]]

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

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

                            (B) Waiver or appeal

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

                                        (i) to waive or suspend this 
                                    paragraph; or

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

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

[[Page 478]]

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

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

[[Page 479]]


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

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

                            (2) Calendar day

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

                            (3) Calendar days of session

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

                            (4) Cancel

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

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

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

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

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

                            (5) Direct spending

                                The term ``direct spending'' means--

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

                                        (B) entitlement authority; and

                                        (C) the food stamp program.

                            (6) Disapproval bill

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

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

                                        (B) which does not have a 
                                    preamble; and

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

[[Page 480]]

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

                            (7) Dollar amount of discretionary budget 
                        authority

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

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

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

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

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

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

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

                                        (i) direct spending;

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

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

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

                            (8) Item of new direct spending

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

                            (9) Limited tax benefit

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

[[Page 481]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 482]]

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

                            (10) OMB

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

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

[[Page 483]]

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

[[Page 484]]

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

            
             Chapter 20.--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS

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

    399.40
    399.40  Sec. 900. Statement of budget enforcement through 
                sequestration; definitions.
            (a) Omitted
            (b) General statement of budget enforcement through 
                sequestration
                This chapter provides for budget enforcement as called 
            for in House Concurrent Resolution 84 (105th Congress, 1st 
            session).
            (c) Definitions
                As used in this subchapter:
                            (1) The terms ``budget authority,'' ``new 
                        budget authority,'' ``outlays,'' and ``deficit'' 
                        have the meanings given to such terms in section 
                        622 of this title and ``discretionary spending 
                        limit'' shall mean the amounts specified in 
                        section 901 of this title.
                            (2) The terms ``sequester'' and 
                        ``sequestration'' refer to or mean the 
                        cancellation of budgetary resources provided by 
                        discretionary appropriations or direct spending 
                        law.
                            (3) The term ``breach'' means, for any 
                        fiscal year, the amount (if any) by which new 
                        budget authority or outlays for that year 
                        (within a category of discretionary 
                        appropriations) is above that category's 
                        discretionary spending limit for new budget 
                        authority or outlays for that year, as the case 
                        may be.
                            (4)(A) The term ``category'' means the 
                        subsets of discretionary appropriations in 
                        section 901(c) of this title. Discretionary 
                        appropriations in each of the categories shall 
                        be those designated in the joint explanatory 
                        statement accompanying the conference report on 
                        the Balanced Budget Act of 1997. New accounts or 
                        activities shall be categorized only after 
                        consultation with the Committees on 
                        Appropriations and the Budget of the House of 
                        Representatives and the Senate and that 
                        consultation shall, to the extent practicable, 
                        include written communication to such committees 
                        that affords such committees the opportunity to 
                        comment before official action is taken with 
                        respect to new accounts or activities.
                            (B) The term ``highway category'' refers to 
                        the following budget accounts or portions 
                        thereof that are subject to the obligation 
                        limitations on contract authority set forth in 
                        the Transportation Equity Act for the 21st 
                        Century:

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

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

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

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

[[Page 485]]

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

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

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

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

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

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

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

                    Such term also refers to the Washington Metropolitan 
                    Transit Authority account (69-1128-01-1-401) only 
                    for fiscal year 1999 only for appropriations 
                    provided pursuant to authorizations contained in 
                    section 14 of Public Law 96-184 and Public Law 101-
                    551.
                            (D) Special rule:
                            (i) Any outlays in excess of the 
                        discretionary spending limit set forth in 
                        section 901(c) of this title for the highway or 
                        mass transit category, as adjusted, for the 
                        budget year shall be considered nondefense 
                        category outlays or discretionary category 
                        outlays.
                            (ii) If the obligation limitations for 
                        accounts in the highway or mass transit category 
                        provided in an appropriation Act for a fiscal 
                        year exceed the obligation limitations set forth 
                        in section 8103 of the Transportation Equity Act 
                        for the 21st Century for that year, as adjusted, 
                        the estimated outlays flowing for each outyear 
                        from such excess obligations calculated pursuant 
                        to clause (iii) shall be attributed to the 
                        discretionary category in that outyear.
                            (iii) For purposes of clause (ii), outlays 
                        from excess obligations shall be determined 
                        using the average of the spendout rates for that 
                        category in the baseline.
                            (5) The term ``baseline'' means the 
                        projection (described in section 907 of this 
                        title) of current-year levels of new budget 
                        authority, outlays, receipts, and the surplus or 
                        deficit into the budget year and the outyears.
                            (6) The term ``budgetary resources'' means 
                        new budget authority, unobligated balances, 
                        direct spending authority, and obligation 
                        limitations.
                            (7) The term ``discretionary 
                        appropriations'' means budgetary resources 
                        (except to fund direct-spending programs) 
                        provided in appropriation Acts.
                            (8) The term ``direct spending'' means--

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

                                (B) entitlement authority; and

                                (C) the food stamp program.

                            (9) The term ``current'' means, with respect 
                        to OMB estimates included with a budget 
                        submission under section 1105(a) of title 31, 
                        the estimates consistent with the economic and 
                        technical assumptions underlying that budget and 
                        with respect to estimates made after that budget 
                        submission that are not included with it,

[[Page 486]]

                        estimates consistent with the economic and 
                        technical assumptions underlying the most 
                        recently submitted President's budget.
                            (10) The term ``real economic growth'', with 
                        respect to any fiscal year, means the growth in 
                        the gross national product during such fiscal 
                        year, adjusted for inflation, consistent with 
                        Department of Commerce definitions.
                            (11) The term ``account'' means an item for 
                        which appropriations are made in any 
                        appropriation Act and, for items not provided 
                        for in appropriation Acts, such term means an 
                        item for which there is a designated budget 
                        account identification code number in the 
                        President's budget.
                            (12) The term ``budget year'' means, with 
                        respect to a session of Congress, the fiscal 
                        year of the Government that starts on October 1 
                        of the calendar year in which that session 
                        begins.
                            (13) The term ``current year'' means, with 
                        respect to a budget year, the fiscal year that 
                        immediately precedes that budget year.
                            (14) The term ``outyear'' means, with 
                        respect to a budget year, any of the first 4 
                        fiscal years that follow the budget year.
                            (15) The term ``OMB'' means the Director of 
                        the Office of Management and Budget.
                            (16) The term ``CBO'' means the Director of 
                        the Congressional Budget Office.
                            (17) As used in this subchapter, all 
                        references to entitlement authority shall 
                        include the list of mandatory appropriations 
                        included in the joint explanatory statement of 
                        managers accompanying the conference report on 
                        the Balanced Budget Act of 1997.
                            (18) The term ``deposit insurance'' refers 
                        to the Federal deposit insurance agencies, and 
                        other Federal agencies supervising insured 
                        depository institutions, resulting from full 
                        funding of, and continuation of, the deposit 
                        insurance guarantee commitment in effect under 
                        current estimates.
                            (19) The term ``asset sale'' means the sale 
                        to the public of any asset (except for those 
                        assets covered by Title V of the Congressional 
                        Budget Act of 1974), whether physical or 
                        financial, owned in whole or in part by the 
                        United States. (Pub. L. 99-177, Title II, 
                        Sec. 250, as added and amended Pub. L. 101-508, 
                        Title XIII, Sec. 13101(a), (b), Nov. 5, 1990, 
                        104 Stat. 1388-575, 1388-589; Pub. L. 105-33, 
                        Title X, Sec. 10202, Aug. 5, 1997, 111 Stat. 
                        697; Pub. L. 105-178, Title VIII, Sec. 8101(c), 
                        (f), June 9, 1998, 112 Stat. 489, as amended 
                        Pub. L. 105-206, Title IX, Sec. 9013(b), July 
                        22, 1998, 112 Stat. 865.)
                        Waivers and Suspensions in the Senate
                Section 271(b) of Pub. L. 99-177, as amended by Pub. L. 
            100-119, Title II, Sec. 211, Sept. 29, 1987, 101 Stat. 787, 
            provided that: ``Sections 301(i), 302(c), 302(f), 304(b), 
            310(d), 310(g), and 311(a) of the Congressional Budget Act 
            of 1974 [sections 632(i), 633(c), 633(f), 635(b), 641(d), 
            641(g), and 642(a) of this title] may be waived or suspended 
            in the Senate only by the affirmative vote of three-fifths 
            of the Members, duly chosen and sworn. This subsection shall 
            not apply to any joint resolution reported or discharged 
            pursuant to section 254(a) of this joint resolution [section 
            904(a) of this title].''
                [For effective and termination dates of section 271(b) 
            of Pub. L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub. 
            L. 99-177, set out as a note above.]
                                 Appeals of Rulings
                Section 271(c) of Pub. L. 99-177, as enacted by Pub. L. 
            100-119, Title II, Sec. 210(a), Sept. 29, 1987, 101 Stat. 
            787, provided that: ``An affirmative vote of

[[Page 487]]

            three-fifths of the Members of the Senate, duly chosen and 
            sworn, shall be required in the Senate to sustain an appeal 
            of the ruling of the Chair on a point of order raised under 
            section 301(i), 302(c), 302(f), 304(b), 306, 310(g), or 
            311(a) of the Congressional Budget Act of 1974.'' [sections 
            632(i), 633(c), 633(f), 635(b), 637, 641(d), 641(g), or 
            642(a) of this title].
                [For effective and termination dates of section 271(c) 
            of Pub. L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub. 
            L. 99-177, set out as a note above.]
    399.41
    399.41  Sec. 901. Enforcing discretionary spending limits.
            (a) Enforcement
                (1) Sequestration
                            Within 15 calendar days after Congress 
                        adjourns to end a session and on the same day as 
                        a sequestration (if any) under section 902 of 
                        this title and section 903 of this title, there 
                        shall be a sequestration to eliminate a budget-
                        year breach, if any, within any category.
                (2) Eliminating a breach
                            Each non-exempt account within a category 
                        shall be reduced by a dollar amount calculated 
                        by multiplying the baseline level of 
                        sequestrable budgetary resources in that account 
                        at that time by the uniform percentage necessary 
                        to eliminate a breach within that category; 
                        except that the health programs set forth in 
                        section 906(e) of this title shall not be 
                        reduced by more than 2 percent and the uniform 
                        percent applicable to all other programs under 
                        this paragraph shall be increased (if necessary) 
                        to a level sufficient to eliminate that breach. 
                        If, within a category, the discretionary 
                        spending limits for both new budget authority 
                        and outlays are breached, the uniform percentage 
                        shall be calculated by--

                                (A) first, calculating the uniform 
                            percentage necessary to eliminate the breach 
                            in new budget authority, and

                                (B) second, if any breach in outlays 
                            remains, increasing the uniform percentage 
                            to a level sufficient to eliminate that 
                            breach.

                (3) Military personnel
                            If the President uses the authority to 
                        exempt any military personnel from sequestration 
                        under section 905(f) of this title, each account 
                        within subfunctional category 051 (other than 
                        those military personnel accounts for which the 
                        authority provided under section 905(f) of this 
                        title has been exercised) shall be further 
                        reduced by a dollar amount calculated by 
                        multiplying the enacted level of nonexempt 
                        budgetary resources in that account at that time 
                        by the uniform percentage necessary to offset 
                        the total dollar amount by which outlays are not 
                        reduced in military personnel accounts by reason 
                        of the use of such authority.
                (4) Part-year appropriations
                            If, on the date specified in paragraph (1), 
                        there is in effect an Act making or continuing 
                        appropriations for part of a fiscal year for any 
                        budget account, then the dollar sequestration 
                        calculated for that account under paragraphs (2) 
                        and (3) shall be subtracted from--

                                (A) the annualized amount otherwise 
                            available by law in that account under that 
                            or a subsequent part-year appropriation; and

[[Page 488]]

                                (B) when a full-year appropriation for 
                            that account is enacted, from the amount 
                            otherwise provided by the full-year 
                            appropriation.

                (5) Look-back
                            If, after June 30, an appropriation for the 
                        fiscal year in progress is enacted that causes a 
                        breach within a category for that year (after 
                        taking into account any sequestration of amounts 
                        within that category, the discretionary spending 
                        limits for that category for the next fiscal 
                        year shall be reduced by the amount or amounts 
                        for that breach.
                (6) Within-session sequestration
                            If an appropriation for a fiscal year in 
                        progress is enacted (after Congress adjourns to 
                        end the session for that budget year and before 
                        July 1 of that fiscal year) that causes a breach 
                        within a category of that year (after taking 
                        into account any prior sequestration of amounts 
                        within that category), 15 days later there shall 
                        be a sequestration to eliminate that breach 
                        within that category following the procedures 
                        set forth in paragraphs (2) through (4).
                (7) Estimates
                            (A) CBO estimates

                                As soon as practicable after Congress 
                            completes action on any discretionary 
                            appropriation, CBO, after consultation with 
                            the Committees on the Budget of the House of 
                            Representatives and the Senate shall provide 
                            OMB with an estimate of the amount of 
                            discretionary new budget authority and 
                            outlays for the current year (if any) and 
                            the budget year provided by that 
                            legislation.

                            (B) OMB estimates and explanation of 
                        differences

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

                            (C) Assumptions and guidelines

                                OMB estimates under this paragraph shall 
                            be made using current economic and technical 
                            assumptions. OMB shall use the OMB estimates 
                            transmitted to the Congress under this 
                            paragraph. OMB and CBO shall prepare 
                            estimates under this paragraph in 
                            conformance with scorekeeping guidelines 
                            determined after consultation among the 
                            House and Senate Committees on the Budget, 
                            CBO, and OMB.

                            (D) Annual appropriations

[[Page 489]]

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

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

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

                            (B) Adjustment to align highway spending 
                        with revenues

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

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

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

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

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

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

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

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

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

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

[[Page 490]]

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

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

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

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

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

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

                                (A) Emergency appropriations

                                        If, for any fiscal year, 
                                    appropriations for discretionary 
                                    accounts are enacted that the 
                                    President designates as emergency 
                                    requirements and that the Congress 
                                    so designates in statute, the 
                                    adjustment shall be the total of 
                                    such appropriations in discretionary 
                                    accounts designated as emergency 
                                    requirements and the outlays flowing 
                                    in all fiscal years from such 
                                    appropriations. This subparagraph 
                                    shall not

[[Page 491]]

                                    apply to appropriations to cover 
                                    agricultural crop disaster 
                                    assistance.

                                (B) Special outlay allowance

                                        If, in any fiscal year, outlays 
                                    for a category exceed the 
                                    discretionary spending limit for 
                                    that category but new budget 
                                    authority does not exceed its limit 
                                    for that category (after application 
                                    of the first step of a sequestration 
                                    described in subsection (a)(2) of 
                                    this section, if necessary), the 
                                    adjustment in outlays for a fiscal 
                                    year is the amount of the excess but 
                                    not to exceed 0.5 percent of the sum 
                                    of the adjusted discretionary 
                                    spending limits on outlays for that 
                                    fiscal year.

                                (C) Continuing disability reviews

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

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

                                        (ii) As used in this 
                                    subparagraph--

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

[[Page 492]]

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

                                (D) Allowance for IMF

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

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

                                (E) Allowance for international 
                            arrearages

                                        (i) Adjustments

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

                                        (ii) Limitations

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

                                (F) EITC compliance initiative

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

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

                                (G) Adoption incentive payments

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

[[Page 493]]

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

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

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

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

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

                            (3) with respect to fiscal year 1999--

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

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

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

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

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

                            (4) with respect to fiscal year 2000--

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

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

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

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

                            (5) with respect to fiscal year 2001--

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

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

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

                            (6) with respect to fiscal year 2002--

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

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

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

                            (7) with respect to fiscal year 2003--

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

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

[[Page 494]]

            as adjusted in strict conformance with subsection (b) of 
            this section. (Pub. L. 99-177, Title II, Sec. 251, Dec. 12, 
            1985, 99 Stat. 1063; Pub. L. 100-119, Title I, Sec. 102(a), 
            Sept. 29, 1987, 101 Stat. 754; Pub. L. 100-203, Title VIII, 
            Sec. 8003(f), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L. 
            101-508, Title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 
            1388-577; Pub. L. 103-66, Title XIV, Sec. 14002(c)(1), Aug. 
            10, 1993, 107 Stat. 683; Pub. L. 103-87, Title V, Sec. 571, 
            Sept. 30, 1993, 107 Stat. 971; Pub. L. 103-306, Title V, 
            Sec. 562, Aug. 23, 1994, 108 Stat. 1649; Pub. L. 103-354, 
            Title I, Sec. 119(d)(1), Oct. 13, 1994, 108 Stat. 3208; Pub. 
            L. 104-121, Title I, Sec. 103(b), Mar. 29, 1996, 110 Stat. 
            848; Pub. L. 104-193, Title II, Sec. 211(d)(5)(B), Aug. 22, 
            1996, 110 Stat. 2191; Pub. L. 104-208, div. A, Title I, 
            Sec. 101(c) Title V, Sec. 577, Sept. 30, 1996, 110 Stat. 
            3009-169; Pub. L. 105-33, Title X, Sec. 10203(a), (b), Aug. 
            5, 1997, 111 Stat. 698; Pub. L. 105-89, Title II, 
            Sec. 201(b)(1), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 105-
            178, Title VIII, Sec. 8101(a), (d), June 9, 1998, 112 Stat. 
            488, 490.)

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

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

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

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

[[Page 495]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 496]]

            (c) Eliminating a deficit increase
                (1) The amount required to be sequestered in a fiscal 
            year under subsection (b) of this section shall be obtained 
            from non-exempt direct spending accounts from actions taken 
            in the following order:
                            (A) First

                                All reductions in automatic spending 
                            increases specified in section 906(a) of 
                            this title shall be made.

                            (B) Second

                                If additional reductions in direct 
                            spending accounts are required to be made, 
                            the maximum reductions permissible under 
                            sections 906(b) (guaranteed and direct 
                            student loans) and 906(c) (foster care and 
                            adoption assistance) of this title shall be 
                            made.

                            (C) Third

                                (i) If additional reductions in direct 
                            spending accounts are required to be made, 
                            each remaining non-exempt direct spending 
                            account shall be reduced by the uniform 
                            percentage necessary to make the reductions 
                            in direct spending required by paragraph 
                            (1); except that the medicare programs 
                            specified in section 906(d) of this title 
                            shall not be reduced by more than 4 percent 
                            and the uniform percentage applicable to all 
                            other direct spending programs under this 
                            paragraph shall be increased (if necessary) 
                            to a level sufficient to achieve the 
                            required reduction in direct spending.

                                (ii) For purposes of determining 
                            reductions under clause (i), outlay 
                            reductions (as a result of sequestration of 
                            Commodity Credit Corporation commodity price 
                            support contracts in the fiscal year of a 
                            sequestration) that would occur in the 
                            following fiscal year shall be credited as 
                            outlay reductions in the fiscal year of the 
                            sequestration.

                (2) For purposes of this subsection, accounts shall be 
            assumed to be at the level in the baseline.
            (d) Estimates
                (1) CBO estimates
                            As soon as practicable after Congress 
                        completes action on any direct spending or 
                        receipts legislation, CBO shall provide an 
                        estimate to OMB of that legislation.
                (2) OMB estimates
                            Not later than 7 calendar days (excluding 
                        Saturdays, Sundays, and legal holidays) after 
                        the date of enactment of any direct spending or 
                        receipts legislation, OMB shall transmit a 
                        report to the House of Representatives and to 
                        the Senate containing--

                                (A) the CBO estimate of that 
                            legislation;

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

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

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

[[Page 497]]

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

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

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

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

                                (A) determine common scorekeeping 
                            guidelines; and

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

            (e) Emergency legislation

            If a provision of direct spending or receipts legislation is 
            enacted that the President designates as an emergency 
            requirement and that the Congress so designates in statute, 
            the amounts of new budget authority, outlays, and receipts 
            in all fiscal years resulting from that provision shall be 
            designated as an emergency requirement in the reports 
            required under subsection (d) of this section. This 
            subsection shall not apply to direct spending provisions to 
            cover agricultural crop disaster assistance. (Pub. L. 99-
            177, Title II, Sec. 252, Dec. 12, 1985, 99 Stat. 1072; Pub. 
            L. 100-119, Title I, Sec. 102(a), Sept. 29, 1987, 101 Stat. 
            764; Pub. L. 100-203, Title VIII, Sec. 8003(e), Dec. 22, 
            1987, 101 Stat. 1330-282; Pub. L. 101-508, Title XIII, 
            Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-581; Pub. L. 
            103-354, Title I, Sec. 119(d)(2), Oct. 13, 1994, 108 Stat. 
            3208; Pub. L. 105-33, Title X, Sec. 10205, Aug. 5, 1997, 111 
            Stat. 702.)

    399.43
    399.43  Sec. 903. Enforcing deficit targets.
            (a) Sequestration
                Within 15 calendar days after Congress adjourns to end a 
            session (other than of the One Hundred First Congress) and 
            on the same day as a sequestration (if any) under section 
            901 of this title and section 902 of this title, but after 
            any sequestration required by section 901 (enforcing 
            discretionary spending limits) of this title or section 902 
            (enforcing pay-as-you-go) of this title, there shall be a 
            sequestration to eliminate the excess deficit (if any 
            remains) if it exceeds the margin.
            (b) Excess deficit; margin
                The excess deficit is, if greater than zero, the 
            estimated deficit for the budget year, minus--
                            (1) the maximum deficit amount for that 
                        year;
                            (2) the amounts for that year designated as 
                        emergency direct spending or receipts 
                        legislation under section 902(e) of this title; 
                        and
                            (3) for any fiscal year in which there is 
                        not a full adjustment for technical and economic 
                        reestimates, the deposit insurance reesti

[[Page 498]]

                        mate for that year, if any, calculated under 
                        subsection (h) of this section.

            The ``margin'' for fiscal year 1992 or 1993 is zero and for 
            fiscal year 1994 or 1995 is $15,000,000,000.

            (c) Dividing the sequestration
                To eliminate the excess deficit in a budget year, half 
            of the required outlay reductions shall be obtained from 
            non-exempt defense accounts (accounts designated as function 
            050 in the President's fiscal year 1991 budget submission) 
            and half from non-exempt, non-defense accounts (all other 
            non-exempt accounts).
            (d) Defense
                Each non-exempt defense account shall be reduced by a 
            dollar amount calculated by multiplying the level of 
            sequestrable budgetary resources in that account at that 
            time by the uniform percentage necessary to carry out 
            subsection (c) of this section, except that, if any military 
            personnel are exempt, adjustments shall be made under the 
            procedure set forth in section 901(a)(3) of this title.
            (e) Non-defense
                Actions to reduce non-defense accounts shall be taken in 
            the following order:
                            (1) First

                                All reductions in automatic spending 
                            increases under section 906(a) of this title 
                            shall be made.

                            (2) Second

                                If additional reductions in non-defense 
                            accounts are required to be made, the 
                            maximum reduction permissible under sections 
                            906(b) (guaranteed student loans) and 906(c) 
                            (foster care and adoption assistance) of 
                            this title shall be made.

                            (3) Third

                                (A) If additional reductions in non-
                            defense accounts are required to be made, 
                            each remaining non-exempt, non-defense 
                            account shall be reduced by the uniform 
                            percentage necessary to make the reductions 
                            in non-defense outlays required by 
                            subsection (c) of this section, except 
                            that--

                                        (i) the medicare program 
                                    specified in section 906(d) of this 
                                    title shall not be reduced by more 
                                    than 2 percent in total including 
                                    any reduction of less than 2 percent 
                                    made under section 902 of this title 
                                    or, if it has been reduced by 2 
                                    percent or more under section 902 of 
                                    this title, it may not be further 
                                    reduced under this section; and

                                        (ii) the health programs set 
                                    forth in section 906(e) of this 
                                    title shall not be reduced by more 
                                    than 2 percent in total (including 
                                    any reduction made under section 901 
                                    of this title),

            and the uniform percent applicable to all other programs 
            under this subsection shall be increased (if necessary) to a 
            level sufficient to achieve the required reduction in non-
            defense outlays.

                                (B) For purposes of determining 
                            reductions under subparagraph (A), outlay 
                            reduction (as a result of sequestration of 
                            Commodity Credit Corporation commodity price 
                            support contracts in the fiscal year of a 
                            sequestration) that would occur in the

[[Page 499]]

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

            (f) Baseline assumptions; part-year appropriations
                (1) Budget assumptions
                            For purposes of subsections (b), (c), (d), 
                        and (e) of this section, accounts shall be 
                        assumed to be at the level in the baseline minus 
                        any reductions required to be made under 
                        sections 901 and 902 of this title.
                (2) Part-year appropriations
                            If, on the date specified in subsection (a) 
                        of this section, there is in effect an Act 
                        making or continuing appropriations for part of 
                        a fiscal year for any non-exempt budget account, 
                        then the dollar sequestration calculated for 
                        that account under subsection (d) or (e) of this 
                        section, as applicable, shall be subtracted 
                        from--

                                (A) the annualized amount otherwise 
                            available by law in that account under that 
                            or a subsequent part-year appropriation; and

                                (B) when a full-year appropriation for 
                            that account is enacted, from the amount 
                            otherwise provided by the full-year 
                            appropriation; except that the amount to be 
                            sequestered from that account shall be 
                            reduced (but not below zero) by the savings 
                            achieved by that appropriation when the 
                            enacted amount is less than the baseline for 
                            that account.

            (g) Adjustments to maximum deficit amounts
                (1) Adjustments
                            (A) When the President submits the budget 
                        for fiscal year 1992, the maximum deficit 
                        amounts for fiscal years 1992, 1993, 1994, and 
                        1995 shall be adjusted to reflect up-to-date 
                        reestimates of economic and technical 
                        assumptions and any changes in concepts or 
                        definitions. When the President submits the 
                        budget for fiscal year 1993, the maximum deficit 
                        amounts for fiscal years 1993, 1994, and 1995 
                        shall be further adjusted to reflect up-to-date 
                        reestimates of economic and technical 
                        assumptions and any changes in concepts or 
                        definitions.
                            (B) When submitting the budget for fiscal 
                        year 1994, the President may choose to adjust 
                        the maximum deficit amounts for fiscal years 
                        1994 and 1995 to reflect up-to-date reestimates 
                        of economic and technical assumptions. If the 
                        President chooses to adjust the maximum deficit 
                        amount when submitting the fiscal year 1994 
                        budget, the President may choose to invoke the 
                        same adjustment procedure when submitting the 
                        budget for fiscal year 1995. In each case, the 
                        President must choose between making no 
                        adjustment or the full adjustment described in 
                        paragraph (2). If the President chooses to make 
                        that full adjustment, then those procedures for 
                        adjusting discretionary spending limits 
                        described in sections 901(b)(1)(C) and 
                        901(b)(2)(E) of this title, otherwise applicable 
                        through fiscal year 1993 or 1994 (as the case 
                        may be), shall be deemed to apply for fiscal 
                        year 1994 (and 1995 if applicable).
                            (C) When the budget for fiscal year 1994 or 
                        1995 is submitted and the sequestration reports 
                        for those years under section 904 of this title 
                        are made (as applicable), if the President does 
                        not choose to make the adjustments set forth in 
                        subparagraph (B), the

[[Page 500]]

                        maximum deficit amount for that fiscal year 
                        shall be adjusted by the amount of the 
                        adjustment to discretionary spending limits 
                        first applicable for that year (if any) under 
                        section 901(b) of this title.
                            (D) For each fiscal year the adjustments 
                        required to be made with the submission of the 
                        Presidents budget for that year shall also be 
                        made when OMB submits the sequestration update 
                        report and the final sequestration report for 
                        that year, but OMB shall continue to use the 
                        economic and technical assumptions in the 
                        President's budget for that year.

            Each adjustment shall be made by increasing or decreasing 
            the maximum deficit amounts set forth in section 665 of this 
            title.

                (2) Calculations of adjustments
                            The required increase or decrease shall be 
                        calculated as follows:

                                (A) The baseline deficit or surplus 
                            shall be calculated using up-to-date 
                            economic and technical assumptions, using 
                            up-to-date concepts and definitions, and, in 
                            lieu of the baseline levels of discretionary 
                            appropriations, using the discretionary 
                            spending limits set forth in section 665 of 
                            this title as adjusted under section 901 of 
                            this title.

                                (B) The net deficit increase or decrease 
                            caused by all direct spending and receipts 
                            legislation enacted after the date of 
                            enactment of this section (after adjusting 
                            for any sequestration of direct spending 
                            accounts) shall be calculated for each 
                            fiscal year by adding--

                                        (i) the estimates of direct 
                                    spending and receipts legislation 
                                    transmitted under section 902(d) of 
                                    this title applicable to each such 
                                    fiscal year; and

                                        (ii) the estimated amount of 
                                    savings in direct spending programs 
                                    applicable to each such fiscal year 
                                    resulting from the prior year' 
                                    sequestration under this section or 
                                    section 902 of this title of direct 
                                    spending, if any, as contained in 
                                    OMB's final sequestration report for 
                                    that year.

                                (C) The amount calculated under 
                            subparagraph (B) shall be subtracted from 
                            the amount calculated under subparagraph 
                            (A).

                                (D) The maximum deficit amount set forth 
                            in section 665 of this title shall be 
                            subtracted from the amount calculated under 
                            subparagraph (C).

                                (E) The amount calculated under 
                            subparagraph (D) shall be the amount of the 
                            adjustment required by paragraph (1).

            (h) Treatment of deposit insurance
                (1) Initial estimates
                            The initial estimates of the net costs of 
                        federal deposit insurance for fiscal year 1994 
                        and fiscal year 1995 (assuming full funding of, 
                        and continuation of, the deposit insurance 
                        guarantee commitment in effect on the date of 
                        the submission of the budget for fiscal year 
                        1993) shall be set forth in that budget.
                (2) Reestimates
                            For fiscal year 1994 and fiscal year 1995, 
                        the amount of the reestimate of deposit 
                        insurance costs shall be calculated by 
                        subtracting the amount set forth under paragraph 
                        (1) for that year from the current estimate of 
                        deposit insurance costs (but assuming full 
                        funding of, and continuation of, the deposit 
                        insurance guarantee commitment in effect on the 
                        date of submission of the budget for

[[Page 501]]

                        fiscal year 1993). (Pub. L. 99-177, Title II, 
                        Sec. 253, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 
                        100-119, Title I, Sec. 103, Sept. 29, 1987, 101 
                        Stat. 775; Pub. L. 101-508, Title XIII, 
                        Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-
                        583.)
    399.44
    399.44  Sec. 904. Reports and orders.
            (a) Timetable
                The timetable with respect to this subchapter for any 
            budget year is as follows:

------------------------------------------------------------------------
                 Date                        Action to be completed
------------------------------------------------------------------------
January 21...........................  Notification regarding optional
                                        adjustment of maximum deficit
                                        amount.
5 days before the President's budget   CBO sequestration preview report.
 submission.
The President's budget submission....  OMB sequestration preview report.
August 10............................   Notification regarding military
                                        personnel.
August 15............................   CBO sequestration update report.
August 20............................  OMB sequestration update report.
10 days after end of session.........  CBO final sequestration report.
15 days after end of session.........  OMB final sequestration report;
                                        Presidential order.
------------------------------------------------------------------------

            (b) Submission and availability of reports
                Each report required by this section shall be submitted, 
            in the case of CBO, to the House of Representatives, the 
            Senate and OMB and, in the case of OMB, to the House of 
            Representatives, the Senate, and the President on the day it 
            is issued. On the following day a notice of the report shall 
            be printed in the Federal Register.
            (c) Sequestration preview reports
                (1) Reporting requirement
                            On the dates specified in subsection (a) of 
                        this section, OMB and CBO shall issue a preview 
                        report regarding discretionary, pay-as-you-go, 
                        and deficit sequestration based on laws enacted 
                        through those dates.
                (2) Discretionary sequestration report
                            The preview reports shall set forth 
                        estimates for the current year and each 
                        subsequent year through 2002 of the applicable 
                        discretionary spending limits for each category 
                        and an explanation of any adjustments in such 
                        limits under section 901 of this title.
                (3) Pay-as-you-go sequestration reports
                            The preview reports shall set forth, for the 
                        current year and the budget year, estimates for 
                        each of the following:

                                (A) The amount of net deficit increase 
                            or decrease, if any, calculated under 
                            subsection 902(b) of this title.

                                (B) A list identifying each law enacted 
                            and sequestration implemented after November 
                            5, 1990 included in the calculation of the 
                            amount of deficit increase or decrease and 
                            specifying the budgetary effect of each such 
                            law.

                                (C) The sequestration percentage or (if 
                            the required sequestration percentage is 
                            greater than the maximum allowable 
                            percentage for medicare) percentages 
                            necessary to eliminate a deficit increase 
                            under section 902(c) of this title.

                (4) Deficit sequestration reports

[[Page 502]]

                            The preview reports shall set forth for the 
                        budget year estimates for each of the following:

                                (A) The maximum deficit amount, the 
                            estimated deficit calculated under section 
                            903(b) of this title, and excess deficit, 
                            and the margin.

                                (B) The amount of reductions required 
                            under section 902 of this title, the excess 
                            deficit remaining after those reductions 
                            have been made, and the amount of reductions 
                            required from defense accounts and the 
                            reductions required from non-defense 
                            accounts.

                                (C) The sequestration percentage 
                            necessary to achieve the required reduction 
                            in defense accounts under section 903(d) of 
                            this title.

                                (D) The reductions required under 
                            sections 903(e)(1) and 903(e)(2) of this 
                            title.

                                (E) The sequestration percentage 
                            necessary to achieve the required reduction 
                            in non-defense accounts under section 
                            903(e)(3) of this title.

                            The CBO report need not set forth the items 
                        other than the maximum deficit amount for fiscal 
                        year 1992, 1993, or any fiscal year for which 
                        the President notifies the House of 
                        Representatives and the Senate that he will 
                        adjust the maximum deficit amount under the 
                        option under section 903(g)(1)(B) of this title.
                (5) Explanation of differences
                            The OMB reports shall explain the 
                        differences between OMB and CBO estimates for 
                        each item set forth in this subsection.
            (d) Notification regarding military personnel
                On or before the date specified in subsection (a) of 
            this section, the President shall notify the Congress of the 
            manner in which he intends to exercise flexibility with 
            respect to military personnel accounts under section 905(f) 
            of this title.
            (e) Sequestration update reports
                On the dates specified in subsection (a) of this 
            section, OMB and CBO shall issue a sequestration updated 
            report, reflecting laws enacted through those dates, 
            containing all of the information required in the 
            sequestration preview reports.
            (f) Final sequestration reports
                (1) Reporting requirement
                            On the dates specified in subsection (a) of 
                        this section, OMB and CBO shall issue a final 
                        sequestration report, updated to reflect laws 
                        enacted through those dates.
                (2) Discretionary sequestration reports
                            The final reports shall set forth estimates 
                        for each of the following:

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

                                (B) For the current year and the budget 
                            year the estimated new budget authority and 
                            outlays for each category and the breach, if 
                            any, in each category.

[[Page 503]]

                                (C) For each category for which a 
                            sequestration is required, the sequestration 
                            percentages necessary to achieve the 
                            required reduction.

                                (D) For the budget year, for each 
                            account to be sequestered, estimates of the 
                            baseline level of sequestrable budgetary 
                            resources and resulting outlays and the 
                            amount of budgetary resources to be 
                            sequestered and resulting outlay reductions.

                (3) Pay-as-you-go and deficit sequestration reports
                            The final reports shall contain all the 
                        information required in the pay-as-you-go and 
                        deficit sequestration preview reports. In 
                        addition, these reports shall contain, for the 
                        budget year, for each account to be sequestered, 
                        estimates of the baseline level of sequestrable 
                        budgetary resources and resulting outlays and 
                        the amount of budgetary resources to be 
                        sequestered and resulting outlay reductions. The 
                        reports shall also contain estimates of the 
                        effects on outlays of the sequestration in each 
                        outyear for direct spending programs.
                (4) Explanation of differences
                            The OMB report shall explain any differences 
                        between OMB and CBO estimates of the amount of 
                        any net deficit change calculated under 
                        subsection 902(b) of this title, any excess 
                        deficit, any breach, and any required 
                        sequestration percentage. The OMB report shall 
                        also explain differences in the amount of 
                        sequestrable resources for any budget account to 
                        be reduced if such difference is greater than 
                        $5,000,000.
                (5) Presidential order
                            On the date specified in subsection (a) of 
                        this section, if in its final sequestration 
                        report OMB estimates that any sequestration is 
                        required, the President shall issue an order 
                        fully implementing without change all 
                        sequestrations required by the OMB calculations 
                        set forth in that report. This order shall be 
                        effective on issuance.
            (g) Within-session sequestration reports and order
                If an appropriation for a fiscal year in progress is 
            enacted (after Congress adjourns to end the session for that 
            budget year and before July 1 of that fiscal year) that 
            causes a breach, 10 days later CBO shall issue a report 
            containing the information required in paragraph \1\ (f)(2). 
            Fifteen days after enactment, OMB shall issue a report 
            containing the information required in paragraphs \1\ (f)(2) 
            and (f)(4). On the same day as the OMB report, the President 
            shall issue an order fully implementing without change all 
            sequestrations required by the OMB calculations set forth in 
            that report. This order shall be effective on issuance.
                \1\ So in original. Probably means ``subsection''.
            (h) GAO compliance report
                Upon request of the Committee on the Budget of the House 
            of Representatives or the Senate, the Comptroller General 
            shall submit to the Congress and the President a report on--
                            (1) the extent to which each order issued by 
                        the President under this section complies with 
                        all of the requirements contained in this 
                        subchapter, either certifying that the order 
                        fully and accurately complies with such 
                        requirements or indicating the respects in which 
                        it does not; and

[[Page 504]]

                            (2) the extent to which each report issued 
                        by OMB or CBO under this section complies with 
                        all of the requirements contained in this 
                        subchapter, either certifying that the report 
                        fully and accurately complies with such 
                        requirements or indicating the respect in which 
                        it does not.
            (i) Low-growth report
                At any time, CBO shall notify the Congress if--
                            (1) during the period consisting of the 
                        quarter during which such notification is given, 
                        the quarter preceding such notification, and the 
                        4 quarters following such notification, CBO or 
                        OMB has determined that real economic growth is 
                        projected or estimated to be less than zero with 
                        respect to each of any 2 consecutive quarters 
                        within such period; or
                            (2) the most recent of the Department of 
                        Commerce's advance preliminary or final reports 
                        of actual real economic growth indicate that the 
                        rate of real economic growth for each of the 
                        most recently reported quarter and the 
                        immediately preceding quarter is less than one 
                        percent.
            (j) Economic and technical assumptions
                In all reports required by this section, OMB shall use 
            the same economic and technical assumptions as used in the 
            most recent budget submitted by the President under section 
            1105(a) of title 31. (Pub. L. 99-177, Title II, Sec. 254, 
            Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100-119, Title I, 
            Secs. 102(b)(1), 106(e)(2), Sept. 29, 1987, 101 Stat. 773, 
            781; Pub. L. 101-508, Title XIII, Sec. 13101(a), Nov. 5, 
            1990, 104 Stat. 1388-586; Pub. L. 103-66, Title XIV, 
            Secs. 14002(c)(2), 14003(b), Aug. 10, 1993, 107 Stat. 684, 
            685; Pub. L. 103-322, Title XXXI, Sec. 310001(g)(2), Sept. 
            14, 1994, 108 Stat. 2105; Pub. L. 104-316, Title I, 
            Sec. 102(d), Oct. 19, 1996, 110 Stat. 3828; Pub. L. 105-33, 
            Title X, Sec. 10206, Aug. 5, 1997, 111 Stat. 704.)
    399.45
    399.45  Sec. 905. Exempt programs and activities.
            (a) Social security benefits and tier I railroad retirement 
                benefits
                Benefits payable under the old-age, survivors, and 
            disability insurance program established under Title II of 
            the Social Security Act [42 U.S.C. 401 et seq.], and 
            benefits payable under section 231b(a), 231b(f)(3), 231c(a), 
            or 231c(f) of title 45, shall be exempt from reduction under 
            any order issued under this subchapter.
            (b) Veterans programs
                The following programs shall be exempt from reduction 
            under any order issued under this subchapter:
                            National Service Life Insurance Fund (36-
                        8132-0-7-701);
                            Service-Disabled Veterans Insurance Fund 
                        (36-4012-0-3-701);
                            Veterans Special Life Insurance Fund (36-
                        8455-0-8-701);
                            Veterans Reopened Insurance Fund (36-4010-0-
                        3-701);
                            United States Government Life Insurance Fund 
                        (36-8150-0-7-701);
                            Veterans Insurance and Indemnities (36-0120-
                        0-1-701);
                            Special Therapeutic and Rehabilitation 
                        Activities (36-4048-0-3-703);
                            Canteen Service Revolving Fund (36-4014-0-3-
                        705);

[[Page 505]]

                            Benefits under chapter 21 of title 38 
                        relating to specially adapted housing and 
                        mortgage-protection life insurance for certain 
                        veterans with service-connected disabilities 
                        (36-0120-0-1-701);
                            Benefits under section 2307 of title 38 
                        relating to burial benefits for veterans who die 
                        as a result of service-connected disability (36-
                        0155-0-1-701);
                            Benefits under chapter 39 of title 38 
                        relating to automobiles and adaptive equipment 
                        for certain disabled veterans and members of the 
                        Armed Forces (36-0137-0-1-702);
                            Compensation (36-0153-0-1-701); and
                            Pensions (36-0154-0-1-701);
                            Benefits under chapter 35 of title 38, 
                        United States Code, related to educational 
                        assistance for survivors and dependents of 
                        certain veterans with service-connected 
                        disabilities (36-0137-0-1-702);
                            Assistance and services under chapter 31 of 
                        title 38, United States Code, relating to 
                        training and rehabilitation for certain veterans 
                        with service-connected disabilities (36-0137-0-
                        1-702);
                            Benefits under subchapters I, II, and III of 
                        chapter 37 of title 38, United States Code, 
                        relating to housing loans for certain veterans 
                        and for the spouses and surviving spouses of 
                        certain veterans Guaranty and Indemnity Program 
                        Account (36-1119-0-1-704);
                            Loan Guaranty Program Account (36-1025-0-1-
                        704); and
                            Direct Loan Program Account (36-1024-0-1-
                        704).
            (c) Net interest
                No reduction of payments for net interest (all of major 
            functional category 900) shall be made under any order 
            issued under this subchapter.
            (d) Earned Income tax credit
                Payments to individuals made pursuant to section 32 of 
            title 26 shall be exempt from reduction under any order 
            issued under this subchapter.
            (e) Non-defense unobligated balances
                Unobligated balances of budget authority carried over 
            from prior fiscal years, except balances in the defense 
            category, shall be exempt from reduction under any order 
            issued under this subchapter.
            (f) Optional exemption of military personnel
                (1) In general
                            The President may, with respect to any 
                        military personnel account, exempt that account 
                        from sequestration or provide for a lower 
                        uniform percentage reduction than would 
                        otherwise apply.
                (2) Limitation
                            The President may not use the authority 
                        provided by paragraph (1) unless the President 
                        notifies the Congress of the manner in which 
                        such authority will be exercised on or before 
                        the date specified in section 904(a) of this 
                        title for the budget year.
            (g) Other programs and activities
                (1)(A) the following budget accounts and activities 
            shall be exempt from reduction under any order issued under 
            this subchapter:
                            Activities resulting from private donations, 
                        bequests, or voluntary contributions to the 
                        Government;

[[Page 506]]

                            Activities financed by voluntary payments to 
                        the Government for goods or services to be 
                        provided for such payments;
                            Administration of Territories, Northern 
                        Mariana Islands Covenant grants (14-0412-0-1-
                        806);
                            Alaska Power Administration, Operations and 
                        maintenance (89-0304-0-1-271);
                            Appropriations for the District of Columbia 
                        (to the extent they are appropriations of 
                        locally raised funds);
                            Bonneville Power Administration fund and 
                        borrowing authority established pursuant to 
                        section 13 of Public Law 93-454 (1974), as 
                        amended [16 U.S.C. 838k] (89-4045-0-3-271);
                            Bureau of Indian Affairs, Indian land and 
                        water claims settlements and miscellaneous 
                        payments to Indians (14-2303-0-1-452);
                            Bureau of Indian Affairs Miscellaneous trust 
                        funds (14-9973-0-7-999);
                            Claims, judgments, and relief acts (20-1895-
                        0-1-808);
                            Compact of Free Association (14-0415-0-1-
                        808);
                            Compensation of the President (11-0001-0-1-
                        802);
                            Conservation Reserve Program (12-2319-0-1-
                        302);
                            Customs Service, miscellaneous permanent 
                        appropriations (20-9922-0-2-806);
                            Comptroller of the Currency, Assessment 
                        funds (20-8413-0-8-373);
                            Dual benefits payments account (60-0111-0-1-
                        601);
                            Exchange stabilization fund (20-4444-0-3-
                        155);
                            Farm Credit Administration, Limitation on 
                        Administrative Expenses (78-4131-0-3-351);
                            Farm Credit System Financial Assistance 
                        Corporation, interest payment (20-1850-0-1-908);
                            Farm Credit System Financial Assistance 
                        Corporation, interest payments (20-1850-0-1-
                        351);
                            Federal Deposit Insurance Corporation, Bank 
                        Insurance Fund (51-4064-0-3-373);
                            Federal Deposit Insurance Corporation, FSLIC 
                        Resolution Fund (51-4065-0-3-373);
                            Federal Deposit Insurance Corporation, 
                        Savings Association Insurance Fund (51-4066-0-3-
                        373);
                            Federal Housing Finance Board (95-4039-0-3-
                        371);
                            Federal payment to the railroad retirement 
                        accounts (60-0113-0-1-601);
                            Foreign military sales trust fund (11-8242-
                        0-7-155);
                            Health professions graduate student loan 
                        insurance fund program account (75-0340-0-1-
                        552);
                            Higher education facilities loans (91-0240-
                        01-502);
                            Internal Revenue Collections for Puerto Rico 
                        (20-5737-0-2-806);
                            Intragovernmental funds, including those 
                        from which the outlays are derived primarily 
                        from resources paid in from other government 
                        accounts, except to the extent such funds are 
                        augmented by direct appropriations for the 
                        fiscal year during which an order is in effect;
                            Panama Canal Commission, Panama Canal 
                        Revolving Fund (95-4061-0-3-403);
                            Medical facilities guarantee and loan fund, 
                        Federal interest subsidies for medical 
                        facilities (75-9931-0-3-550);

[[Page 507]]

                            National Credit Union Administration 
                        operating fund (25-4056-0-3-373);
                            National Credit Union Administration, 
                        Central liquidity facility (25-4470-0-3-373);
                            National Credit Union Administration, Credit 
                        union share insurance fund (25-4468-0-3-373);
                            Office of Thrift Supervision (20-4108-0-3-
                        373);
                            Payment of Vietnam and USS Pueblo prisoner-
                        of-war claims (15-0104-0-1-153);
                            Payment to civil service retirement and 
                        disability fund (24-0200-0-1-805);
                            Payment to Judiciary Trust Funds (10-0941-0-
                        1-752);
                            Payments to copyright owners (03-5175-0-2-
                        376);
                            Payments to health care trust funds (75-
                        0580-1-571);
                            Payments to military retirement fund (97-
                        0040-0-1-054);
                            Payments to social security trust funds (75-
                        0404-0-1-651);
                            Payments to the foreign service retirement 
                        and disability fund (11-1036-0-1-153 and 19-
                        0540-0-1-153);
                            Payments to trust funds from excise taxes or 
                        other receipts properly creditable to such trust 
                        funds;
                            Payments to the United States territories, 
                        fiscal assistance (14-0418-0-1-806);
                            Payments to widows and heirs of deceased 
                        Members of Congress (00-0215-0-1-801);
                            Postal service fund (18-4020-0-3-372);
                            Resolution Trust Corporation Revolving Fund 
                        (22-4055-0-3-373);
                            Salaries of Article III judges;
                            Soldiers and Airmen's Home, payment of 
                        claims (84-8930-0-7-705);
                            Southeastern Power Administration, 
                        Operations and maintenance (89-0302-0-1-271);
                            Southwestern Power Administration, 
                        Operations and maintenance (89-0303-0-1-271);
                            Tennessee Valley Authority Fund, except non-
                        power programs and activities (64-4110-0-3-999);
                            Thrift Savings Fund;
                            United States Enrichment Corporation (95-
                        4054-0-3-271);
                            Vaccine Injury Compensation (75-0320-0-1-
                        551);
                            Vaccine Injury Compensation Program Trust 
                        Fund (20-8175-0-7-551);
                            United States Enrichment Corporation;
                            Washington Metropolitan Area Transit 
                        Authority, interest payments (46-0300-0-1-401);
                            Western Area Power Administration, 
                        Construction, rehabilitation, operations, and 
                        maintenance (89-5068-0-2-271); and
                            Western Area Power Administration, Colorado 
                        River basins power marketing fund (89-4452-0-3-
                        271).
                (B) The following Federal retirement and disability 
            accounts and activities shall be exempt from reduction under 
            any order issued under this subchapter:
                            Black Lung Disability Trust Fund (20-8144-0-
                        7-601);
                            Central Intelligence Agency retirement and 
                        disability system fund (56-3400-0-1-054);

[[Page 508]]

                            Civil service retirement and disability fund 
                        (24-8135-0-7-602);
                            Comptrollers general retirement system (05-
                        0107-0-1-801);
                            Foreign service retirement and disability 
                        fund (19-8186-0-7-602);
                            Judicial survivors' annuities fund (10-8110-
                        0-7-602);
                            Judicial Officers' Retirement Fund (10-8122-
                        0-7-602);
                            Claims Judges' Retirement Fund (10-8124-0-7-
                        602);
                            Special workers compensation expenses, 
                        Longshoremen's and harborworkers' compensation 
                        benefits (16-9971-0-7-601);
                            Military retirement fund (97-8097-0-7-602);
                            National Oceanic and Atmospheric 
                        Administration retirement (13-1450-0-1-306);
                            Pensions for former Presidents (47-0105-0-1-
                        802);
                            Railroad Industry Pension Fund (60-8011-0-7-
                        601);
                            Railroad supplemental annuity pension fund 
                        (60-8012-0-7-602);
                            Retired pay, Coast Guard (69-0241-0-1-403);
                            Retirement pay and medical benefits for 
                        commissioned officers, Public Health Service 
                        (74-0379-0-1-551);
                            Special benefits, Federal Employees' 
                        Compensation Act (16-1521-0-1-600);
                            Special benefits for disabled coal miners 
                        (75-0409-0-1-601); and
                            Tax Court judges survivors annuity fund (23-
                        8115-0-7-602);
                (2) Prior legal obligations of the Government in the 
            following budget accounts and activities shall be exempt 
            from any order issued under this subchapter:
                            Biomass energy development (20-0114-0-1-
                        271);
                            United States Treasury check forgery 
                        insurance fund (20-4109-0-3-803);
                            Credit liquidating accounts;
                            Employees life insurance fund (24-8424-0-8-
                        602);
                            Energy security reserve (Synthetic Fuels 
                        Corporation) (20-0112-0-1-271);
                            Federal Aviation Administration, Aviation 
                        insurance revolving fund (69-4120-0-3-402);
                            Federal Crop Insurance Corporation fund (12-
                        4085-0-3-351);
                            Federal Emergency Management Agency, 
                        National flood insurance fund (58-4236-0-3-453);
                            Federal Emergency Management Agency, 
                        National insurance development fund (58-4235-0-
                        3-451);
                            Geothermal resources development fund (89-
                        0206-0-1-271);
                            Homeowners assistance fund, Defense (97-
                        4090-0-3-051);
                            International Trade Administration, 
                        Operations and administration (13-1250-0-1-376);
                            Low-rent public housing, Loans and other 
                        expenses (86-4098-0-3-604);
                            Maritime Administration, War-risk insurance 
                        revolving fund (69-4302-0-3-403);
                            Overseas Private Investment Corporation (71-
                        4030-0-3-151);
                            Pension Benefit Guaranty Corporation fund 
                        (16-4204-0-3-601);
                            Rail service assistance (69-0122-0-1-401);
                            Department of Veterans Affairs, Servicemen's 
                        group life insurance fund (36-4009-0-3-701).

[[Page 509]]

            (h) Low-income programs
                The following programs shall be exempt from reduction 
            under any order issued under this subchapter:
                            Block grants to States for temporary 
                        assistance for needy families;
                            Child nutrition programs (with the exception 
                        of special milk programs) (12-3539-0-1-605);
                            Temporary assistance for needy families (75-
                        1552-0-1-609);
                            Contingency fund (75-1522-0-1-609);
                            Child care entitlement to States (75-1550-0-
                        1-609);
                            Commodity supplemental food program (12-
                        3512-0-1-605);
                            Food stamp programs (12-3505-0-1-605 and 12-
                        3550-0-1-605);
                            Grants to States for Medicaid (75-0512-0-1-
                        551);
                            Supplemental Security Income Program (75-
                        0406-0-1-609); and
                            Special supplemental nutrition program for 
                        women, infants, and children (WIC) (12-3510-0-1-
                        605);
                            Family support payments to States (75-1501-
                        0-1-609).
            (i) Identification of programs
                For purposes of subsections (b), (g), and (h) of this 
            section, each account is identified by the designated budget 
            account identification code number set forth in the Budget 
            of the United States Government 1998--Appendix, and an 
            activity within an account is designated by the name of the 
            activity and the identification code number of the account. 
            (Pub. L. 99-177, Title II, Sec. 255, Dec. 12, 1985, 99 Stat. 
            1082; Pub. L. 99-509, Title VII, Sec. 7002(a), Oct. 21, 
            1986, 100 Stat. 1949; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 
            100 Stat. 2095; Pub. L. 100-86, Title V, Sec. 506(a), Aug. 
            10, 1987, 101 Stat. 634; Pub. L. 100-119, Title I, 
            Sec. 104(a)(1), (2), (b), (c)(1), Sept. 29, 1987, 101 Stat. 
            775-777; Pub. L. 101-73, Title VII, Sec. 743(a), (c), Aug. 
            9, 1989, 103 Stat. 437; Pub. L. 101-220, Sec. 8, Dec. 12, 
            1989, 103 Stat. 1881; Pub. L. 101-508, Title XIII, 
            Sec. 13101(c), Nov. 5, 1990, 104 Stat. 1388-589; Pub. L. 
            102-54, Sec. 13(a), June 13, 1991, 105 Stat. 274; Pub. L. 
            102-486, Title IX, Sec. 902(d), Oct. 24, 1992, 106 Stat. 
            2944; Pub. L. 102-572, Title VI, Sec. 601, Oct. 29, 1992, 
            106 Stat. 4514; Pub. L. 104-193, Title I, Sec. 110(r)(1), 
            Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104-208, div. A, 
            Title II, Sec. 2704(d)(10), Sept. 30, 1996, 110 Stat. 3009-
            489; Pub. L. 105-33, Title X, Sec. 10207, Aug. 5, 1997, 111 
            Stat. 704).
    399.46
    399.46  Sec. 906. General and special sequestration rules.
            (a) Automatic spending increases
                Automatic spending increases are increases in outlays 
            due to changes in indexes in the following programs:
                            (1) Special milk program; and
                            (2) Vocational rehabilitation basic State 
                        grants.

            In those programs all amounts other than the automatic 
            spending increases shall be exempt from reduction under any 
            order issued under this subchapter.

            (b) Student loans
                For all student loans under part B or D of title IV of 
            the Higher Education Act of 1965 [20 U.S.C. 1071 et seq., 
            1087a et seq.] made during the period when a sequestration 
            order under section 904 of this title is in effect as 
            required by section 902 or 903 of this title, origination

[[Page 510]]

            fees under sections 438(c)(2) and 455(c) of that Act [20 
            U.S.C. 1087-1(c)(2) and 1087e(c)] shall each be increased by 
            0.50 percentage point.
            (c) Treatment of foster care and adoption assistance 
                programs
                Any order issued by the President under section 904 of 
            this title shall make the reduction which is otherwise 
            required under the foster care and adoption assistance 
            programs (established by part E of title IV of the Social 
            Security Act [42 U.S.C. 670 et seq.]) only with respect to 
            payments and expenditures made by States in which increases 
            in foster care maintenance payment rates or adoption 
            assistance payment rates (or both) are to take effect during 
            the fiscal year involved, and only to the extent that the 
            required reduction can be accomplished by applying a uniform 
            percentage reduction to the Federal matching payments that 
            each such State would otherwise receive under section 474 of 
            that Act [42 U.S.C. 674] (for such fiscal year) for that 
            portion of the State's payments which is attributable to the 
            increases taking effect during that year. No State's 
            matching payments from the Federal Government for foster 
            care maintenance payments or for adoption assistance 
            maintenance payments may be reduced by a percentage 
            exceeding the applicable domestic sequestration percentage. 
            No State may, after December 12, 1985, make any change in 
            the timetable for making payments under a State plan 
            approved under part E of title IV of the Social Security Act 
            which has the effect of changing the fiscal year in which 
            expenditures under such part are made.
            (d) Special rules for Medicare program
                (1) Calculation of reduction in individual payment 
            amounts
                            To achieve the total percentage reduction in 
                        those programs required by sections 902 and 903 
                        of this title, and notwithstanding section 710 
                        of the Social Security Act [42 U.S.C. 911], OMB 
                        shall determine, and the applicable Presidential 
                        order under section 904 of this title shall 
                        implement, the percentage reduction that shall 
                        apply to payments under the health insurance 
                        programs under title XVIII of the Social 
                        Security Act [42 U.S.C. 1395 et seq.] for 
                        services furnished after the order is issued, 
                        such that the reduction made in payments under 
                        that order shall achieve the required total 
                        percentage reduction in those payments for that 
                        fiscal year as determined on a 12-month basis.
                (2) Timing of application of reductions
                            (A) In general

                                Except as provided in subparagraph (B), 
                            if a reduction is made under paragraph (1) 
                            in payment amounts pursuant to a 
                            sequestration order, the reduction shall be 
                            applied to payment for services furnished 
                            during the effective period of the order. 
                            For purposes of the previous sentence, in 
                            the case of inpatient services furnished for 
                            an individual, the services shall be 
                            considered to be furnished on the date of 
                            the individual's discharge from the 
                            inpatient facility.

                            (B) Payment on the basis of cost reporting 
                        periods

                                In the case in which payment for 
                            services of a provider of services is made 
                            under title XVIII of the Social Security Act 
                            [42 U.S.C. 1395 et seq.] on a basis relating 
                            to the reasonable cost incurred for the 
                            services during a cost reporting period of 
                            the provider, if a reduction is made under 
                            paragraph (1)

[[Page 511]]

                            in payment amounts pursuant to a 
                            sequestration order, the reduction shall be 
                            applied to payment for costs for such 
                            services incurred at any time during each 
                            cost reporting period of the provider any 
                            part of which occurs during the effective 
                            period of the order, but only (for each such 
                            cost reporting period) in the same 
                            proportion as the fraction of the cost 
                            reporting period that occurs during the 
                            effective period of the order.

                (3) No increase in beneficiary charges in assignment-
            related cases
                            If a reduction in payment amounts is made 
                        under paragraph (1) for services for which 
                        payment under part B of title XVIII of the 
                        Social Security Act [42 U.S.C. 1395j et seq.] is 
                        made on the basis of an assignment described in 
                        section 1842(b)(3)(B)(ii) [42 U.S.C. 
                        1395u(b)(3)(B)(ii)], in accordance with section 
                        1842(b)(6)(B) [42 U.S.C. 1395u(b)(6)(B)], or 
                        under the procedure described in section 
                        1870(f)(1) [42 U.S.C. 1395gg(f)(1)], of such 
                        Act, the person furnishing the services shall be 
                        considered to have accepted payment of the 
                        reasonable charge for the services, less any 
                        reduction in payment amount made pursuant to a 
                        sequestration order, as payment in full.
                (4) No effect on computation of AAPCC
                            In computing the adjusted average per capita 
                        cost for purposes of section 1876(a)(4) of the 
                        Social Security Act [42 U.S.C. 1395mm(a)(4)], 
                        the Secretary of Health and Human Services shall 
                        not take into account any reductions in payment 
                        amounts which have been or may be affected under 
                        this subchapter.
            (e) Community and migrant health centers, Indian health 
                services and facilities, and veterans' medical care
                (1) The maximum permissible reduction in budget 
            authority for any account listed in paragraph (2) for any 
            fiscal year, pursuant to an order issued under section 904 
            of this title, shall be 2 percent.
                (2) The accounts referred to in paragraph (1) are as 
            follows:
                            (A) Community health centers (75-0350-0-1-
                        550).
                            (B) Migrant health centers (75-0350-0-1-
                        550).
                            (C) Indian health facilities (75-0391-0-1-
                        551).
                            (D) Indian health services (75-0390-0-1-
                        551).
                            (E) Veterans' medical care (36-0160-0-1-
                        703).

            For purposes of the preceding provisions of this paragraph, 
            programs are identified by the designated budget account 
            identification code numbers set forth in the Budget of the 
            United States Government--Appendix.

            (f) Treatment of child support enforcement program
                Notwithstanding any change in the display of budget 
            accounts, any order issued by the President under section 
            904 of this title shall accomplish the full amount of any 
            required reduction in expenditures under sections 455 and 
            458 of the Social Security Act (42 U.S.C. 655, 658) by 
            reducing the Federal matching rate for State administrative 
            costs under such program, as specified (for the fiscal year 
            involved) in section 455(a) of such Act, to the extent 
            necessary to reduce such expenditures by that amount.
            (g) Federal pay
                (1) In general

[[Page 512]]

                            For purposes of any order issued under 
                        section 904 of this title--

                                (A) Federal pay under a statutory pay 
                            system, and

                                (B) elements of military pay,

            shall be subject to reduction under an order in the same 
            manner as other administrative expense components of the 
            Federal budget; except that no such order may reduce or have 
            the effect of reducing the rate of pay to which any 
            individual is entitled under any such statutory pay system 
            (as increased by any amount payable under section 5304 of 
            title 5 or section 302 of the Federal Employees Pay 
            Comparability Act of 1990) or the rate of any element of 
            military pay to which any individual is entitled under title 
            37, or any increase in rates of pay which is scheduled to 
            take effect under section 5303 of title 5, section 1009 of 
            title 37, or any other provision of law.

                (2) Definitions
                            For purposes of this subsection:

                                (A) The term ``statutory pay system'' 
                            shall have the meaning given that term in 
                            section 5302(1) of title 5.

                                (B) The term ``elements of military 
                            pay'' means--

                                        (i) the elements of compensation 
                                    of members of the uniformed services 
                                    specified in section 1009 of title 
                                    37,

                                        (ii) allowances provided members 
                                    of the uniformed services under 
                                    sections 403a and 405 of such title, 
                                    and

                                        (iii) cadet pay and midshipman 
                                    pay under section 203(c) of such 
                                    title.

                                (C) The term ``uniformed services'' 
                            shall have the meaning given that term in 
                            section 101(3) of title 37.

            (h) Treatment of Federal administrative expenses
                (1) Notwithstanding any other provision of this title, 
            administrative expenses incurred by the departments and 
            agencies, including independent agencies, of the Federal 
            Government in connection with any program, project, 
            activity, or account shall be subject to reduction pursuant 
            to an order issued under section 904 of this title, without 
            regard to any exemption, exception, limitation, or special 
            rule which is otherwise applicable with respect to such 
            program, project, activity, or account under this 
            subchapter.
                (2) Notwithstanding any other provision of law, 
            administrative expenses of any program, project, activity, 
            or account which is self-supporting and does not receive 
            appropriations shall be subject to reduction under a 
            sequester order, unless specifically exempted in this part.
                (3) Payments made by the Federal Government to reimburse 
            or match administrative costs incurred by a State or 
            political subdivision under or in connection with any 
            program, project, activity, or account shall not be 
            considered administrative expenses of the Federal Government 
            for purposes of this section, and shall be subject to 
            reduction or sequestration under this subchapter to the 
            extent (and only to the extent) that other payments made by 
            the Federal Government under or in connection with that 
            program, project, activity, or account are subject to such 
            reduction or sequestration; except that Federal payments 
            made to a State as reimbursement of administrative costs 
            incurred by such State under or in connection with the 
            unemployment compensation programs specified in subsection 
            (h)(1) of this section shall be subject to reduction or 
            sequestration under this subchapter notwithstanding the 
            exemption otherwise granted to such programs under that 
            subsection.

[[Page 513]]

                (4) Notwithstanding any other provision of law, this 
            subsection shall not apply with respect to the following:
                            (A) Comptroller of the Currency.
                            (B) Federal Deposit Insurance Corporation.
                            (C) Office of Thrift Supervision.
                            (D) National Credit Union Administration.
                            (E) National Credit Union Administration, 
                        central liquidity facility.
                            (F) Federal Retirement Thrift Investment 
                        Board.
                            (G) Resolution Trust Corporation.
                            (H) Farm Credit Administration.
            (i) Treatment of payments and advances made with respect to 
                unemployment compensation programs
                (1) For purposes of section 904 of this title--
                            (A) any amount paid as regular unemployment 
                        compensation by a State from its account in the 
                        Unemployment Trust Fund (established by section 
                        904(a) of the Social Security Act [42 U.S.C. 
                        1104(a)]),
                            (B) any advance made to a State from the 
                        Federal unemployment account (established by 
                        section 904(g) of such Act [42 U.S.C. 1104(g)]) 
                        under Title XII of such Act [42 U.S.C. 1321 et 
                        seq.] and any advance appropriated to the 
                        Federal unemployment account pursuant to section 
                        1203 of such Act [42 U.S.C. 1323], and
                            (C) any payment made from the Federal 
                        Employees Compensation Account (as established 
                        under section 909 of such Act [42 U.S.C. 1109]) 
                        for the purpose of carrying out chapter 85 of 
                        title 5 and funds appropriated or transferred to 
                        or otherwise deposited in such Account,

            shall not be subject to reduction.

                (2)(A) A State may reduce each weekly benefit payment 
            made under the Federal-State Extended Unemployment 
            Compensation Act of 1970 for any week of unemployment 
            occurring during any period with respect to which payments 
            are reduced under an order issued under section 904 of this 
            title by a percentage not to exceed the percentage by which 
            the Federal payment to the State under section 204 of such 
            Act is to be reduced for such week as a result of such 
            order.
                (B) A reduction by a State in accordance with 
            subparagraph (A) shall not be considered as a failure to 
            fulfill the requirements of section 3304(a)(11) of title 26.
            (j) Commodity Credit Corporation
                (1) Powers and authorities of the Commodity Credit 
            Corporation
                            This title shall not restrict the Commodity 
                        Credit Corporation in the discharge of its 
                        authority and responsibility as a corporation to 
                        buy and sell commodities in world trade, to use 
                        the proceeds as a revolving fund to meet other 
                        obligations and otherwise operate as a 
                        corporation, the purpose of which it was 
                        created.
                (2) Reduction in payments made under contracts
                            (A) Loan eligibility under any contract 
                        entered into with a person by the Commodity 
                        Credit Corporation prior to the time an order 
                        has been issued under section 904 of this title 
                        shall not be reduced by an order subsequently 
                        issued. Subject to subparagraph (B), after an 
                        order is issued under such section for a fiscal 
                        year, any cash

[[Page 514]]

                        payments for loans or loan deficiencies made by 
                        the Commodity Credit Corporation shall be 
                        subject to reduction under the order.
                            (B) Each loan contract entered into with 
                        producers or producer cooperatives with respect 
                        to a particular crop of a commodity and subject 
                        to reduction under subparagraph (A) shall be 
                        reduced in accordance with the same terms and 
                        conditions. If some, but not all, contracts 
                        applicable to a crop of a commodity have been 
                        entered into prior to the issuance of an order 
                        under section 904 of this title, the order shall 
                        provide that the necessary reduction in payments 
                        under contracts applicable to the commodity be 
                        uniformly applied to all contracts for the next 
                        succeeding crop of the commodity, under the 
                        authority provided in paragraph (3).
                (3) Delayed reduction in outlays permissible
                            Notwithstanding any other provision of this 
                        title, if an order under section 904 of this 
                        title is issued with respect to a fiscal year, 
                        any reduction under the order applicable to 
                        contracts described in paragraph (1) may provide 
                        for reductions in outlays for the account 
                        involved to occur in the fiscal year following 
                        the fiscal year to which the order applies.
                (4) Uniform percentage rate of reduction and other 
            limitations
                            All reductions described in paragraph (2) 
                        which are required to be made in connection with 
                        an order issued under section 904 of this title 
                        with respect to a fiscal year shall be made so 
                        as to ensure that outlays for each program, 
                        project, activity, or account involved are 
                        reduced by a percentage rate that is uniform for 
                        all such programs, projects, activities, and 
                        accounts, and may not be made so as to achieve a 
                        percentage rate of reduction in any such item 
                        exceeding the rate specified in the order.
                (5) Dairy program
                            Notwithstanding any other provision of this 
                        subsection, as the sole means of achieving any 
                        reduction in outlays under the milk price 
                        support program, the Secretary of Agriculture 
                        shall provide for a reduction to be made in the 
                        price received by producers for all milk 
                        produced in the United States and marketed by 
                        producers for commercial use. That price 
                        reduction (measured in cents per hundred weight 
                        of milk marketed) shall occur under section 
                        201(d)(2)(A) of the Agricultural Act of 1949 (7 
                        U.S.C. 1446(d)(2)(A)), shall begin on the day 
                        any sequestration order is issued under section 
                        904 of this title, and shall not exceed the 
                        aggregate amount of the reduction in outlays 
                        under the milk price support program that 
                        otherwise would have been achieved by reducing 
                        payments for the purchase of milk or the 
                        products of milk under this subsection during 
                        the applicable fiscal year.
                (6) Certain authority not to be limited
                            Nothing in this joint resolution shall limit 
                        or reduce, in any way, any appropriation that 
                        provides the Commodity Credit Corporation with 
                        budget authority to cover the Corporation's net 
                        realized losses.
            (k) Effects of sequestration
                The effects of sequestration shall be as follows:
                            (1) Budgetary resources sequestered from any 
                        account shall be permanently cancelled, except 
                        as provided in paragraph (5).
                            (2) Except as otherwise provided, the same 
                        percentage sequestration shall apply to all 
                        programs, projects, and activities within a

[[Page 515]]

                        budget account (with programs, projects, and 
                        activities as delineated in the appropriation 
                        Act or accompanying report for the relevant 
                        fiscal year covering that account, or for 
                        accounts not included in appropriation Acts, as 
                        delineated in the most recently submitted 
                        President's budget).
                            (3) Administrative regulations or similar 
                        actions implementing a sequestration shall be 
                        made within 120 days of the sequestration order. 
                        To the extent that formula allocations differ at 
                        different levels of budgetary resources within 
                        an account, program, project, or activity, the 
                        sequestration shall be interpreted as producing 
                        a lower total appropriation, with the remaining 
                        amount of the appropriation being obligated in a 
                        manner consistent with program allocation 
                        formulas in substantive law.
                            (4) Except as otherwise provided, 
                        obligations in sequestered accounts shall be 
                        reduced only in the fiscal year in which a 
                        sequester occurs.
                            (5) If an automatic spending increase is 
                        sequestered, the increase (in the applicable 
                        index) that was disregarded as a result of that 
                        sequestration shall not be taken into account in 
                        any subsequent fiscal year.
                            (6) Budgetary resources sequestered in 
                        revolving, trust, and special fund accounts and 
                        offsetting collections sequestered in 
                        appropriation accounts shall not be available 
                        for obligation during the fiscal year in which 
                        the sequestration occurs, but shall be available 
                        in subsequent years to the extent otherwise 
                        provided in law. (Pub. L. 99-177, Title II, 
                        Sec. 256, Dec. 12, 1985, 99 Stat. 1086; Pub. L. 
                        99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; 
                        Pub. L. 100-86, Title V, Sec. 506(b), Aug. 10, 
                        1987, 101 Stat. 634; Pub. L. 100-119, Title I, 
                        Secs. 102 (b)(2), (3), (11), 104(a)(3), (4), 
                        Sept. 29, 1987, 101 Stat. 773, 775, 776; Pub. L. 
                        101-73, Title VII, Sec. 743(b), Aug. 9, 1989, 
                        103 Stat. 437; Pub. L. 101-508, Title XIII, 
                        Sec. 13101(d), Nov. 5, 1990, 104 Stat. 1388-589; 
                        Pub. L. 101-509, Title V, Sec. 529 [Title I, 
                        Sec. 101(b)(2)(A), (4)(H)], Nov. 5, 1990, 104 
                        Stat. 1427, 1439, 1440; Pub. L. 104-193, Title 
                        I, Sec. 110(r)(2), Aug. 22, 1996, 110 Stat. 
                        2175; Pub. L. 105-33, Title X, Sec. 10208(a)(1), 
                        (b)-(g), Aug. 5, 1997, 111 Stat. 708-710.)
    399.47
    399.47  Sec. 907. The baseline.
            (a) In general
                For any budget year, the baseline refers to a projection 
            of current-year levels of new budget authority, outlays, 
            revenues, and the surplus or deficit into the budget year 
            and the outyears based on laws enacted through the 
            applicable date.
            (b) Direct spending and receipts
                For the budget year and each outyear, the baseline shall 
            be calculated using the following assumptions:
                            (1) In general

                                Laws providing or creating direct 
                            spending and receipts are assumed to operate 
                            in the manner specified in those laws for 
                            each such year and funding for entitlement 
                            authority is assumed to be adequate to make 
                            all payments required by those laws.

                            (2) Exceptions

[[Page 516]]

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

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

                                (B) The increase for veterans' 
                            compensation for a fiscal year is assumed to 
                            be the same as that required by law for 
                            veterans' pensions unless otherwise provided 
                            by law enacted in that session.

                                (C) Excise taxes dedicated to a trust 
                            fund, if expiring, are assumed to be 
                            extended at current rates.

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

                            (3) Hospital Insurance Trust Fund

                                Notwithstanding any other provision of 
                            law, the receipts and disbursements of the 
                            Hospital Insurance Trust Fund shall be 
                            included in all calculations required by 
                            this Act.

            (c) Discretionary appropriations
                For the budget year and each outyear, the baseline shall 
            be calculated using the following assumptions regarding all 
            amounts other than those covered by subsection (b) of this 
            section:
                            (1) Inflation of current-year appropriations

                                Budgetary resources other than 
                            unobligated balances shall be at the level 
                            provided for the budget year in full-year 
                            appropriation Acts. If for any account a 
                            full-year appropriation has not yet been 
                            enacted, budgetary resources other than 
                            obligated balances shall be at the level 
                            available in the current year, adjusted 
                            sequentially and cumulatively for expiring 
                            housing contracts as specified in paragraph 
                            (2), for social insurance administrative 
                            expenses as specified in paragraph (3), to 
                            offset pay absorption and for pay 
                            annualization as specified in paragraph (4), 
                            for inflation as specified in paragraph (5), 
                            and to account for changes required by law 
                            in the level of agency payments for 
                            personnel benefits other than pay.

                            (2) Expiring housing contracts

                                New budget authority to renew expiring 
                            multiyear subsidized housing contracts shall 
                            be adjusted to reflect the difference in the 
                            number of such contracts that are scheduled 
                            to expire in that fiscal year and the number 
                            expiring in the current year,

[[Page 517]]

                            with the per-contract renewal cost equal to 
                            the average current year cost of renewal 
                            contracts.

                            (3) Social insurance administrative expenses

                                Budgetary resources for the 
                            administrative expenses of the following 
                            trust funds shall be adjusted by the 
                            percentage change in the beneficiary 
                            population from the current year to that 
                            fiscal year: the Federal Hospital Insurance 
                            Trust Fund, the Supplementary Medical 
                            Insurance Trust Fund, the Unemployment Trust 
                            Fund, and the railroad retirement account.

                            (4) Pay annualization; offset to pay 
                        absorption

                                Current-year new budget authority for 
                            Federal employees shall be adjusted to 
                            reflect the full 12-month costs (without 
                            absorption) of any pay adjustment that 
                            occurred in that fiscal year.

                            (5) Inflators

                                The inflator used in paragraph (1) to 
                            adjust budgetary resources relating to 
                            personnel shall be the percent by which the 
                            average of the Bureau of Labor Statistics 
                            Employment Cost Index (wages and salaries, 
                            private industry workers) for that fiscal 
                            year differs from such index for the current 
                            year. The inflator used in paragraph (1) to 
                            adjust all other budgetary resources shall 
                            be the percent by which the average of the 
                            estimated gross domestic product chain-type 
                            index for that fiscal year differs from the 
                            average of such estimated index for the 
                            current year.

                            (6) Current-year appropriations

                                If, for any account, a continuing 
                            appropriation is in effect for less than the 
                            entire current year, then the current-year 
                            amount shall be assumed to equal the amount 
                            that would be available if that continuing 
                            appropriation covered the entire fiscal 
                            year. If law permits the transfer of budget 
                            authority among budget accounts in the 
                            current year, the current-year level for an 
                            account shall reflect transfers accomplished 
                            by the submission of, or assumed for the 
                            current year in, the President's original 
                            budget for the budget year.

            (d) Up-to-date concepts
                In deriving the balance for any budget year or outyear, 
            current-year amount shall be calculated using the concepts 
            and definitions that are required for the budget year.
            (e) Asset sales
                Amounts realized from the sale of an asset shall not be 
            included in estimates under section 901, 902, or 903 of this 
            title if that sale would result in a financial cost to the 
            Federal Government as determined pursuant to scorekeeping 
            guidelines.
                (Pub. L. 99-177, Title II, Sec. 257, Dec. 12, 1985, 99 
            Stat. 1092; Pub. L. 100-119, Title I, Sec. 102(b) (4)-(8), 
            104(c)(2), 106(b), Sept. 29, 1987; 101 Stat. 773, 774, 777, 
            780; Pub. L. 101-508, Title XIII, Sec. 13101(b), (e) Nov. 5, 
            1990, 104 Stat. 1388-589, 1388-591, 1388-593; Pub. L. 105-
            33, Title X, Sec. 10209(a), Aug. 5, 1997, 111 Stat. 710.)

[[Page 518]]


   399.47a
   399.47a  Sec. 907a. Suspension in the event of war or low growth.
            (a) Procedures in the event of a low growth report
                (1) Trigger
                            Whenever CBO issues a low-growth report 
                        under section 904(j), of this title, the 
                        Majority Leader of the House of Representatives 
                        may, and the Majority Leader of the Senate 
                        shall, introduce a joint resolution (in the form 
                        set forth in paragraph (2)) declaring that the 
                        conditions specified in section 904(j) of this 
                        title are met and suspending the relevant 
                        provisions of this title, titles III and VI of 
                        the Congressional Budget Act of 1974, and 
                        section 1103 of title 31.
                (2) Form of joint resolution
                            (A) The matter after the resolving clause in 
                        any joint resolution introduced pursuant to 
                        paragraph (1) shall be as follows: ``That the 
                        Congress declares that the conditions specified 
                        in section 254(j) of the Balanced Budget and 
                        Emergency Deficit Control Act of 1985 are met, 
                        and the implementation of the Congressional 
                        Budget and Impoundment Control Act of 1974, 
                        chapter 11 of title 31, United States Code, and 
                        part C of the Balanced Budget and Emergency 
                        Deficit Control Act of 1985 are modified as 
                        described in section 258(b) of the Balanced 
                        Budget and Emergency Deficit Control Act of 
                        1985.''
                            (B) The title of the joint resolution shall 
                        be ``Joint resolution suspending certain 
                        provisions of law pursuant to section 258(a)(2) 
                        of the Balanced Budget and Emergency Deficit 
                        Control Act of 1985.''; and the joint resolution 
                        shall not contain any preamble.
                (3) Committee action
                            Each joint resolution introduced pursuant to 
                        paragraph (1) shall be referred to the 
                        appropriate committees of the House of 
                        Representatives or the Committee on the Budget 
                        of the Senate, as the case may be; and such 
                        Committee shall report the joint resolution to 
                        its House without amendment on or before the 
                        fifth day on which such House is in session 
                        after the date on which the joint resolution is 
                        introduced. If the Committee fails to report the 
                        joint resolution within the five-day period 
                        referred to in the preceding sentence, it shall 
                        be automatically discharged from further 
                        consideration of the joint resolution, and the 
                        joint resolution shall be placed on the 
                        appropriate calendar.
                (4) Consideration of joint resolution
                            (A) A vote on final passage of a joint 
                        resolution reported to the Senate or discharged 
                        pursuant to paragraph (3) shall be taken on or 
                        before the close of the fifth calendar day of 
                        session after the date on which the joint 
                        resolution is reported or after the Committee 
                        has been discharged from further consideration 
                        of the joint resolution. If prior to the passage 
                        by one House of a joint resolution of that 
                        House, that House receives the same joint 
                        resolution from the other House, then--

                                (i) the procedure in that House shall be 
                            the same as if no such joint resolution had 
                            been received from the other House, but

                                (ii) the vote on final passage shall be 
                            on the joint resolution of the other House.

[[Page 519]]

            When the joint resolution is agreed to, the Clerk of the 
            House of Representatives (in the case of a House joint 
            resolution agreed to in the House of Representatives) or the 
            Secretary of the Senate (in the case of a Senate joint 
            resolution agreed to in the Senate) shall cause the joint 
            resolution to be engrossed, certified, and transmitted to 
            the other House of the Congress as soon as practicable.

                            (B)(i) In the Senate, a joint resolution 
                        under this paragraph shall be privileged. It 
                        shall not be in order to move to reconsider the 
                        vote by which the motion is agreed to or 
                        disagreed to.
                            (ii) Debate in the Senate on a joint 
                        resolution under this paragraph, and all 
                        debatable motions and appeals in connection 
                        therewith, shall be limited to not more than 
                        five hours. The time shall be equally divided 
                        between, and controlled by, the majority leader 
                        and the minority leader or their designees.
                            (iii) Debate in the Senate on any debatable 
                        motion or appeal in connection with a joint 
                        resolution under this paragraph shall be limited 
                        to not more than one hour, to be equally divided 
                        between, and controlled by, the mover and the 
                        manager of the joint resolution, except that in 
                        the event the manager of the joint resolution is 
                        in favor of any such motion or appeal, the time 
                        in opposition thereto shall be controlled by the 
                        minority leader or his designee.
                            (iv) A motion in the Senate to further limit 
                        debate on a joint resolution under this 
                        paragraph is not debatable. A motion to table or 
                        to recommit a joint resolution under this 
                        paragraph is not in order.
                            (C) No amendment to a joint resolution 
                        considered under this paragraph shall be in 
                        order in the Senate.
            (b) Suspension of sequestration procedures
                Upon the enactment of a declaration of war or a joint 
            resolution described in subsection (a) of this section--
                            (1) the subsequent issuance of any 
                        sequestration report or any sequestration order 
                        is precluded;
                            (2) sections 633(f), 641(d), 642(a) of this 
                        title, and title VI of the Congressional Budget 
                        Act of 1974 are suspended; and
                            (3) section 1103 of title 31 is suspended.
            (c) Restoration of sequestration procedures
                (1) In the event of a suspension of sequestration 
            procedures due to a declaration of war, then, effective with 
            the first fiscal year that begins in the session after the 
            state of war is concluded by Senate ratification of the 
            necessary treaties, the provisions of subsection (b) of this 
            section triggered by that declaration of war are no longer 
            effective.
                (2) In the event of a suspension of sequestration 
            procedures due to the enactment of a joint resolution 
            described in subsection (a) of this section, then, effective 
            with regard to the first fiscal year beginning at least 12 
            months after the enactment of that resolution, the 
            provisions of subsection (b) of this section triggered by 
            that resolution are no longer effective. (Pub. L. 99-177, 
            Title II, Sec. 258, as added Pub. L. 101-508, Title XIII, 
            Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-593.)

[[Page 520]]


   399.47b
   399.47b  Sec. 907b. Modification of Presidential order.
            (a) Introduction of joint resolution
                At any time after the Director of OMB issues a final 
            sequestration report under section 904 of this title for a 
            fiscal year, but before the close of the twentieth calendar 
            day of the session of Congress beginning after the date of 
            issuance of such report, the majority leader of either House 
            of Congress may introduce a joint resolution which contains 
            provisions directing the President to modify the most recent 
            order issued under section 904 of this title or provide an 
            alternative to reduce the deficit for such fiscal year. 
            After the introduction of the first such joint resolution in 
            either House of Congress in any calendar year, then no other 
            joint resolution introduced in such House in such calendar 
            year shall be subject to the procedures set forth in this 
            section.
            (b) Procedures for consideration of joint resolutions
                (1) Referral to committee
                            A joint resolution introduced in the Senate 
                        under subsection (a) of this section shall not 
                        be referred to a committee of the Senate and 
                        shall be placed on the calendar pending 
                        disposition of such joint resolution in 
                        accordance with this subsection.
                (2) Consideration in the Senate
                            On or after the third calendar day 
                        (excluding Saturdays, Sundays, and legal 
                        holidays) beginning after a joint resolution is 
                        introduced under subsection (a) of this section, 
                        notwithstanding any rule or precedent of the 
                        Senate, including Rule XXII of the Standing 
                        Rules of the Senate, it is in order (even though 
                        a previous motion to the same effect has been 
                        disagreed to) for any Member of the Senate to 
                        move to proceed to the consideration of the 
                        joint resolution. The motion is not in order 
                        after the eighth calendar day (excluding 
                        Saturdays, Sundays, and legal holidays) 
                        beginning after a joint resolution (to which the 
                        motion applies) is introduced. The joint 
                        resolution is privileged in the Senate. A motion 
                        to reconsider the vote by which the motion is 
                        agreed to or disagreed to shall not be in order. 
                        If a motion to proceed to the consideration of 
                        the joint resolution is agreed to, the Senate 
                        shall immediately proceed to consideration of 
                        the joint resolution without intervening motion, 
                        order, or other business, and the joint 
                        resolution shall remain the unfinished business 
                        of the Senate until disposed of.
                (3) Debate in the Senate
                            (A) In the Senate, debate on a joint 
                        resolution introduced under subsection (a) of 
                        this section, amendments thereto, and all 
                        debatable motions and appeals in connection 
                        therewith shall be limited to not more than 10 
                        hours, which shall be divided equally between 
                        the majority leader and the minority leader (or 
                        their designees).
                            (B) A motion to postpone, or a motion to 
                        proceed to the consideration of other business 
                        is not in order. A motion to reconsider the vote 
                        by which the joint resolution is agreed to or 
                        disagreed to is not in order, and a motion to 
                        recommit the joint resolution is not in order.
                            (C)(i) No amendment that is not germane to 
                        the provisions of the joint resolution or to the 
                        order issued under section 904 of this title 
                        shall be in order in the Senate. In the Senate, 
                        an amendment, any amendment to an amendment, or 
                        any debatable motion

[[Page 521]]

                        or appeal is debatable for not to exceed 30 
                        minutes to be equally divided between, and 
                        controlled by, the mover and the majority leader 
                        (or their designees), except that in the event 
                        that the majority leader favors the amendment, 
                        motion, or appeal, the minority leader (or the 
                        minority leader's designee) shall control the 
                        time in opposition to the amendment, motion, or 
                        appeal.
                            (ii) In the Senate an amendment that is 
                        otherwise in order shall be in order 
                        notwithstanding the fact that it amends the 
                        joint resolution in more than one place or 
                        amends language previously amended. It shall not 
                        be in order in the Senate to vote on the 
                        question of agreeing to such a joint resolution 
                        or any amendment thereto unless the figures then 
                        contained in such joint resolution or amendment 
                        are mathematically consistent.
                (4) Vote on final passage
                            Immediately following the conclusion of the 
                        debate on a joint resolution introduced under 
                        subsection (a) of this section, a single quorum 
                        call at the conclusion of the debate if 
                        requested in accordance with the rules of the 
                        Senate, and the disposition of any pending 
                        amendments under paragraph (3), the vote on 
                        final passage of the joint resolution shall 
                        occur.
                (5) Appeals
                            Appeals from the decisions of the Chair 
                        shall be decided without debate.
                (6) Conference reports
                            In the Senate, points of order under titles 
                        III, IV, and VI of the Congressional Budget Act 
                        of 1974 are applicable to a conference report on 
                        the joint resolution or any amendments in 
                        disagreement thereto.
                (7) Resolution from other House
                            If, before the passage by the Senate of a 
                        joint resolution of the Senate introduced under 
                        subsection (a) of this section, the Senate 
                        receives from the House of Representatives, a 
                        joint resolution introduced under subsection (a) 
                        of this section, then the following procedures 
                        shall apply:

                                (A) The joint resolution of the House of 
                            Representatives shall not be referred to a 
                            committee and shall be placed on the 
                            calendar.

                                (B) With respect to a joint resolution 
                            introduced under subsection (a) of this 
                            section in the Senate--

                                        (i) the procedure in the Senate 
                                    shall be the same as if no joint 
                                    resolution had been received from 
                                    the House; but

                                        (ii)(I) the vote on final 
                                    passage shall be on the joint 
                                    resolution of the House if it is 
                                    identical to the joint resolution 
                                    then pending for passage in the 
                                    Senate; or

                                        (II) if the joint resolution 
                                    from the House is not identical to 
                                    the joint resolution then pending 
                                    for passage in the Senate and the 
                                    Senate then passes the Senate joint 
                                    resolution, the Senate shall be 
                                    considered to have passed the House 
                                    joint resolution as amended by the 
                                    text of the Senate joint resolution.

[[Page 522]]

                                (C) Upon disposition of the joint 
                            resolution received from the House, it shall 
                            no longer be in order to consider the 
                            resolution originated in the Senate.

                (8) Senate action on House resolution 
                            If the Senate receives from the House of 
                        Representatives a joint resolution introduced 
                        under subsection (a) of this section after the 
                        Senate has disposed of a Senate originated 
                        resolution which is identical to the House 
                        passed joint resolution, the action of the 
                        Senate with regard to the disposition of the 
                        Senate originated joint resolution shall be 
                        deemed to be the action of the Senate with 
                        regard to the House originated joint resolution. 
                        If it is not identical to the House passed joint 
                        resolution, then the Senate shall be considered 
                        to have passed the joint resolution of the House 
                        as amended by the text of the Senate joint 
                        resolution. (Pub. L. 99-177, Title II, 
                        Sec. 258A, as added Pub. L. 101-508, Title XIII, 
                        Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-
                        595.)
   399.47c
   399.47c  Sec. 907c. Flexibility among defense programs, projects, and 
                activities.
                (a) Subject to subsections (b), (c), and (d) of this 
            section, new budget authority and unobligated balances for 
            any programs, projects, or activities within major 
            functional category 050 (other than a military personnel 
            account) may be further reduced beyond the amount specified 
            in an order issued by the President under section 904 of 
            this title for such fiscal year. To the extent such 
            additional reductions are made and result in additional 
            outlay reductions, the President may provide for lesser 
            reductions in new budget authority and unobligated balances 
            for other programs, projects, or activities within major 
            functional category 050 for such fiscal year, but only to 
            the extent that the resulting outlay increases do not exceed 
            the additional outlay reductions, and no such program, 
            project, or activity may be increased above the level 
            actually made available by law in appropriation Acts (before 
            taking sequestration into account). In making calculations 
            under this subsection, the President shall use account 
            outlay rates that are identical to those used in the report 
            by the Director of OMB under section 904 of this title.
                (b) No actions taken by the President under subsection 
            (a) of this section for a fiscal year may result in a 
            domestic base closure or realignment that would otherwise be 
            subject to section 2687 of title 10.
                (c) The President may not exercise the authority 
            provided by this paragraph for a fiscal year unless--
                            (1) the President submits a single report to 
                        Congress specifying, for each account, the 
                        detailed changes proposed to be made for such 
                        fiscal year pursuant to this section;
                            (2) that report is submitted within 5 
                        calendar days of the start of the next session 
                        of Congress; and
                            (3) a joint resolution affirming or 
                        modifying the changes proposed by the President 
                        pursuant to this paragraph becomes law.
                (d) Within 5 calendar days of session after the 
            President submits a report to Congress under subsection 
            (c)(1) of this section for a fiscal year, the majority 
            leader of each House of Congress shall (by request) 
            introduce a joint resolution which contains provisions 
            affirming the changes proposed by the President pursuant to 
            this paragraph.

[[Page 523]]

                (e)(1) The matter after the resolving clause in any 
            joint resolution introduced pursuant to subsection (d) of 
            this section shall be as follows: ``That the report of the 
            President as submitted on [Insert Date] under section 258B 
            is hereby approved.''.
                (2) The title of the joint resolution shall be ``Joint 
            resolution approving the report of the President submitted 
            under section 258B of the Balanced Budget and Emergency 
            Deficit Control Act of 1985.''.
                (3) Such joint resolution shall not contain any 
            preamble.
                (f)(1) A joint resolution introduced in the Senate under 
            subsection (d) of this section shall be referred to the 
            Committee on Appropriations, and if not reported within 5 
            calendar days (excluding Saturdays, Sundays, and legal 
            holidays) from the date of introduction shall be considered 
            as having been discharged therefrom and shall be placed on 
            the appropriate calendar pending disposition of such joint 
            resolution in accordance with this subsection. In the 
            Senate, no amendment proposed in the Committee on 
            Appropriations shall be in order other than an amendment (in 
            the nature of a substitute) that is germane or relevant to 
            the provisions of the joint resolution or to the order 
            issued under section 904 of this title. For purposes of this 
            paragraph, an amendment shall be considered to be relevant 
            if it relates to function 050 (national defense).
                (2) On or after the third calendar day (excluding 
            Saturdays, Sundays, and legal holidays) beginning after a 
            joint resolution is placed on the Senate calendar, 
            notwithstanding any rule or precedent of the Senate, 
            including Rule XXII of the Standing Rules of the Senate, it 
            is in order (even though a previous motion to the same 
            effect has been disagreed to) for any Member of the Senate 
            to move to proceed to the consideration of the joint 
            resolution. The motion is not in order after the eighth 
            calendar day (excluding Saturdays, Sundays, and legal 
            holidays) beginning after such joint resolution is placed on 
            the appropriate calendar. The motion is not debatable. The 
            joint resolution is privileged in the Senate. A motion to 
            reconsider the vote by which the motion is agreed to or 
            disagreed to shall not be in order. If a motion to proceed 
            to the consideration of the joint resolution is agreed to, 
            the Senate shall immediately proceed to consideration of the 
            joint resolution without intervening motion, order, or other 
            business, and the joint resolution shall remain the 
            unfinished business of the Senate until disposed of.
                (g)(1) In the Senate, debate on a joint resolution 
            introduced under subsection (d) of this section, amendments 
            thereto, and all debatable motions and appeals in connection 
            therewith shall be limited to not more than 10 hours, which 
            shall be divided equally between the majority leader and the 
            minority leader (or their designees).
                (2) A motion to postpone, or a motion to proceed to the 
            consideration of other business is not in order. A motion to 
            reconsider the vote by which the joint resolution is agreed 
            to or disagreed to is not in order. In the Senate, a motion 
            to recommit the joint resolution is not in order.
                (h)(1) No amendment that is not germane or relevant to 
            the provisions of the joint resolution or to the order 
            issued under section 904 of this title shall be in order in 
            the Senate. For purposes of this paragraph, an amendment 
            shall be considered to be relevant if it relates to function 
            050 (national defense). In the Senate, an amendment, any 
            amendment to an amendment, or any debatable motion or appeal 
            is debatable for not to exceed 30 minutes to be equally 
            divided between, and controlled

[[Page 524]]

            by, the mover and the majority leader (or their designees), 
            except that in the event that the majority leader favors the 
            amendment, motion, or appeal, the minority leader (or the 
            minority leader's designee) shall control the time in 
            opposition to the amendment, motion, or appeal.
                (2) In the Senate, an amendment that is otherwise in 
            order shall be in order notwithstanding the fact that it 
            amends the joint resolution in more than one place or amends 
            language previously amended, so long as the amendment makes 
            or maintains mathematical consistency. It shall not be in 
            order in the Senate to vote on the question of agreeing to 
            such a joint resolution or any amendment thereto unless the 
            figures then contained in such joint resolution or amendment 
            are mathematically consistent.
                (3) It shall not be in order in the Senate to consider 
            any amendment to any joint resolution introduced under 
            subsection (d) of this section or any conference report 
            thereon if such amendment or conference report would have 
            the effect of decreasing any specific budget outlay 
            reductions below the level of such outlay reductions 
            provided in such joint resolution unless such amendment or 
            conference report makes a reduction in other specific budget 
            outlays at least equivalent to any increase in outlays 
            provided by such amendment or conference report.
                (4) For purposes of the application of paragraph (3), 
            the level of outlays and specific budget outlay reductions 
            provided in an amendment shall be determined on the basis of 
            estimates made by the Committee on the Budget of the Senate.
                (i) Immediately following the conclusion of the debate 
            on a joint resolution introduced under subsection (d) of 
            this section, a single quorum call at the conclusion of the 
            debate if requested in accordance with the rules of the 
            Senate, and the disposition of any pending amendments under 
            subsection (h) of this section, the vote on final passage of 
            the joint resolution shall occur.
                (j) Appeals from the decisions of the Chair relating to 
            the application of the rules of the Senate to the procedure 
            relating to a joint resolution described in subsection (d) 
            of this section shall be decided without debate.
                (k) In the Senate, points of order under titles III and 
            IV of the Congressional Budget Act of 1974 (including points 
            of order under sections 633(c), 634(a), 637, and 651(b)(1) 
            of this title) are applicable to a conference report on the 
            joint resolution or any amendments in disagreement thereto.
                (l) If, before the passage by the Senate of a joint 
            resolution of the Senate introduced under subsection (d) of 
            this section, the Senate receives from the House of 
            Representatives a joint resolution introduced under 
            subsection (d) of this section, then the following 
            procedures shall apply:
                            (1) The joint resolution of the House of 
                        Representatives shall not be referred to a 
                        committee.
                            (2) With respect to a joint resolution 
                        introduced under subsection (d) of this section 
                        in the Senate--

                                (A) the procedure in the Senate shall be 
                            the same as if no joint resolution had been 
                            received from the House; but

                                (B)(i) the vote on final passage shall 
                            be on the joint resolution of the House if 
                            it is identical to the joint resolution then 
                            pending for passage in the Senate; or

[[Page 525]]

                                (ii) if the joint resolution from the 
                            House is not identical to the joint 
                            resolution then pending for passage in the 
                            Senate and the Senate then passes the Senate 
                            joint resolution, the Senate shall be 
                            considered to have passed the House joint 
                            resolution as amended by the text of the 
                            Senate joint resolution.

                            (3) Upon disposition of the joint resolution 
                        received from the House, it shall no longer be 
                        in order to consider the joint resolution 
                        originated in the Senate.
                (m) If the Senate receives from the House of 
            Representatives a joint resolution introduced under 
            subsection (d) of this section after the Senate has disposed 
            of a Senate originated joint resolution which is identical 
            to the House passed joint resolution, the action of the 
            Senate with regard to the disposition of the Senate 
            originated joint resolution shall be deemed to be the action 
            of the Senate with regard to the House originated joint 
            resolution. If it is not identical to the House passed joint 
            resolution, then the Senate shall be considered to have 
            passed the joint resolution of the House as amended by the 
            text of the Senate joint resolution. (Pub. L. 99-177, Title 
            II, Sec. 258B, as added Pub. L. 101-508, Title XIII, 
            Sec. 13101(g), Nov. 5, 1990, 104 Stat. 1388-597.)
   399.47d
   399.47d  Sec. 907d. Special reconciliation process.
            (a) Reporting of a resolutions and reconciliation bills and 
                resolutions, in the Senate
                (1) Committee alternatives to Presidential order
                            After the submission of an OMB sequestration 
                        update report under section 904 of this title 
                        that envisions a sequestration under section 902 
                        or 903 of this title, each standing committee of 
                        the Senate may, not later than October 10, 
                        submit to the Committee on the Budget of the 
                        Senate information of the type described in 
                        section 632(d) of this title with respect to 
                        alternatives to the order envisioned by such 
                        report insofar as such order affects laws within 
                        the jurisdiction of the committee.
                (2) Initial Budget Committee action
                            After the submission of such a report, the 
                        Committee on the Budget of the Senate may, not 
                        later than October 15, report to the Senate a 
                        resolution. The resolution may affirm the impact 
                        of the order envisioned by such report, in whole 
                        or in part. The the extent that any part is not 
                        affirmed, the resolution shall state which parts 
                        are not affirmed and shall contain instructions 
                        to committees of the Senate of the type referred 
                        to in section 641(a) of this title, sufficient 
                        to achieve at least the total level of deficit 
                        reduction contained in those sections which are 
                        not affirmed.
                (3) Response of committees
                            Committees instructed pursuant to paragraph 
                        (2), or affected thereby, shall submit their 
                        responses to the Budget Committee no later than 
                        10 days after the resolution referred to in 
                        paragraph (2) is agreed to, except that if only 
                        one such Committee is so instructed such 
                        Committee shall, by the same date, report to the 
                        Senate a reconciliation bill or reconciliation 
                        resolution containing its recommendations in 
                        response to such instructions. A committee shall 
                        be considered to have a complied with all 
                        instructions to it pursuant to a resolution 
                        adopted under paragraph (2) if it has made 
                        recommendations with respect to matters within 
                        its jurisdiction

[[Page 526]]

                        which would result in a reduction in the deficit 
                        at least equal to the total reduction directed 
                        by such instructions.
                (4) Budget Committee action
                            Upon receipt of its recommendations received 
                        in response to a resolution referred to in 
                        paragraph (2), the Budget Committee shall report 
                        to the Senate a reconciliation bill or 
                        reconciliation resolution, or both, carrying out 
                        all such recommendations without any substantive 
                        revisions. In the event that a committee 
                        instructed in a resolution referred to in 
                        paragraph (2) fails to submit any recommendation 
                        (or, when only one committee is instructed, 
                        fails to report a reconciliation bill or 
                        resolution) in response to such instructions, 
                        the Budget Committee shall include in the 
                        reconciliation bill or reconciliation resolution 
                        reported pursuant to this subparagraph 
                        legislative language within the jurisdiction of 
                        the noncomplying committee to achieve the amount 
                        of deficit reduction directed in such 
                        instructions.
                (5) Point of order
                            It shall not be in order in the Senate to 
                        consider any reconciliation bill or 
                        reconciliation resolution reported under 
                        paragraph (4) with respect to a fiscal year, any 
                        amendment thereto, or any conference report 
                        thereon if--

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

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

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

            would cause the amount of the deficit for such fiscal year 
            to exceed the maximum deficit amount for such fiscal year, 
            unless the low-growth report submitted under section 904 of 
            this title projects negative real economic growth for such 
            fiscal year, or for each of any two consecutive quarters 
            during such fiscal year.

                (6) Treatment of certain amendments
                            In the Senate, an amendment which adds to a 
                        resolution reported under paragraph (2) an 
                        instruction of the type referred to in such 
                        paragraph shall be in order during the 
                        consideration of such resolution if such 
                        amendment would be in order but for the fact 
                        that it would be held to be non-germane on the 
                        basis that the instruction constitutes new 
                        matter.
                (7) Definition
                            For purposes of paragraphs (1), (2), and 
                        (3), the term ``day'' shall mean any calendar 
                        day on which the Senate is in session.
            (b) Procedures
                (1) In general
                            Except as provided in paragraph (2), in the 
                        Senate the provisions of sections 636 and 641 of 
                        this title for the consideration of concurrent 
                        resolutions on the budget and conference reports 
                        thereon shall also apply to the consideration of 
                        resolutions, and reconciliation bills and 
                        reconciliation resolutions reported under this 
                        paragraph and conference reports thereon.
                (2) Limit on debate
                            Debate in the Senate on any resolution 
                        reported pursuant to subsection (a)(2) of this 
                        section, and all amendments thereto and 
                        debatable motions and appeals in connection 
                        therewith, shall be limited to 10 hours.

[[Page 527]]

                (3) Limitation on amendments
                            Section 641(d)(2) of this title shall apply 
                        to reconciliation bills and reconciliation 
                        resolutions reported under this subsection.
                (4) Bills and resolutions received from the House
                            Any bill or resolution received in the 
                        Senate from the House, which is a companion to a 
                        reconciliation bill or reconciliation resolution 
                        of the Senate for the purposes of this 
                        subsection, shall be considered in the Senate 
                        pursuant to the provisions of this subsection.
                (5) Definition
                            For purposes of this subsection, the term 
                        ``resolution'' means a simple, joint, or 
                        concurrent resolution. (Pub. L. 99-177, Title 
                        II, Sec. 258C, as added Pub. L. 101-508, Title 
                        XIII, Sec. 13101(g), Nov. 5, 1990, 104 Stat. 
                        1388-600.)
    399.48
    399.48  Sec. 908. Repealed. Pub. L. 105-33, Title X, Sec. 10210, 
                Aug. 5, 1997, 111 Stat. 711.

  

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

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

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

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

[[Page 528]]

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

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

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

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

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

[[Page 529]]

            or, if appeal is taken, during the period before the court 
            to which such appeal is taken has entered its final order 
            disposing of such action.
            (f) Preservation of other rights
                The rights created by this section are in addition to 
            the rights of any person under law, subject to subsection 
            (e) of this section.
            (g) Economic data and assumptions
                The economic data and economic assumptions used by the 
            Director of OMB in computing the figures specified in any 
            report issued by the Director of OMB under section 904 of 
            this title shall not be subject to review in any judicial or 
            administrative proceeding. (Pub. L. 99-177, Title II, 
            Sec. 274, Dec. 12, 1985, 99 Stat. 1098; Pub. L. 100-119, 
            Title I, Sec. 102(b)(9), (10), Sept. 29, 1987, 101 Stat. 
            774, 775; Pub. L. 105-33, Title X, Sec. 10211, Aug. 5, 1997, 
            111 Stat. 711.)
            
               Chapter 22.--JOHN C. STENNIS CENTER FOR PUBLIC SERVICE 
                              TRAINING AND DEVELOPMENT

    399.50
    399.50  Sec. 1101. Congressional findings.
                The Congress makes the following findings:
                            (1) Senator John C. Stennis of the State of 
                        Mississippi has served his State and country 
                        with distinction for more than 60 years as a 
                        public servant, including service in the United 
                        States Senate for a period of 41 years.
                            (2) Senator Stennis has a distinguished 
                        record as a United States Senator, including 
                        service as the first Chairman of the Select 
                        Committee on Ethics, Chairman of the Committee 
                        on Armed Services, Chairman of the Committee on 
                        Appropriations, and President pro tempore of the 
                        Senate.
                            (3) Senator Stennis has long maintained a 
                        special interest in and devotion to the 
                        development of leadership and excellence in 
                        public service.
                            (4) There is a compelling need to encourage 
                        outstanding young people to pursue public 
                        service on a career basis and to provide public 
                        service leadership training opportunities for 
                        individuals serving in State and local 
                        governments and for individuals serving as 
                        employees of Members of Congress.
                            (5) It would be a fitting tribute to Senator 
                        Stennis and to his leadership, integrity, and 
                        years of devoted public service to establish in 
                        his name a center for the training and 
                        development of leadership excellence in public 
                        service. (Pub. L. 100-458, Title I, Sec. 112, 
                        Oct. 1, 1988, 102 Stat. 2172.)
    399.51
    399.51  Sec. 1102. Definitions.
                In this subtitle:
                            (1) The term ``Center'' means the John C. 
                        Stennis Center for Public Service Training and 
                        Development established under section 1103(a).
                            (2) The term ``Board'' means the Board of 
                        Trustees of the John C. Stennis Center for 
                        Public Service Training and Development 
                        established under section 1103(b).
                            (3) The term ``fund'' means the John C. 
                        Stennis Center for Public Service Training and 
                        Development Trust Fund provided for under

[[Page 530]]

                        section 1105. (Pub. L. 100-458, Title I, 
                        Sec. 113, Oct. 1, 1988, 102 Stat. 2172.)
    399.52
    399.52  Sec. 1103. Establishment of the John C. Stennis Center for 
                Public Service Training and Development.
                (a) Establishment.--There is established in the 
            legislative branch of the Government a center to be known as 
            the ``John C. Stennis Center for Public Service Training and 
            Development''.
                (b) Board of Trustees.--The Center shall be subject to 
            the supervision and direction of a Board of Trustees. The 
            Board shall be composed of seven members, as follows:
                            (1) Two members to be appointed by the 
                        majority leader of the Senate.
                            (2) One member to be appointed by the 
                        minority leader of the Senate.
                            (3) Two members to be appointed by the 
                        Speaker of the House of Representatives.
                            (4) One member to be appointed by the 
                        minority leader of the House of Representatives.
                            (5) The Executive Director of the Center, 
                        who shall serve as an ex-officio member of the 
                        Board.
                (c) Term of Office.--The term of office of each member 
            of the Board appointed under paragraphs (1), (2), (3), and 
            (4) of subsection (b) shall be six years, except that--
                            (1) the members first appointed under 
                        paragraphs (1) and (2) shall serve, as 
                        designated by the majority leader of the Senate, 
                        one for a term of two years, one for a term of 
                        four years, and one for a term of six years;
                            (2) the members first appointed under 
                        paragraphs (3) and (4) shall serve, as 
                        designated by the Speaker of the House of 
                        Representatives, one for a term of two years, 
                        one for a term of four years, and one for a term 
                        of six years; and
                            (3) a member appointed to fill a vacancy 
                        shall serve for the remainder of the term for 
                        which his predecessor was appointed and shall be 
                        appointed in the same manner as the original 
                        appointment for that vacancy was made.
                (d) Travel and Subsistence Pay.--Members of the Board 
            (other than the Executive Director) shall serve without pay, 
            but shall be entitled to reimbursement for travel, 
            subsistence, and other necessary expenses incurred in the 
            performance of their duties.
                (e) Location of Center.--The Center shall be located at 
            or near Starkville, Mississippi, the location of Mississippi 
            State University. (Pub. L. 100-458, Title I, Sec. 114, Oct. 
            1, 1988, 102 Stat. 2173.)
    399.53
    399.53  Sec. 1104. Purposes and authority of the Center.
                (a) Purposes of Center.--The purposes of the Center 
            shall be--
                            (1) to increase awareness of the importance 
                        of public service, to foster among the youth of 
                        the United States greater recognition and 
                        understanding of the role of public service in 
                        the development of the United States, and to 
                        promote public service as a career choice;
                            (2) to provide training and development 
                        opportunities for State and local elected 
                        government officials and employees of State and 
                        local governments in order to assist such 
                        officials and employees

[[Page 531]]

                        to become more effective and more efficient in 
                        performing their public duties and develop their 
                        potential for accepting increased public service 
                        opportunities; and
                            (3) to provide training and development 
                        opportunities for those employees of Members of 
                        the Congress who perform key roles in helping 
                        Members of Congress serve the people of the 
                        United States.
                (b) Authority of Center.--The Center is authorized, 
            consistent with this subtitle, to develop such programs, 
            activities, and services as it considers appropriate to 
            carry out the purposes of this subtitle. Such authority 
            shall include the following:
                            (1) The development and implementation of 
                        educational programs for secondary and post-
                        secondary schools and colleges designed--

                                (A) to improve the attitude of students 
                            toward public service;

                                (B) to encourage students to consider 
                            public service as a career goal;

                                (C) to create a better understanding of 
                            the important role that people in public 
                            service have played in the growth and 
                            development of the United States; and

                                (D) to foster a sense of civic 
                            responsibility among the youth of the United 
                            States.

                            (2) The development and implementation of 
                        programs designed--

                                (A) to enhance skills and abilities of 
                            public service employees and elected 
                            officials at the State and local levels of 
                            government;

                                (B) to make such officials more 
                            productive and effective in the performance 
                            of their duties; and

                                (C) to help prepare such employees and 
                            officials to assume greater responsibilities 
                            in the field of public service.

                            (3) The development and implementation of 
                        congressional staff training programs designed 
                        to equip congressional staff personnel to 
                        perform their duties more effectively and 
                        efficiently.
                            (4) The development and implementation of 
                        media and telecommunications production 
                        capabilities to assist the Center in expanding 
                        the reach of its programs throughout the United 
                        States.
                            (5) The establishment of library and 
                        research facilities for the collection and 
                        compilation of research materials for use in 
                        carrying out the programs of the Center.
                (C) Program Priorities.--The Board of Trustees shall 
            determine the priority of the programs to be carried out 
            under this subtitle and the amount of funds to be allocated 
            for such programs. (Pub. L. 100-458, Title I, Sec. 115, Oct. 
            1, 1988, 102 Stat. 2173.)
    399.54
    399.54  Sec. 1105. John C. Stennis Center for Public Service 
                Development Trust Fund.
                (a) Establishment of Fund.--There is established in the 
            Treasury of the United States a trust fund to be known as 
            the ``John C. Stennis Center for Public Service Development 
            Trust Fund''. The fund shall consist of amounts appropriated 
            to it pursuant to section 1110 and amounts credited to it 
            under subsection (d).
                (b) Investment of Fund Assets.--(1) It shall be the duty 
            of the Secretary of the Treasury to invest in full the 
            amounts appropriated to the fund. Such investments may be 
            made only in interest bearing obligations of the United 
            States or in obligations guaranteed as to both principal and 
            interest by the United States. For such purpose, such

[[Page 532]]

            obligations may be acquired on original issue at the issue 
            price or by purchase of outstanding obligations at the 
            marketplace.
                (2) The purposes for which obligations of the United 
            States may be issued under the Second Liberty Bond Act are 
            hereby extended to authorize the issuance at par of special 
            obligations exclusively to the fund. Such special 
            obligations shall bear interest at a rate equal to the 
            average rate of interest, computed as to the end of the 
            calendar month next preceding the date of such issue, borne 
            by all marketable interest bearing obligations of the United 
            States then forming a part of the public debt, except that 
            when such average rate is not a multiple of one-eighth of 
            one percent, the rate of interest of such special 
            obligations shall be the multiple of one-eighth of one 
            percent next lower than such average rate. Such special 
            obligations shall be issued only if the Secretary determines 
            that the purchase of other interest bearing obligations of 
            the United States, or of obligations guaranteed as to both 
            principal and interest by the United States or original 
            issue or at the market price, is not in the public interest.
                (c) Authority To Sell Obligations.--Any obligation 
            acquired by the fund (except special obligations issued 
            exclusively to the fund) may be sold by the Secretary of the 
            Treasury at the market price, and such special obligations 
            may be redeemed at par plus accrued interest.
                (d) Proceeds From Certain Transactions Credited to 
            Fund.--In addition to the appropriations received pursuant 
            to section 1110 of this title, the interest on, and the 
            proceeds from the sale or redemption of, any obligations 
            held in the fund pursuant to section 1108(a) of this title, 
            shall be credited to and form a part of the fund. (Pub. L. 
            100-458, Title I, Sec. 116, Oct. 1, 1988, 102 Stat. 2174; 
            Pub. L. 101-520, Title III, Sec. 313(a), Nov. 5, 1990, 104 
            Stat. 2282.)
    399.55
    399.55  Sec. 1106. Expenditures and audit of Trust Fund.
                (a) In General.--The Secretary of the Treasury is 
            authorized to pay to the Center from the interest and 
            earnings of the fund, and moneys credited to the fund 
            pursuant to section 1108(a) of this title, such sums as the 
            Board determines are necessary and appropriate to enable the 
            Center to carry out the provisions of this chapter.
                (b) Audit by GAO.--The activities of the Center under 
            this subtitle may be audited by the General Accounting 
            Office under such rules and regulations as may be prescribed 
            by the Comptroller General of the United States. 
            Representatives of the General Accounting Office shall have 
            access to all books, accounts, records, reports, and files 
            and all other papers, things, or property belonging to or in 
            use by the Center, pertaining to such activities and 
            necessary to facilitate the audit. (Pub. L. 100-458, Title 
            I, Sec. 117, Oct. 1, 1988, 102 Stat. 2175; Pub. L. 101-520, 
            Title III, Sec. 313(b), Nov. 5, 1990, 104 Stat. 2282.)
    399.56
    399.56  Sec. 1107. Executive Director of Center.
                (a) Appointment by Board.--(1) There shall be an 
            Executive Director of the Center who shall be appointed by 
            the Board. The Executive Director shall be the chief 
            executive officer of the Center an shall carry out the 
            functions of the Center subject to the supervision and 
            direction of the Board. The Executive Director shall carry 
            out such other functions consistent with the provisions of 
            this subtitle as the Board shall prescribe.

[[Page 533]]

                (2) The Executive Director shall not be eligible to 
            serve as Chairman of the Board.
                (b) Compensation.--The Executive Director of the Center 
            shall be compensated at the rate specified for employees in 
            grade GS-18 of the General Schedule under section 5332 of 
            title 5, United States Code. (Pub. L. 100-458, Title I, 
            Sec. 118, Oct. 1, 1988, 102 Stat. 2175.)
    399.57
    399.57  Sec. 1108. Administrative provisions.
                (a) In General.--In order to carry out the provisions of 
            this subtitle, the Center may--
                            (1) appoint and fix the compensation of such 
                        personnel as may be necessary to carry out the 
                        provisions of this subtitle, except that in no 
                        case shall employees other than the Executive 
                        Director be compensated at a rate to exceed the 
                        maximum rate for employees in grade GS-15 of the 
                        General Schedule under section 5332 of title 5, 
                        United States Code;
                            (2) procure temporary and intermittent 
                        services of experts and consultants as are 
                        necessary to the extent authorized by section 
                        3109 of title 5, United States Code, but at 
                        rates not to exceed the rate specified at the 
                        time of such service for grade GS-18 under 
                        section 5332 of such title;
                            (3) prescribe such regulations as it 
                        considers necessary governing the manner in 
                        which its functions shall be carried out;
                            (4) solicit and receive money and other 
                        property donated, bequeathed, or devised, 
                        without condition or restriction other than it 
                        be used for the purposes of the Center, and to 
                        use, sell, or otherwise dispose of such property 
                        for the purpose of carrying out its functions;
                            (5) accept and utilize the services of 
                        voluntary and noncompensated personnel and 
                        reimburse them for travel expenses, including 
                        per diem, as authorized by section 5703 of title 
                        5, United States Code;
                            (6) enter into contracts, grants, or other 
                        arrangements, or modifications thereof, to carry 
                        out the provisions of this subtitle, and such 
                        contracts or modifications thereof may, with the 
                        concurrence of two-thirds of the members of the 
                        Board, be entered into without performance or 
                        other bonds, and without regard to section 3709 
                        of the Revised Statutes (41 U.S.C. 5);
                            (7) make expenditures for official reception 
                        and representation expenses as well as 
                        expenditures for meals, entertainment and 
                        refreshments in connection with official 
                        training sessions or other authorized programs 
                        or activities;
                            (8) apply for, receive and use for the 
                        purposes of the Center grants or other 
                        assistance from Federal sources;
                            (9) establish, receive and use for the 
                        purposes of the Center fees or other charges for 
                        goods or services provided in fulfilling the 
                        Center's purposes to persons not enumerated in 
                        section 1104(b) of this title;
                            (10) invest, as specified in section 1105(b) 
                        of this title, moneys authorized to be received 
                        under this section; and
                            (11) make other necessary expenditures.
                (b) Annual Report.--The Center shall submit to Congress 
            an annual report of its operations under this subtitle. 
            (Pub. L. 100-458, Title I, Sec. 119, Oct. 1, 1988, 102 Stat. 
            2176; Pub. L. 101-163, Title III, Sec. 320,

[[Page 534]]

            Nov. 21, 1989, 103 Stat. 1068; Pub. L. 101-520, Title III, 
            Sec. 313(c), Nov. 5, 1990, 104 Stat. 2282.)
            Cross Reference
                Authority of the Library of Congress to provide 
            financial services, see section 142j of title 2, United 
            States Code (Senate Manual Section 323.5).
    399.58
    399.58  Sec. 1109. Authorization for appropriations.
                There are authorized to be appropriated such sums as may 
            be necessary to carry out this chapter. (Pub. L. 100-458, 
            Title I, Sec. 120, Oct. 1, 1988, 102 Stat. 2176.)
    399.59
    399.59  Sec. 1110. Appropriations.
                There is appropriated to the fund the sum of $7,500,000 
            to carry out this chapter. (Oct. 1, 1988, Pub. L. 100-458, 
            Sec. 121, 102 Stat. 2176.)
            
                       Chapter 23.--GOVERNMENT EMPLOYEE RIGHTS

    399.60
    399.60  Sec. 1201. Government Employee Rights Act of 1991.
            (a) Short title
                This chapter may be cited as the ``Government Employee 
            Rights Act of 1991''.
            (b) Purpose
                The purpose of this chapter is to provide procedures to 
            protect the rights of certain government employees, with 
            respect to their public employment, to be free of 
            discrimination on the basis of race, color, religion, sex, 
            national origin, age, or disability.
            (c) Definition
                For purposes of this chapter, the term ``violation'' 
            means a practice that violates section 1202(a) of this 
            title. (Pub. L. 102-166, Title III, Sec. 301, Nov. 21, 1991, 
            105 Stat. 1088; Pub. L. 103-283, Title III, Sec. 312(f)(1), 
            July 22, 1994, 108 Stat. 1446; Pub. L. 104-1, Title V, 
            Sec. 504(a)(1), Jan. 23, 1995, 109 Stat. 40.)
    399.61
    399.61  Sec. 1202. Discriminatory practices prohibited
            (a) Practices
                All personnel actions affecting the Presidential 
            appointees described in section 1219 of this title or the 
            State employees described in section 1220 of this title 
            shall be made free from any discrimination based on--
                            (1) race, color, religion, sex, or national 
                        origin, within the meaning of section 717 of the 
                        Civil Rights Act of 1964 (42 U.S.C. 2000e16);
                            (2) age, within the meaning of section 15 of 
                        the Age Discrimination in Employment Act of 1967 
                        (29 U.S.C. 633a); or
                            (3) disability, within the meaning of 
                        section 501 of the Rehabilitation Act of 1973 
                        (29 U.S.C. 791) and sections 102 through 104 of 
                        the Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12112-14).
            (b) Remedies
                The remedies referred to in sections 1219(a)(1) and 
            1220(a) of this title--

[[Page 535]]

                            (1) may include, in the case of a 
                        determination that a violation of subsection 
                        (a)(1) or (a)(3) of this section has occurred, 
                        such remedies as would be appropriate if awarded 
                        under sections 2000e-5(g), 2000e-5(k), and 
                        2000e-16(d) of title 42, and such compensatory 
                        damages as would be appropriate if awarded under 
                        section 1981 or sections 1981a(a) and 
                        1981a(b)(2) of title 42;
                            (2) may include, in the case of a 
                        determination that a violation of subsection 
                        (a)(2) of this section has occurred, such 
                        remedies as would be appropriate if awarded 
                        under section 633a(c) of title 29; and
                            (3) may not include punitive damages. (Pub. 
                        L. 102-166, Title III, Sec. 302, Nov. 21, 1991, 
                        105 Stat. 1088; Pub. L. 104-1, Title V, 
                        Sec. 504(a)(1), Jan. 23, 1995, 109 Stat. 40.)
            [Secs. 1203 to 1218 Repealed.] (Pub. L. 104-1, Title V, 
                Sec. 504(a)(2), Jan. 23, 1995, 109 Stat. 41.)

  

    399.62
    399.62  Sec. 1219. Repealed. Pub. L. 104-331, Sec. 5(a), (b), Oct 
                26, 1996, 110 Stat. 4072.

  

    399.63
    399.63  Sec. 1220. Coverage of previously exempt State employees.
            (a) Application
                The rights, protections, and remedies provided pursuant 
            to section 1202 of this title shall apply with respect to 
            employment of any individual chosen or appointed, by a 
            person elected to public office in any State or political 
            subdivision of any State by the qualified voters thereof--
                            (1) to be a member of the elected official's 
                        personal staff;
                            (2) to serve the elected official on the 
                        policymaking level; or
                            (3) to serve the elected official as an 
                        immediate advisor with respect to the exercise 
                        of the constitutional or legal powers of the 
                        office.
            (b) Enforcement by administrative action
                (1) In general
                            Any individual referred to in subsection (a) 
                        of this section may file a complaint alleging a 
                        violation, not later than 180 days after the 
                        occurrence of the alleged violation, with the 
                        Equal Employment Opportunity Commission, which, 
                        in accordance with the principles and procedures 
                        set forth in sections 554 through 557 of title 
                        5, United States Code, shall determine whether a 
                        violation has occurred and shall set forth its 
                        determination in a final order. If the Equal 
                        Employment Opportunity Commission determines 
                        that a violation has occurred, the final order 
                        shall also provide for appropriate relief.
                (2) Referral to State and local authorities
                            (A) Application.--Section 2000e-5(d) of 
                        title 42 shall apply with respect to any 
                        proceeding under this section.
                            (B) Definition.--For purposes of the 
                        application described in subparagraph (A), the 
                        term ``any charge filed by a member of the 
                        Commission alleging an unlawful employment 
                        practice'' means a complaint filed under this 
                        section.

[[Page 536]]

            (c) Judicial review
                Any party aggrieved by a final order under subsection 
            (b) of this section may obtain a review of such order under 
            chapter 158 of title 28, United States Code [28 U.S.C. 2341 
            et seq.]. For the purpose of this review, the Equal 
            Employment Opportunity Commission shall be an ``agency'' as 
            that term is used in chapter 158 of title 28, United States 
            Code [28 U.S.C. 2341 et seq.].
            (d) Standard of review
                To the extent necessary to decision and when presented, 
            the reviewing court shall decide all relevant questions of 
            law and interpret constitutional and statutory provisions. 
            The court shall set aside a final order under subsection (b) 
            of this section if it is determined that the order was--
                            (1) arbitrary, capricious, an abuse of 
                        discretion, or otherwise, not consistent with 
                        law;
                            (2) not made consistent with required 
                        procedures; or
                            (3) unsupported by substantial evidence.
                In making the foregoing determinations, the court shall 
            review the whole record or those parts of it cited by a 
            party, and due account shall be taken of the rule of 
            prejudicial error.
            (e) Attorney's fees
                If the individual referred to in subsection (a) of this 
            section is the prevailing party in a proceeding under this 
            subsection, attorney's fees may be allowed by the court in 
            accordance with the standards prescribed under section 
            2000e-5(k) of title 42. (Pub. L. 102-166, Title III, 
            Sec. 304, formerly Sec. 321, renumbered Sec. 304, and 
            amended Pub. L. 104-1, Title V, Sec. 504(a)(3), (4), Jan. 
            23, 1995, 109 Stat. 41.)
            [Secs. 1221 to 1224 Repealed.] (Pub. L. 104-1, Title V, 
                Sec. 504(a)(2), Jan. 23, 1995, 109 Stat. 41.)

  

    399.70
    399.70  
                      Chapter 24.--CONGRESSIONAL ACCOUNTABILITY

            
                               Subchapter I.--General

  399.70-1
  399.70-1  Sec. 1301.1 Definitions.
                Except as otherwise specifically provided in this 
            chapter, as used in this chapter:
                            (1) Board

                                The term ``Board'' means the Board of 
                            Directors of the Office of Compliance.

                            (2) Chair

                                The term ``Chair'' means the Chair of 
                            the Board of Directors of the Office of 
                            Compliance.

                            (3) Covered employee

                                The term ``covered employee'' means any 
                            employee of--

                                        (A) the House of 
                                    Representatives;

                                        (B) the Senate;

                                        (C) the Capitol Guide Service;

                                        (D) the Capitol Police;

                                        (E) the Congressional Budget 
                                    Office;

                                        (F) the Office of the Architect 
                                    of the Capitol;

                                        (G) the Office of the Attending 
                                    Physician;

[[Page 537]]

                                        (H) the Office of Compliance; or

                                        (I) the Office of Technology 
                                    Assessment.

                             (4) Employee

                                The term ``employee'' includes an 
                            applicant for employment and a former 
                            employee.

                            (5) Employee of the Office of the Architect 
                        of the Capitol

                                The term ``employee of the Office of the 
                            Architect of the Capitol'' includes any 
                            employee of the Office of the Architect of 
                            the Capitol, the Botanic Garden, or the 
                            Senate Restaurants.

                            (6) Employee of the Capitol Police

                                The term ``employee of the Capitol 
                            Police'' includes any member or officer of 
                            the Capitol Police.

                            (7) Employee of the House of Representatives

                                The term ``employee of the House of 
                            Representatives'' includes an individual 
                            occupying a position the pay for which is 
                            disbursed by the Clerk of the House of 
                            Representatives, or another official 
                            designated by the House of Representatives, 
                            or any employment position in an entity that 
                            is paid with funds derived from the clerk-
                            hire allowance of the House of 
                            Representatives but not any such individual 
                            employed by any entity listed in 
                            subparagraphs (C) through (I) of paragraph 
                            (3).

                            (8) Employee of the Senate

                                The term ``employee of the Senate'' 
                            includes any employee whose pay is disbursed 
                            by the Secretary of the Senate, but not any 
                            such individual employed by any entity 
                            listed in subparagraphs (C) through (1) of 
                            paragraph (3).

                            (9) Employing office

                                The term ``employing office'' means--

                                        (A) the personal office of a 
                                    Member of the House of 
                                    Representatives or of a Senator;

                                        (B) a committee of the House of 
                                    Representatives or the Senate or a 
                                    joint committee;

                                        (C) any other office headed by a 
                                    person with the final authority to 
                                    appoint, hire, discharge, and set 
                                    the terms, conditions, or privileges 
                                    of the employment of an employee of 
                                    the House of Representatives or the 
                                    Senate; or

                                        (D) the Capitol Guide Board, the 
                                    Capitol Police Board, the 
                                    Congressional Budget Office, the 
                                    Office of the Architect of the 
                                    Capitol, the Office of the Attending 
                                    Physician, the Office of Compliance, 
                                    and the Office of Technology 
                                    Assessment.

                            (10) Executive Director

                                The term ``Executive Director'' means 
                            the Executive Director of the Office of 
                            Compliance.

                            (11) General Counsel

                                The term ``General Counsel'' means the 
                            General Counsel of the Office of Compliance.

                            (12) Office

                                The term ``Office'' means the Office of 
                            Compliance. (Pub. L. 104-1, Title I, 
                            Sec. 101, Jan. 23, 1995, 109 Stat. 4.)

[[Page 538]]


  399.70-2
  399.70-2  Sec. 1302. Application of laws.
             (a) Laws made applicable
                The following laws shall apply, as prescribed by this 
            chapter, to the legislative branch of the Federal 
            Government:
                            (1) The Fair Labor Standards Act of 1938 (29 
                        U.S.C. 201 et seq.).
                            (2) Title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.).
                            (3) The Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.)
                            (4) The Age Discrimination in Employment Act 
                        of 1967 (29 U.S.C. 621 et seq.).
                            (5) The Family and Medical Leave Act of 1993 
                        (29 U.S.C. 2611 et seq.).
                            (6) The Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.).
                            (7) Chapter 71 (relating to Federal service 
                        labor-management relations) of title 5.
                            (8) The Employee Polygraph Protection Act of 
                        1988 (29 U.S.C. 2001 et seq.).
                            (9) The Worker Adjustment and Retraining 
                        Notification Act (29 U.S.C. 2101 et seq.).
                            (10) The Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.).
                            (11) Chapter 43 (relating to veterans' 
                        employment and reemployment) of title 38.
            (b) Laws which may be made applicable
                 (1) In general
                            The Board shall review provisions of Federal 
                        law (including regulations) relating to (A) the 
                        terms and conditions of employment (including 
                        hiring, promotion, demotion, termination, 
                        salary, wages, overtime compensation, benefits, 
                        work assignments or reassignments, grievance and 
                        disciplinary procedures, protection from 
                        discrimination in personnel actions, 
                        occupational health and safety, and family and 
                        medical and other leave) of employees, and (B) 
                        access to public services and accommodations.
                (2) Board report
                            Beginning on December 31, 1996, and every 2 
                        years thereafter, the Board shall report on (A) 
                        whether or to what degree the provisions 
                        described in paragraph (1) are applicable or 
                        inapplicable to the legislative branch, and (B) 
                        with respect to provisions inapplicable to the 
                        legislative branch, whether such provisions 
                        should be made applicable to the legislative 
                        branch. The presiding officers of the House of 
                        Representatives and the Senate shall cause each 
                        such report to be printed in the Congressional 
                        Record and each such report shall be referred to 
                        the committees of the House of Representatives 
                        and the Senate with jurisdiction.
                (3) Reports of congressional committees
                            Each report accompanying any bill or joint 
                        resolution relating to terms and conditions of 
                        employment or access to public services or 
                        accommodations reported by a committee of the 
                        House of Representatives or the Senate shall--

                                (A) describe the manner in which the 
                            provisions of the bill or joint resolution 
                            apply to the legislative branch; or

[[Page 539]]

                                (B) in the case of a provision not 
                            applicable to the legislative branch, 
                            include a statement of the reasons the 
                            provisions does not apply.

                            On the objection of any Member, it shall not 
                        be in order for the Senate or the House of 
                        Representatives to consider any such bill or 
                        joint resolution if the report of the committee 
                        on such bill or joint resolution does not comply 
                        with the provisions of this paragraph. This 
                        paragraph may be waived in either House by 
                        majority vote of that House. (Pub. L. 104-1, 
                        Title I, Sec. 102, Jan. 23, 1995, 109 Stat. 5.)
    399.71
    399.71  
                 Subchapter II.--Extension of Rights and Protections

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

  399.71-1
  399.71-1  Sec. 1311. Rights and protections under Title VII of the 
                Civil Rights Act of 1964, the Age Discrimination in 
                Employment Act of 1967, the Rehabilitation Act of 1973, 
                and Title I of the Americans With Disabilities Act of 
                1990.
            (a) Discriminatory practices prohibited
                All personnel actions affecting covered employees shall 
            be made free from any discrimination based on--
                            (1) race, color, religion, sex, or national 
                        origin, within the meaning of section 703 of the 
                        Civil Rights Act of 1964 (42 U.S.C. 2000e-2);
                            (2) age, within the meaning of section 15 of 
                        the Age Discrimination in Employment Act of 1967 
                        (29 U.S.C. 633a); or
                            (3) disability, within the meaning of 
                        section 501 of the Rehabilitation Act of 1973 
                        (29 U.S.C. 791) and sections 102 through 104 of 
                        the Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12112-12114).
            (b) Remedy
                (1) Civil rights
                            The remedy for a violation of subsection 
                        (a)(1) of this section shall be--

                                (A) such remedy as would be appropriate 
                            if awarded under section 706(g) of the Civil 
                            Rights Act of 1964 (42 U.S.C. 2000e5(g)); 
                            and

                                (B) such compensatory damages as would 
                            be appropriate if awarded under section 1977 
                            of the Revised Statutes (42 U.S.C. 1981), or 
                            as would be appropriate if awarded under 
                            sections 1977A(a)(1), 1977A(b)(2), and, 
                            irrespective of the size of the employing 
                            office, 1977A(b)(3)(D) of the Revised 
                            Statutes (42 U.S.C. 198la(a)(1), 
                            198la(b)(2), and 198la(b)(3)(D)).

                (2) Age discrimination
                            The remedy for a violation of subsection 
                        (a)(2) of this section shall be--

                                (A) such remedy as would be appropriate 
                            if awarded under section 15(c) of the Age 
                            Discrimination in Employment Act of 1967 (29 
                            U.S.C. 633a(c)); and

[[Page 540]]

                                (B) such liquidated damages as would be 
                            appropriate if awarded under section 7(b) of 
                            such Act (29 U.S.C. 626(b)).

                In addition, the waiver provisions of section 7(f) of 
            such Act (29 U.S.C. 626(f)) shall apply to covered 
            employees.
                (3) Disabilities discrimination

                                The remedy for a violation of subsection 
                            (a)(3) of this section shall be--

                                        (A) such remedy as would be 
                                    appropriate if awarded under section 
                                    505(a)(1) of the Rehabilitation Act 
                                    of 1973 (29 U.S.C. 794a(a)(1) or 
                                    section 107(a) of the Americans with 
                                    Disabilities Act of 1990 (42 U.S.C. 
                                    12117(a)); and

                                        (B) such compensatory damages as 
                                    would be appropriate if awarded 
                                    under sections 1977A(a)(2), 
                                    1977A(a)(3), 1977A(b)(2), and, 
                                    irrespective of the size of the 
                                    employing office, 1977A(b)(3)(D) of 
                                    the Revised Statutes (42 U.S.C. 
                                    1981a(a)(2), 1981a(a)(3), 
                                    1981a(b)(2), and 1981a(b)(3)(D)).

            (c) Omitted
            (d) Effective date
                This section shall take effect 1 year after January 23, 
            1995. (Pub. L. 104-1, Title II, Sec. 201, Jan. 23, 1995, 109 
            Stat. 7.)
  399.71-2
  399.71-2  Sec. 1312. Rights and protections under the Family and 
                Medical Leave Act of 1993.
            (a) Family and medical leave rights and protections provided
                (1) In general
                            The rights and protections established by 
                        sections 101 through 105 of the Family and 
                        Medical Leave Act of 1993 (29 U.S.C. 2611 
                        through 2615) shall apply to covered employees.
                (2) Definition
                            For purposes of the application described in 
                        paragraph (1)--

                                (A) the term ``employer'' as used in the 
                            Family and Medical Leave Act of 1993 means 
                            any employing office, and

                                (B) the term ``eligible employee'' as 
                            used in the Family and Medical Leave Act of 
                            1993 means a covered employee who has been 
                            employed in any employing office for 12 
                            months and for at least 1,250 hours of 
                            employment during the previous 12 months.

            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy, including liquidated damages, 
            as would be appropriate if awarded under paragraph (1) of 
            section 107(a) of the Family and Medical Leave Act of 1993 
            (29 U.S.C. 2617(a)(1)).
            (c) Omitted
            (d) Regulations
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement the 
                        rights and protections under this section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor

[[Page 541]]

                        to implement the statutory provisions referred 
                        to in subsection (a) of this section except 
                        insofar as the Board may determine, for good 
                        cause shown and stated together with the 
                        regulation that a modification of such 
                        regulations would be more effective for the 
                        implementation of the rights and protections 
                        under this section.
            (e) Effective date
                (1) In general
                            Subsections (a) and (b) of this section 
                        shall be effective 1 year after January 23, 
                        1995.
                (2) General Accounting Office and Library of Congress
                            Subsection (c) of this section shall be 
                        effective 1 year after transmission to the 
                        Congress of the study under section 1371 of this 
                        title. (Pub. L. 104-1, Title II, Sec. 202, Jan. 
                        23, 1995, 109 Stat. 9.)
  399.71-3
  399.71-3  Sec. 1313. Rights and protections under the Fair Labor 
                Standards Act of 1938.
            (a) Fair labor standards
                (1) In general
                            The rights and protections established by 
                        subsections (a)(1) and (d) of section 6, section 
                        7, and section 12(c) of the Fair Labor Standards 
                        Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 
                        212(c)) shall apply to covered employees.
                (2) Interns
                            For the purposes of this section, the term 
                        ``covered employee'' does not include an intern 
                        as defined in regulations under subsection (c) 
                        of this section.
                (3) Compensatory time
                            Except as provided in regulations under 
                        subsection (c)(3) of this section and subsection 
                        (c)(4) of this section, covered employees may 
                        not receive compensatory time in lieu of 
                        overtime compensation.
            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy, including liquidated damages, 
            as would be appropriate if awarded under section 16(b) of 
            the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
            (c) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            Except as provided in paragraph (3), the 
                        regulations issued under paragraph (1) shall be 
                        the same substantive regulations promulgated by 
                        the Secretary of Labor to implement the 
                        statutory provisions referred to in subsection 
                        (a) of this section except insofar as the Board 
                        may determine, for good cause shown and stated 
                        together with the regulation, that a 
                        modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
                (3) Irregular work schedules
                            The Board shall issue regulations for 
                        covered employees whose work schedules directly 
                        depend on the schedule of the House of

[[Page 542]]

                        Representatives or the Senate that shall be 
                        comparable to the provisions in the Fair Labor 
                        Standards Act of 1938 that apply to employees 
                        who have irregular work schedules.
                (4) Law enforcement
                            Law enforcement personnel of the Capitol 
                        Police who are subject to the exemption under 
                        section 7(k) of the Fair Labor Standards Act of 
                        1938 (29 U.S.C. 207(k)) may elect to receive 
                        compensatory time off in lieu of overtime 
                        compensation for hours worked in excess of the 
                        maximum for their work period.
            (d) Omitted. (Codified at 29 U.S.C. 203)
            (e) Effective date
                Subsections (a) and (b) of this section shall be 
            effective 1 year after January 23, 1995. (Pub. L. 104-1, 
            Title II, Sec. 203, Jan. 23, 1995, 109 Stat. 10; Pub. L. 
            104-197, Title III, Sec. 312, Sept. 16, 1996, 110 Stat. 
            2415.)
  399.71-4
  399.71-4  Sec. 1314. Rights and protections under the Employee 
                Polygraph Protection Act of 1988.
            (a) Polygraph practices prohibited
                (1) In general
                            No employing office, irrespective of whether 
                        a covered employee works in that employing 
                        office, may require a covered employee to take a 
                        lie detector test where such a test would be 
                        prohibited if required by an employer under 
                        paragraph (1), (2), or (3) of section 3 of the 
                        Employee Polygraph Protection Act of 1988 (29 
                        U.S.C. 2002 (1), (2), or (3)). In addition, the 
                        waiver provisions of section 6(d) of such Act 
                        (29 U.S.C. 2005(d)) shall apply to covered 
                        employees.
                (2) Definitions
                            For purposes of this section, the term 
                        ``covered employee'' shall include employees of 
                        the General Accounting Office and the Library of 
                        Congress and the term ``employing office'' shall 
                        include the General Accounting Office and the 
                        Library of Congress.
                (3) Capitol Police
                            Nothing in this section shall preclude the 
                        Capitol Police from using lie detector tests in 
                        accordance with regulations under subsection (c) 
                        of this section.
            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy as would be appropriate if 
            awarded under section 6(c)(l) of the Employee Polygraph 
            Protection Act of 1988 (29 U.S.C. 2005(c)(1)).
            (c) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsections (a) and (b) of this section 
                        except insofar as the Board may determine, for 
                        good cause shown and stated together with the 
                        regulation, that

[[Page 543]]

                        a modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
            (d) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a) and (b) of this section shall be 
                        effective 1 year after January 23, 1995.
                (2) General Accounting Office and Library of Congress
                            This section shall be effective with respect 
                        to the General Accounting Office and the Library 
                        of Congress 1 year after transmission to the 
                        Congress of the study under section 1371 of this 
                        title. (Pub. L. 104-1, Title II, Sec. 204, Jan. 
                        23, 1995, 109 Stat. 10.)
  399.71-5
  399.71-5  Sec. 1315. Rights and protections under the Worker 
                Adjustment and Retraining Notification Act.
            (a) Worker adjustment and retraining notification rights
                (1) In general
                            No employing office shall be closed or a 
                        mass layoff ordered within the meaning of 
                        section 3 of the Worker Adjustment and 
                        Retraining Notification Act (29 U.S.C. 2102) 
                        until the end of a 60-day period after the 
                        employing office serves written notice of such 
                        prospective closing or layoff to representatives 
                        of covered employees or, if there are no 
                        representatives, to covered employees.
                (2) Definitions
                            For purposes of this section, the term 
                        ``covered employee'' shall include employees of 
                        the General Accounting Office and the Library of 
                        Congress and the term ``employing office'' shall 
                        include the General Accounting Office and the 
                        Library of Congress.
            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy as would be appropriate if 
            awarded under paragraphs (1), (2), and (4) of section 5(a) 
            of the Worker Adjustment and Retraining Notification Act (29 
            U.S.C. 2104(a) (1), (2), and (4)).
            (c) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsection (a) of this section except insofar 
                        as the Board may determine, for good cause shown 
                        and stated together with the regulation, that a 
                        modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
            (d) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a) and (b) of this section shall be 
                        effective 1 year after January 23, 1995.
                (2) General Accounting Office and Library of Congress

[[Page 544]]

                            This section shall be effective with respect 
                        to the General Accounting Office and the Library 
                        of Congress 1 year after transmission to the 
                        Congress of the study under section 1371 of this 
                        title. (Pub. L. 104-1, Title II, Sec. 205, Jan. 
                        23, 1995, 109 Stat. 11.)
  399.71-6
  399.71-6  Sec. 1316. Rights and protections relating to veterans' 
                employment and reemployment.
            (a) Employment and reemployment rights of members of the 
                uniformed services
                (1) In general
                            It shall be unlawful for an employing office 
                        to--

                                (A) discriminate, within the meaning of 
                            subsections (a) and (b) of section 4311 of 
                            title 38, against an eligible employee;

                                (B) deny to an eligible employee 
                            reemployment rights within the meaning of 
                            sections 4312 and 4313 of title 38; or

                                (C) deny to an eligible employee 
                            benefits within the meaning of sections 
                            4316, 4317, and 4318 of title 38.

                (2) Definitions
                            For purposes of this section--

                                (A) the term ``eligible employee'' means 
                            a covered employee performing service in the 
                            uniformed services, within the meaning of 
                            section 4303(13) of title 38, whose service 
                            has not been terminated upon occurrence of 
                            any of the events enumerated in section 4304 
                            of title 38,

                                (B) the term ``covered employee'' 
                            includes employees of the General Accounting 
                            Office and the Library of Congress, and--

                                (C) the term ``employing office'' 
                            includes the General Accounting office and 
                            the Library of Congress.

            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy as would be appropriate if 
            awarded under paragraphs (1), (2)(A), and (3) of section 
            4323(c) of title 38.
            (c) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsection (a) of this section except to the 
                        extent that the Board may determine, for good 
                        cause shown and stated together with the 
                        regulation, that a modification of such 
                        regulations would be more effective for the 
                        implementation of the rights and protections 
                        under this section.
            (d) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a) and (b) of this section shall be 
                        effective 1 year after January 23, 1995.
                (2) General Accounting Office and Library of Congress
                            This section shall be effective with respect 
                        to the General Accounting Office and the Library 
                        of Congress 1 year after transmission

[[Page 545]]

                        to the Congress of the study under section 1371 
                        of this title. (Pub. L. 104-1, Title II, 
                        Sec. 206, Jan. 23, 1995, 109 Stat. 12.)
 399.71-6a
 399.71-6a  1316a. Legislative branch appointments.
                (1) Definitions
                            For the purpose of this section, the terms 
                        ``covered employee'' and ``Board'' shall each 
                        have the meaning given such term by section 101 
                        of the Congressional Accountability Act of 1995 
                        (2 U.S.C. 1301).
                (2) Rights and protections
                            The rights and protections established under 
                        section 2108, sections 3309 through 3312, and 
                        subchapter I of chapter 35 [5 U.S.C.A. Sec. 3501 
                        et seq.], of title 5 shall apply to covered 
                        employees.
                (3) Remedies
                            (A) In general

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

                            (B) Procedure

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

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

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

                            (B) Agency regulations

                                The regulations issued under 
                            subparagraph (A) shall be the same as the 
                            most relevant substantive regulations 
                            (applicable with respect to the executive 
                            branch) promulgated to implement the 
                            statutory provisions referred to in 
                            paragraph (2) except insofar as the Board 
                            may determine, for good cause shown and 
                            stated together with the regulation, that a 
                            modification of such regulations would be 
                            more effective for the implementation of 
                            rights and protection under this section.

                            (C) Coordination

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

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

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

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

[[Page 546]]

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

                (6) Effective date
                            Paragraphs (2) and (3) shall be effective as 
                        of the effective date of regulations under 
                        paragraph (4). (Pub. L. 105-339, Sec. 4(c), Oct. 
                        31, 1998, 112 Stat. 3185.)
  399.71-7
  399.71-7  Sec. 1317. Prohibition of intimidation or reprisal.
            (a) In general
                It shall be unlawful for an employing office to 
            intimidate, take reprisal against, or otherwise discriminate 
            against, any covered employee because the covered employee 
            has opposed any practice made unlawful by this chapter, or 
            because the covered employee has initiated proceedings, made 
            a charge, or testified, assisted, or participated in any 
            manner in a hearing or other proceeding under this chapter.
            (b) Remedy
                The remedy available for a violation of subsection (a) 
            of this section shall be such legal or equitable remedy as 
            may be appropriate to redress a violation of subsection (a) 
            of this section. (Pub. L. 104-1, Title II, Sec. 207, Jan. 
            23, 1995, 109 Stat. 13.)
            
               Part B.--Public Services and Accommodations Under the 
                      Americans With Disabilities Act of 1990

    399.72
    399.72  Sec. 1331. Rights and protections under the Americans With 
                Disabilities Act of 1990 relating to public services and 
                accommodations; procedures for remedy of violations.
            (a) Entities subject to this section
                The requirements of this section shall apply to--
                            (1) each office of the Senate, including 
                        each office of a Senator and each committee;
                            (2) each office of the House of 
                        Representatives, including each office of a 
                        Member of the House of Representatives and each 
                        committee;
                            (3) each joint committee of the Congress;
                            (4) the Capitol Guide Service;
                            (5) the Capitol Police;
                            (6) the Congressional Budget Office;
                            (7) the Office of the Architect of the 
                        Capitol (including the Senate Restaurants and 
                        the Botanic Garden);
                            (8) the Office of the Attending Physician;
                            (9) the Office of Compliance; and
                            (10) the Office of Technology Assessment.
            (b) Discrimination in public services and accommodations
                (1) Rights and protections
                            The rights and protections against 
                        discrimination in the provision of public 
                        services and accommodations established by 
                        sections 201 through 230, 302, 303, and 309 of 
                        the Americans With Disabilities Act of 1990 (42 
                        U.S.C. 12131-12150, 12182, 12183, and 12189) 
                        shall apply to the entities listed in subsection 
                        (a) of this section.
                (2) Definitions

[[Page 547]]

                            For purposes of the application of title II 
                        of the Americans With Disabilities Act of 1990 
                        (42 U.S.C. 12131 et seq.) under this section, 
                        the term ``public entity'' means any entity 
                        listed in subsection (a) of this section that 
                        provides public services, programs, or 
                        activities.
            (c) Remedy
                            The remedy for a violation of subsection (b) 
                        of this section shall be such remedy as would be 
                        appropriate if awarded under section 203 or 
                        308(a) of the Americans With Disabilities Act of 
                        1990 (42 U.S.C. 12133, 12188(a)), except that, 
                        with respect to any claim of employment 
                        discrimination asserted by any covered employee, 
                        the exclusive remedy shall be under section 1311 
                        of this title.
            (d) Available procedures
                (1) Charge filed with General Counsel
                            A qualified individual with a disability, as 
                        defined in section 201(2) of the Americans With 
                        Disabilities Act of 1990 (42 U.S.C. 12131(2)), 
                        who alleges a violation of subsection (b) of 
                        this section by an entity listed in subsection 
                        (a) of this section, may file a charge against 
                        any entity responsible for correcting the 
                        violation with the General Counsel within 180 
                        days of the occurrence of the alleged violation. 
                        The General Counsel shall investigate the 
                        charge.
                (2) Mediation
                            If, upon investigation under paragraph (1), 
                        the General Counsel believes that a violation of 
                        subsection (b) of this section may have occurred 
                        and that mediation may be helpful in resolving 
                        the dispute, the General Counsel may request, 
                        but not participate in, mediation under 
                        subsections (b) through (d) of section 1403 of 
                        this title between the charging individual and 
                        any entity responsible for correcting the 
                        alleged violation.
                (3) Complaint, hearing, Board review
                            If mediation under paragraph (2) has not 
                        succeeded in resolving the dispute, and if the 
                        General Counsel believes that a violation of 
                        subsection (b) of this section may have 
                        occurred, the General Counsel may file with the 
                        Office a complaint against any entity 
                        responsible for correcting the violation. The 
                        complaint shall be submitted to a hearing 
                        officer for decision pursuant to subsections (b) 
                        through (h) of section 1405 of this title and 
                        any person who has filed a charge under 
                        paragraph (1) may intervene as of right, with 
                        the full rights of a party. The decision of the 
                        hearing officer shall be subject to review by 
                        the Board pursuant to section 1406 of this 
                        title.
                (4) Judicial review
                            A charging individual who has intervened 
                        under paragraph (3) or any respondent to the 
                        complaint, if aggrieved by a final decision of 
                        the Board under paragraph (3), may file a 
                        petition for review in the United States Court 
                        of Appeals for the Federal Circuit, pursuant to 
                        section 1407 of this title.
                (5) Compliance date
                            If new appropriated funds are necessary to 
                        comply with an order requiring correction of a 
                        violation of subsection (b) of this section, 
                        compliance shall take place as soon as possible, 
                        but no later than the fiscal year following the 
                        end of the fiscal year in which the

[[Page 548]]

                        order requiring correction becomes final and not 
                        subject to further review.
            (e) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Attorney General and the 
                        Secretary of Transportation to implement the 
                        statutory provisions referred to in subsection 
                        (b) of this section except to the extent that 
                        the Board may determine, for good cause shown 
                        and stated together with the regulation, that a 
                        modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
                (3) Entity responsible for correction
                            The regulations issued under paragraph (1) 
                        shall include a method of identifying, for 
                        purposes of this section and for categories of 
                        violations of subsection (b) of this section, 
                        the entity responsible for correction of a 
                        particular violation.
            (f) Periodic inspections; report to Congress; initial study
                (1) Periodic inspections
                            On a regular basis, and at least once each 
                        Congress, the General Counsel shall inspect the 
                        facilities of the entities listed in subsection 
                        (a) of this section to ensure compliance with 
                        subsection (b) of this section.
                (2) Report
                            On the basis of each periodic inspection, 
                        the General Counsel shall, at least once every 
                        Congress, prepare and submit a report--

                                (A) to the Speaker of the House of 
                            Representatives, the President pro tempore 
                            of the Senate, and the Office of the 
                            Architect of the Capitol, or other entity 
                            responsible, for correcting the violation of 
                            this section uncovered by such inspection, 
                            and

                                (B) containing the results of the 
                            periodic inspection, describing any steps 
                            necessary to correct any violation of this 
                            section, assessing any limitations in 
                            accessibility to and usability by 
                            individuals with disabilities associated 
                            with each violation, and the estimated cost 
                            and time needed for abatement.

                (3) Initial period for study and corrective action
                            The period from January 23, 1995 until 
                        December 31, 1996, shall be available to the 
                        Office of the Architect of the Capitol and other 
                        entities subject to this section to identify any 
                        violations of subsection (b) of this section, to 
                        determine the costs of compliance, and to take 
                        any necessary corrective action to abate any 
                        violations. The Office shall assist the Office 
                        of the Architect of the Capitol and other 
                        entities listed in subsection (a) of this 
                        section by arranging for inspections and other 
                        technical assistance at their request. Prior to 
                        July 1, 1996, the General Counsel shall conduct 
                        a thorough inspection under paragraph (1) and 
                        shall submit the report under paragraph (2) for 
                        the One Hundred Fourth Congress.
                (4) Detailed personnel

[[Page 549]]

                            The Attorney General, the Secretary of 
                        Transportation, and the Architectural and 
                        Transportation Barriers Compliance Board may, on 
                        request of the Executive Director, detail to the 
                        Office such personnel as may be necessary to 
                        advise and assist the Office in carrying out its 
                        duties under this section.
            (g) Omitted. (Codified at 42 U.S.C. 12209)
            (h) Effective date
                (1) In general
                            Subsections (b), (c), and (d) of this 
                        section shall be effective on January 1, 1997.
                (2) General Accounting Office, Government Printing 
            Office, and Library of Congress
                            Subsection (g) of this section shall be 
                        effective 1 year after transmission to the 
                        Congress of the study under section 1371 of this 
                        title. (Pub. L. 104-1, Title II, Sec. 210, Jan. 
                        23, 1995, 109 Stat. 13.)
    399.73
    399.73  
                 Part C.--Occupational Safety and Health Act of 1970

  399.73-1
  399.73-1  Sec. 1341. Rights and protections under the Occupational 
                Safety and Health Act of 1970; procedures for remedy of 
                violations.
            (a) Occupational safety and health protections
                (1) In general
                            Each employing office and each covered 
                        employee shall comply with the provisions of 
                        section 5 of the Occupational Safety and Health 
                        Act of 1970 (29 U.S.C. 654).
                (2) Definitions
                            For purposes of the application under this 
                        section of chapter 15 of title 29--

                                (A) the term ``employer'' as used in 
                            such chapter means an employing office;

                                (B) the term ``employee'' as used in 
                            such chapter means a covered employee;

                                (C) the term ``employing office'' 
                            includes the General Accounting Office, the 
                            Library of Congress, and any entity listed 
                            in subsection (a) of section 1331 of this 
                            title that is responsible for correcting a 
                            violation of this section, irrespective of 
                            whether the entity has an employment 
                            relationship with any covered employee in 
                            any employing office in which such a 
                            violation occurs; and

                                (D) the term ``employee'' includes 
                            employees of the General Accounting Office 
                            and the Library of Congress.

            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be an order to correct the violation, 
            including such order as would be appropriate if issued under 
            section 13(a) of the Occupational Safety and Health Act of 
            1970 (29 U.S.C. 662(a)).
            (c) Procedures
                (1) Requests for inspections
                            Upon written request of any employing office 
                        or covered employee, the General Counsel shall 
                        exercise the authorities granted to the 
                        Secretary of Labor by subsections (a), (d), (e), 
                        and (f) of section

[[Page 550]]

                        8 of the Occupational Safety and Health Act of 
                        1970 (29 U.S.C. 657 (a), (d), (e), and (f) to 
                        inspect and investigate places of employment 
                        under the jurisdiction of employing offices.
                (2) Citations, notices, and notifications
                            For purposes of this section, the General 
                        Counsel shall exercise the authorities granted 
                        to the Secretary of Labor in sections 9 and 10 
                        of the Occupational Safety and Health Act of 
                        1970 (29 U.S.C. 658 and 659), to issue--

                                (A) a citation or notice to any 
                            employing office responsible for correcting 
                            a violation of subsection (a) of this 
                            section; or

                                (B) a notification to any employing 
                            office that the General Counsel believes has 
                            failed to correct a violation for which a 
                            citation has been issued within the period 
                            permitted for its correction.

                (3) Hearings and review
                            If after issuing a citation or notification, 
                        the General Counsel determines that a violation 
                        has not been corrected, the General Counsel may 
                        file a complaint with the Office against the 
                        employing office named in the citation or 
                        notification. The complaint shall be submitted 
                        to a hearing officer for decision pursuant to 
                        subsections (b) through (h) of section 1405 of 
                        this title, subject to review by the Board 
                        pursuant to section 1406 of this title.
                (4) Variance procedures
                            An employing office may request from the 
                        Board an order granting a variance from a 
                        standard made applicable by this section. For 
                        the purposes of this section, the Board shall 
                        exercise the authorities granted to the 
                        Secretary of Labor in sections 6(b)(6) and 6(d) 
                        of the Occupational Safety and Health Act of 
                        1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on 
                        any employing office's request for a variance. 
                        The Board shall refer the matter to a hearing 
                        officer pursuant to subsections (b) through (h) 
                        of section 1405 of this title, subject to review 
                        by the Board pursuant to section 1406 of this 
                        title.
                (5) Judicial review
                            The General Counsel or employing office 
                        aggrieved by a final decision of the Board under 
                        paragraph (3) or (4), may file a petition for 
                        review with the United States Court of Appeals 
                        for the Federal Circuit pursuant to section 1407 
                        of this title.
                (6) Compliance date
                            If new appropriated funds are necessary to 
                        correct a violation of subsection (a) of this 
                        section for which a citation is issued, or to 
                        comply with an order requiring correction of 
                        such a violation, correction or compliance shall 
                        take place as soon as possible, but not later 
                        than the end of the fiscal year following the 
                        fiscal year in which the citation is issued or 
                        the order requiring correction becomes final and 
                        not subject to further review.
            (d) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsection (a)

[[Page 551]]

                        of this section except to the extent that the 
                        Board may determine, for good cause shown and 
                        stated together with the regulation, that a 
                        modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
                (3) Employing office responsible for correction
                            The regulations issued under paragraph (1) 
                        shall include a method of identifying, for 
                        purposes of this section and for different 
                        categories of violations of subsection (a), the 
                        employing office responsible for correction of a 
                        particular violation.
            (e) Periodic inspections; report to Congress
                (1) Periodic inspections
                            On a regular basis, and at least once each 
                        Congress, the General Counsel, exercising the 
                        same authorities of the Secretary of Labor as 
                        under subsection (c)(1) of this section, shall 
                        conduct periodic inspections of all facilities 
                        of the House of Representatives, the Senate, the 
                        Capitol Guide Service, the Capitol Police, the 
                        Congressional Budget Office, the Office of the 
                        Architect of the Capitol, the Office of the 
                        Attending Physician, the Office of Compliance, 
                        the Office of Technology Assessment, the Library 
                        of Congress, and the General Accounting Office 
                        to report on compliance with subsection (a) of 
                        this section.
                (2) Report
                            On the basis of each periodic inspection, 
                        the General Counsel shall prepare and submit a 
                        report--

                                (A) to the Speaker of the House of 
                            Representatives, the President pro tempore 
                            of the Senate, and the Office of the 
                            Architect of the Capitol or other employing 
                            office responsible for correcting the 
                            violation of this section uncovered by such 
                            inspection, and

                                (B) containing the results of the 
                            periodic inspection, identifying the 
                            employing office responsible for correcting 
                            the violation of this section uncovered by 
                            such inspection, describing any steps 
                            necessary to correct any violation of this 
                            section, and assessing any risks to employee 
                            health and safety associated with any 
                            violation.

                (3) Action after report
                            If a report identifies any violation of this 
                        section, the General Counsel shall issue a 
                        citation or notice in accordance with subsection 
                        (c)(2)(A) of this section.
                (4) Detailed personnel
                            The Secretary of Labor may, on request of 
                        the Executive Director, detail to the Office 
                        such personnel as may be necessary to advise and 
                        assist the Office in carrying out its duties 
                        under this section.
            (f) Initial period for study and corrective action
                The period from January 23, 1995 until December 31, 
            1996, shall be available to the Office of the Architect of 
            the Capitol and other employing offices to identify any 
            violations of subsection (a) of this section, to determine 
            the costs of compliance, and to take any necessary 
            corrective action to abate any violations. The Office shall 
            assist the Office of the Architect of the Capitol and other 
            employing offices by arranging for inspections and other 
            technical assistance at their request. Prior to July 1, 
            1996, the General Counsel shall conduct a thorough 
            inspection under subsection (e)(1) of this section and shall 
            submit the

[[Page 552]]

            report under subsection (e)(2) of this section for the One 
            Hundred Fourth Congress.
            (g) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a), (b), (c), and (e)(3) of this 
                        section shall be effective on January 1, 1997.
                (2) General Accounting Office and Library of Congress
                            This section shall be effective with respect 
                        to the General Accounting Office and the Library 
                        of Congress 1 year after transmission to the 
                        Congress of the study under section 1371 of this 
                        title. (Pub. L. 104-1, Title II, Sec. 215, Jan. 
                        23, 1995, 109 Stat. 16.)
    399.74
    399.74  
                         Part D.--Labor-Management Relations

  399.74-1
  399.74-1  Sec. 1351. Application of chapter 71 of title 5, relating to 
                Federal service labor-management relations; procedures 
                for remedy of violations.
            (a) Labor-management rights
                (1) In general
                            The rights, protections, and 
                        responsibilities established under sections 
                        7102, 7106, 7111 through 7117, 7119 through 
                        7122, and 7131 of title 5, shall apply to 
                        employing offices and to covered employees and 
                        representatives of those employees.
                (2) Definition
                            For purposes of the application under this 
                        section of the sections referred to in paragraph 
                        (1), the term ``agency'' shall be deemed to 
                        include an employing office.
            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy, including a remedy under 
            section 7118(a)(7) of title 5, as would be appropriate if 
            awarded by the Federal Labor Relations Authority to remedy a 
            violation of any provision made applicable by subsection (a) 
            of this section.
            (c) Authorities and procedures for implementation and 
                enforcement
                (1) General authorities of the Board; petitions
                            For purposes of this section and except as 
                        otherwise provided in this section, the Board 
                        shall exercise the authorities of the Federal 
                        Labor Relations Authority under sections 7105, 
                        7111, 7112, 7113, 7115, 7117, 7118, and 7122 of 
                        title 5, and of the President under section 
                        7103(b) of title 5. For purposes of this 
                        section, any petition or other submission that, 
                        under chapter 71 of title 5, would be submitted 
                        to the Federal Labor Relations Authority shall, 
                        if brought under this section, be submitted to 
                        the Board. The Board shall refer any matter 
                        under this paragraph to a hearing officer for 
                        decision pursuant to subsections (b) through (h) 
                        of section 1405 of this title, subject to review 
                        by the Board pursuant to section 1406 of this 
                        title. The Board may direct that the General 
                        Counsel carry out the Board's investigative 
                        authorities under this paragraph.
                (2) General authorities of the General Counsel; charges 
            of unfair labor practice

[[Page 553]]

                            For purposes of this section and except as 
                        otherwise provided in this section, the General 
                        Counsel shall exercise the authorities of the 
                        General Counsel of the Federal Labor Relations 
                        Authority under sections 7104 and 7118 of title 
                        5. For purposes of this section, any charge or 
                        other submission that, under chapter 71 of title 
                        5, would be submitted to the General Counsel of 
                        the Federal Labor Relations Authority shall, if 
                        brought under this section, be submitted to the 
                        General Counsel. If any person charges an 
                        employing office or a labor organization with 
                        having engaged in or engaging in an unfair 
                        practice and makes such charge within 180 days 
                        of the occurrence of the alleged unfair labor 
                        practice, the General Counsel shall investigate 
                        the charge and may file a complaint with the 
                        Office. The complaint shall be submitted to a 
                        hearing officer for decision pursuant to 
                        subsections (b) through (h) of section 1405 of 
                        this title, subject to review by the Board 
                        pursuant to section 1406 of this title.
                (3) Judicial review
                            Except for matters referred to in paragraphs 
                        (1) and (2) of section 7123(a) of title 5, the 
                        General Counsel or the respondent to the 
                        complaint, if aggrieved by a final decision of 
                        the Board under paragraph (1) or (2) of this 
                        subsection, may file a petition for judicial 
                        review in the United States Court of Appeals for 
                        the Federal Circuit pursuant to section 1407 of 
                        this title.
                (4) Exercise of impasses panel authority; requests
                            For purposes of this section and except as 
                        otherwise provided in this section, the Board 
                        shall exercise the authorities of the Federal 
                        Service Impasses Panel under section 7119 of 
                        title 5. For purposes of this section, any 
                        request that, under chapter 71 of title 5, would 
                        be presented to the Federal Service Impasses 
                        Panel shall, if made under this section, be 
                        presented to the Board. At the request of the 
                        Board, the Executive Director shall appoint a 
                        mediator or mediators to perform the functions 
                        of the Federal Service Impasses Panel under 
                        section 7119 of title 5.
            (d) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1348 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            Except as provided in subsection (e) of this 
                        section, the regulations issued under paragraph 
                        (1) shall be the same as substantive regulations 
                        promulgated by the Federal Labor Relations 
                        Authority to implement the statutory provisions 
                        referred to in subsection (a) of this section 
                        except--

                                (A) to the extent that the Board may 
                            determine, for good cause shown and stated 
                            together with the regulation, that a 
                            modification of such regulations would be 
                            more effective for the implementation of the 
                            rights and protections under this section; 
                            or

                                (B) as the Board deems necessary to 
                            avoid a conflict of interest or appearance 
                            of a conflict of interest.

[[Page 554]]

            (e) Specific regulations regarding application to certain 
                offices of Congress
                (1) Regulations required
                            The Board shall issue regulations pursuant 
                        to section 1384 of this title on the manner and 
                        extent to which the requirements and exemptions 
                        of chapter 71 of title 5, should apply to 
                        covered employees who are employed in the 
                        offices listed in paragraph (2). The regulations 
                        shall, to the greatest extent practicable, be 
                        consistent with the provisions and purposes of 
                        chapter 71 of title 5, and of this chapter, and 
                        shall be the same as substantive regulations 
                        issued by the Federal Labor Relations Authority 
                        under such chapter, except--

                                (A) to the extent that the Board may 
                            determine, for good cause shown and stated 
                            together with the regulation, that a 
                            modification of such regulations would be 
                            more effective for the implementation of the 
                            rights and protections under this section; 
                            and

                                (B) that the Board shall exclude from 
                            coverage under this section any covered 
                            employees who are employed in offices listed 
                            in paragraph (2) if the Board determines 
                            that such exclusion is required because of--

                                        (i) a conflict of interest or 
                                    appearance of a conflict of 
                                    interest; or

                                        (ii) Congress' constitutional 
                                    responsibilities.

                (2) Offices referred to
                            The offices referred to in paragraph (1) 
                        include--

                                (A) the personal office of any Member of 
                            the House of Representatives or of any 
                            Senator;

                                (B) a standing, select, special, 
                            permanent, temporary, or other committee of 
                            the Senate or House of Representatives, or a 
                            joint committee of Congress;

                                (C) the Office of the Vice President (as 
                            President of the Senate), the Office of the 
                            President pro tempore of the Senate, the 
                            Office of the Majority Leader of the Senate, 
                            the Office of the Minority Leader of the 
                            Senate, the Office of the Majority Whip of 
                            the Senate, the Office of the Minority Whip 
                            of the Senate, the Conference of the 
                            Majority of the Senate, the Conference of 
                            the Minority of the Senate, the Office of 
                            the Secretary of the Conference of the 
                            Majority of the Senate, the Office of the 
                            Secretary of the Conference of the Minority 
                            of the Senate, the Office of the Secretary 
                            for the Majority of the Senate, the Office 
                            of the Secretary for the Minority of the 
                            Senate, the Majority Policy Committee of the 
                            Senate, the Minority Policy Committee of the 
                            Senate, and the following offices within the 
                            Office of the Secretary of the Senate: 
                            Offices of the Parliamentarian, Bill Clerk, 
                            Legislative Clerk, Journal Clerk, Executive 
                            Clerk, Enrolling Clerk, Official Reporters 
                            of Debate, Daily Digest, Printing Services, 
                            Captioning Services, and Senate Chief 
                            Counsel for Employment;

                                (D) the Office of the Speaker of the 
                            House of Representatives, the Office of the 
                            Majority Leader of the House of 
                            Representatives, the Office of the Minority 
                            Leader of the House of Representatives, the 
                            Offices of the Chief Deputy Majority Whips,

[[Page 555]]

                            the Offices of the Chief Deputy Minority 
                            Whips and the following offices within the 
                            Office of the Clerk of the House of 
                            Representatives: Offices of Legislative 
                            Operations, Official Reporters of Debate, 
                            Official Reporters to Committees, Printing 
                            Services, and Legislative Information;

                                (E) the Office of the Legislative 
                            Counsel of the Senate, the Office of the 
                            Senate Legal Counsel, the Office of the 
                            Legislative Counsel of the House of 
                            Representatives, the Office of the General 
                            Counsel of the House of Representatives, the 
                            Office of the Parliamentarian of the House 
                            of Representatives, and the Office of the 
                            Law Revision Counsel;

                                (F) the offices of any caucus or party 
                            organization;

                                (G) the Congressional Budget Office, the 
                            Office of Technology Assessment, and the 
                            Office of Compliance; and

                                (H) such other offices that perform 
                            comparable functions which are identified 
                            under regulations of the Board.

            (f) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a) and (b) of this section shall be 
                        effective on October 1, 1996.
                (2) Certain offices
                            With respect to the offices listed in 
                        subsection (e)(2) of this section, to the 
                        covered employees of such offices, and to 
                        representatives of such employees, subsections 
                        (a) and (b) of this section shall be effective 
                        on the effective date of regulations under 
                        subsection (e) of this section. (Pub. L. 104-1, 
                        Title II, Sec. 220, Jan. 23, 1995, 109 Stat. 
                        19.)
    399.75
    399.75  
                                  Part E.--General

  399.75-1
  399.75-1  Sec. 1361. Generally applicable remedies and limitations.
            (a) Attorney's fees
                If a covered employee, with respect to any claim under 
            this chapter, or a qualified person with a disability, with 
            respect to any claim under section 1331 of this title, is a 
            prevailing party in any proceeding under section 1405, 1406, 
            1407, or 1408 of this title, the hearing officer, Board, or 
            court, as the case may be, may award attorney's fees, expert 
            fees, and any other costs as would be appropriate if awarded 
            under section 706(k) of the Civil Rights Act of 1964 (42 
            U.S.C. 2000e-5(k)).
            (b) Interest
                In any proceeding under sections 1405, 1406, 1407, or 
            1408 of this title, the same interest to compensate for 
            delay in payment shall be made available as would be 
            appropriate if awarded under section 717(d) of the Civil 
            Rights Act of 1964 (42 U.S.C. 2000e-16(d)).
            (c) Civil penalties and punitive damages
                No civil penalty or punitive damages may be awarded with 
            respect to any claim under this chapter.
            (d) Exclusive procedure
                (1) In general
                            Except as provided in paragraph (2), no 
                        person may commence an administrative or 
                        judicial proceeding to seek a remedy for the

[[Page 556]]

                        rights and protections afforded by this chapter 
                        except as provided in this chapter.
                (2) Veterans
                             A covered employee under section 1316 of 
                        this title may also utilize any provisions of 
                        chapter 43 of title 38, that are applicable to 
                        that employee.
            (e) Scope of remedy
                Only a covered employee who has undertaken and completed 
            the procedures described in sections 1402 and 1403 of this 
            title may be granted a remedy under part A of this 
            subchapter.
            (f) Construction
                (1) Definitions and exemptions
                            Except where inconsistent with definitions 
                        and exemptions provided in this chapter, the 
                        definitions and exemptions in the laws made 
                        applicable by this chapter shall apply under 
                        this chapter.
                (2) Size limitations
                            Notwithstanding paragraph (1), provisions in 
                        the laws made applicable under this chapter 
                        (other than chapter 23 of title 29) deter mining 
                        coverage based on size, whether expressed in 
                        terms of numbers of employees, amount of 
                        business transacted, or other measure, shall not 
                        apply in determining coverage under this 
                        chapter.
                (3) Executive branch enforcement
                            This chapter shall not be construed to 
                        authorize enforcement by the executive branch of 
                        this chapter. (Pub. L. 104-1, Title II, 
                        Sec. 225, Jan. 23, 1995, 109 Stat. 22.)
    399.76
    399.76  
                                   Part F.--Study

  399.76-1
  399.76-1  Sec. 1371. Study and recommendations regarding General 
                Accounting Office, Government Printing Office, and 
                Library of Congress.
            (a) In general
                The Board shall undertake a study of--
                            (1) the application of the laws listed in 
                        subsection (b) of this section to--

                                (A) the General Accounting Office;

                                (B) the Government Printing Office; and

                                (C) the Library of Congress; and

                            (2) the regulations and procedures used by 
                        the entities referred to in paragraph (1) to 
                        apply and enforce such laws to themselves and 
                        their employees.
            (b) Applicable statutes
                The study under this section shall consider the 
            application of the following laws:
                            (1) Title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.), and related 
                        provisions of section 2302 of title 5.
                            (2) The Age Discrimination in Employment Act 
                        of 1967 (29 U.S.C. 621 et seq.), and related 
                        provisions of section 2302 of title 5.
                            (3) The Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.), and related 
                        provisions of section 2302 of title 5.

[[Page 557]]

                            (4) The Family and Medical Leave Act of 1993 
                        (29 U.S.C. 2611 et seq.), and related provisions 
                        of sections 6381 through 6387 of title 5.
                            (5) The Fair Labor Standards Act of 1938 (29 
                        U.S.C. 201 et seq.), and related provisions of 
                        sections 5541 through 5550a of title 5.
                            (6) The Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.), and related 
                        provisions of section 7902 of title 5.
                            (7) The Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.).
                            (8) Chapter 71 (relating to Federal service 
                        and labor-management relations) of title 5.
                            (9) The General Accounting Office Personnel 
                        Act of 1980 (31 U.S.C. 731 et seq.).
                            (10) The Employee Polygraph Protection Act 
                        of 1988 (29 U.S.C. 2001 et seq.).
                            (11) The Worker Adjustment and Retraining 
                        Notification Act (29 U.S.C. 2101 et seq.).
                            (12) Chapter 43 (relating to veterans' 
                        employment and reemployment) of title 38.
                (c) Contents of study and recommendations
                            The study under this section shall evaluate 
                        whether the rights, protections, and procedures, 
                        including administrative and judicial relief, 
                        applicable to the entities listed in paragraph 
                        (1) of subsection (a) of this section and their 
                        employees are comprehensive and effective and 
                        shall include recommendations for any 
                        improvements in regulations or legislation, 
                        including proposed regulatory or legislative 
                        language.
                (d) Deadline and delivery of study
                            Not later than December 31, 1996--

                                (1) the Board shall prepare and complete 
                            the study and recommendations required under 
                            this section; and

                                (2) the Board shall transmit such study 
                            and recommendations (with the Board's 
                            comments) to the head of each entity 
                            considered in the study, and to the Congress 
                            by delivery to the Speaker of the House of 
                            Representatives and President pro tempore of 
                            the Senate for referral to the appropriate 
                            committees of the House of Representatives 
                            and of the Senate. (Pub. L. 104-1, Title II, 
                            Sec. 230, Jan. 23, 1995, 109 Stat. 23; Pub. 
                            L. 104-53, Title III, Sec. 309 (a), (b), 
                            Nov. 19, 1995, 109 Stat. 538.)

    399.77
    399.77  
                        Subchapter III.--Office of Compliance

  399.77-1
  399.77-1  Sec. 1381. Establishment of Office of Compliance.
            (a) Establishment
                There is established, as an independent office within 
            the legislative branch of the Federal Government, the Office 
            of Compliance.
            (b) Board of Directors
                The Office shall have a Board of Directors. The Board 
            shall consist of five individuals appointed jointly by the 
            Speaker of the House of Representatives, the Majority Leader 
            of the Senate, and the Minority Leaders of the House of 
            Representatives and the Senate. Appointments of the first 
            five members of the Board shall be completed not later than 
            90 days after January 23, 1995.

[[Page 558]]

            (c) Chair
                The Chair shall be appointed from members of the Board 
            jointly by the Speaker of the House of Representatives, the 
            Majority Leader of the Senate, and the Minority Leaders of 
            the House of Representatives and the Senate.
            (d) Board of Directors qualifications
                (1) Specific qualifications

                                Selection and appointment of members of 
                            the Board shall be without regard to 
                            political affiliation and solely on the 
                            basis of fitness to perform the duties of 
                            the Office. Members of the Board shall have 
                            training or experience in the application of 
                            the rights, protections, and remedies under 
                            one or more of the laws made applicable 
                            under section 1302 of this title.

                (2) Disqualifications for appointments
                            (A) Lobbying

                                No individual who engages in, or is 
                            otherwise employed in, lobbying of the 
                            Congress and who is required under chapter 
                            8a of this title to register with the Clerk 
                            of the House of Representatives or the 
                            Secretary of the Senate shall be eligible 
                            for appointment to, or service on, the 
                            Board.

                            (B) Incompatible office

                                No member of the Board appointed under 
                            subsection (b) of this section may hold or 
                            may have held the position of Member of the 
                            House of Representatives or Senator, may 
                            hold the position of officer or employee of 
                            the House of Representatives, Senate, or 
                            instrumentality or other entity of the 
                            legislative branch, or may have held such a 
                            position (other than the position of an 
                            officer or employee of the General 
                            Accounting Office Personnel Appeals Board, 
                            an officer or employee of the Office of Fair 
                            Employment Practices of the House of 
                            Representatives, or officer or employee of 
                            the Office of Senate Fair Employment 
                            Practices) within 4 years of the date of 
                            appointment.

                (3) Vacancies
                            A vacancy on the Board shall be filled in 
                        the manner in which the original appointment was 
                        made.
            (e) Term of office
                (1) In general
                            Except as provided in paragraph (2), 
                        membership on the Board shall be for 5 years. A 
                        member of the Board who is appointed to a term 
                        of office of more than 3 years shall only be 
                        eligible for appointment for a single term of 
                        office.
                (2) First appointment
                            Of the members first appointed to the 
                        Board--

                                (A) 1 shall have a term of office of 3 
                            years,

                                (B) 2 shall have a term of office of 4 
                            years, and

                                (C) 2 shall have a term of office of 5 
                            years, 1 of whom shall be the Chair,

            as designated at the time of appointment by the persons 
            specified in subsection (b) of this section.

            (f) Removal
                (1) Authority

[[Page 559]]

                            Any member of the Board may be removed from 
                        office by a majority decision of the appointing 
                        authorities described in subsection (b) of this 
                        section, but only for--

                                (A) disability that substantially 
                            prevents the member from carrying out the 
                            duties of the member,

                                (B) incompetence,

                                (C) neglect of duty,

                                (D) malfeasance, including a felony or 
                            conduct involving moral turpitude, or

                                (E) holding an office or employment or 
                            engaging in an activity that disqualifies 
                            the individual from service as a member of 
                            the Board under subsection (d)(2) of this 
                            section.

                (2) Statement of reasons for removal
                            In removing a member of the Board, the 
                        Speaker of the House of Representatives and the 
                        President pro tempore of the Senate shall state 
                        in writing to the member of the Board being 
                        removed the specific reasons for the removal.
            (g) Compensation
                (1) Per diem
                Each member of the Board shall be compensated at a rate 
            equal to the daily equivalent of the annual rate of basic 
            pay prescribed for level V of the Executive Schedule under 
            section 5316 of title 5, for each day (including travel 
            time) during which such member is engaged in the performance 
            of the duties of the Board. The rate of pay of a member may 
            be prorated based on the portion of the day during which the 
            member is engaged in the performance of Board duties.
                (2) Travel expenses
                Each member of the Board shall receive travel expenses, 
            including per diem in lieu of subsistence, at rates 
            authorized for employees of agencies under subchapter I of 
            chapter 57 of title 5, for each day the member is engaged in 
            the performance of duties away from the home or regular 
            place of business of the member.
            (h) Duties
                The Office shall--
                            (1) carry out a program of education for 
                        Members of Congress and other employing 
                        authorities of the legislative branch of the 
                        Federal Government respecting the laws made 
                        applicable to them and a program to inform 
                        individuals of their rights under laws 
                        applicable to the legislative branch of the 
                        Federal Government;
                            (2) in carrying out the program under 
                        paragraph (1), distribute the telephone number 
                        and address of the Office, procedures for action 
                        under title IV, and any other information 
                        appropriate for distribution, distribute such 
                        information to employing offices in a manner 
                        suitable for posting, provide such information 
                        to new employees of employing offices, 
                        distribute such information to the residences of 
                        covered employees, and conduct seminars and 
                        other activities designed to educate employing 
                        offices and covered employees; and
                            (3) compile and publish statistics on the 
                        use of the Office by covered employees, 
                        including the number and type of contacts made 
                        with the Office, on the reason for such 
                        contacts, on the number of covered employees who 
                        initiated proceedings with the Office under

[[Page 560]]

                        this chapter and the result of such proceedings, 
                        and on the number of covered employees who filed 
                        a complaint, the basis for the complaint, and 
                        the action taken on the complaint.
            (i) Congressional oversight
                The Board and the Office shall be subject to oversight 
            (except with respect to the disposition of individual cases) 
            by the Committee on Rules and Administration and the 
            Committee on Governmental Affairs of the Senate and the 
            Committee on House Oversight of the House of 
            Representatives.
            (j) Opening of Office
                The Office shall be open for business, including receipt 
            of requests for counseling under section 1402 of this title, 
            not later than 1 year after January 23, 1995.
            (k) Financial disclosure reports
                Members of the Board and officers and employees of the 
            Office shall file the financial disclosure reports required 
            under title I of the Ethics in Government Act of 1978 with 
            the Clerk of the House of Representatives. (Pub. L. 104-1, 
            Title III, Sec. 301, Jan. 23, 1995, 109 Stat. 24.)
  399.77-2
  399.77-2  Sec. 1382. Officers, staff, and other personnel.
            (a) Executive Director
                (1) Appointment and removal

                                (A) In general

                                        The Chair, subject to the 
                                    approval of the Board, shall appoint 
                                    and may remove an Executive 
                                    Director. Selection and appointment 
                                    of the Executive Director shall be 
                                    without regard to political 
                                    affiliation and solely on the basis 
                                    of fitness to perform the duties of 
                                    the Office. The first Executive 
                                    Director shall be appointed no later 
                                    than 90 days after the initial 
                                    appointment of the Board of 
                                    Directors.

                                (B) Qualifications

                                        The Executive Director shall be 
                                    an individual with training or 
                                    expertise in the application of laws 
                                    referred to in section 1302(a) of 
                                    this title.

                                (C) Disqualifications

                                        The disqualifications in section 
                                    1381(d)(2) of this title shall apply 
                                    to the appointment of the Executive 
                                    Director.

                (2) Compensation
                            The Chair may fix the compensation of the 
                        Executive Director. The rate of pay for the 
                        Executive Director may not exceed the annual 
                        rate of basic pay prescribed for level V of the 
                        Executive Schedule under section 5316 of title 
                        5.
                (3) Term
                            The term of office of the Executive Director 
                        shall be a single term of 5 years, except that 
                        the first Executive Director shall have a single 
                        term of 7 years.
                (4) Duties
                            The Executive Director shall serve as the 
                        chief operating officer of the Office. Except as 
                        otherwise specified in this chapter, the 
                        Executive Director shall carry out all of the 
                        responsibilities of the Office under this 
                        chapter.

[[Page 561]]

            (b) Deputy Executive Directors
                (1) In general
                            The Chair, subject to the approval of the 
                        Board, shall appoint and may remove a Deputy 
                        Executive Director for the Senate and a Deputy 
                        Executive Director for the House of 
                        Representatives. Selection and appointment of a 
                        Deputy Executive Director shall be without 
                        regard to political affiliation and solely on 
                        the basis of fitness to perform the duties of 
                        the office. The disqualifications in section 
                        1381(d)(2) of this title shall apply to the 
                        appointment of a Deputy Executive Director.
                (2) Term
                            The term of office of a Deputy Executive 
                        Director shall be a single term of 5 years, 
                        except that the first Deputy Executive Directors 
                        shall have a single term of 6 years.
                (3) Compensation
                            The Chair may fix the compensation of the 
                        Deputy Executive Directors. The rate of pay for 
                        a Deputy Executive Director may not exceed 96 
                        percent of the annual rate of basic pay 
                        prescribed for level V of the Executive Schedule 
                        under section 5316 of title 5.
                (4) Duties
                            The Deputy Executive Director for the Senate 
                        shall recommend to the Board regulations under 
                        section 1384(a)(2)(B)(i) of this title, maintain 
                        the regulations and all records pertaining to 
                        the regulations, and shall assume such other 
                        responsibilities as may be delegated by the 
                        Executive Director. The Deputy Executive 
                        Director for the House of Representatives shall 
                        recommend to the Board the regulations under 
                        section 1384(a)(2)(B)(ii) of this title, 
                        maintain the regulations and all records 
                        pertaining to the regulations, and shall assume 
                        such other responsibilities as may be delegated 
                        by the Executive Director.
            (c) General Counsel
                (1) In general
                            The Chair, subject to the approval of the 
                        Board, shall appoint a General Counsel. 
                        Selection and appointment of the General Counsel 
                        shall be without regard to political affiliation 
                        and solely on the basis of fitness to perform 
                        the duties of the Office. The disqualifications 
                        in section 1381(d)(2) of this title shall apply 
                        to the appointment of a General Counsel.
                (2) Compensation
                            The Chair may fix the compensation of the 
                        General Counsel. The rate of pay for the General 
                        Counsel may not exceed the annual rate of basic 
                        pay prescribed for level V of the Executive 
                        Schedule under section 5316 of title 5.
                (3) Duties
                            The General Counsel shall--

                                (A) exercise the authorities and perform 
                            the duties of the General Counsel as 
                            specified in this chapter; and

                                (B) otherwise assist the Board and the 
                            Executive Director in carrying out their 
                            duties and powers, including representing 
                            the Office in any judicial proceeding under 
                            this chapter.

                (4) Attorneys in the Office of the General Counsel

[[Page 562]]

                            The General Counsel shall appoint, and fix 
                        the compensation of, and may remove, such 
                        additional attorneys as may be necessary to 
                        enable the General Counsel to perform the 
                        General Counsel's duties.
                (5) Term
                            The term of office of the General Counsel 
                        shall be a single term of 5 years.
                (6) Removal
                            (A) Authority

                                The General Counsel may be removed from 
                            office by the Chair but only for--

                                (i) disability that substantially 
                            prevents the General Counsel from carrying 
                            out the duties of the General Counsel,

                                (ii) incompetence,

                                (iii) neglect of duty,

                                (iv) malfeasance, including a felony or 
                            conduct involving moral turpitude, or

                                (v) holding an office or employment or 
                            engaging in an activity that disqualifies 
                            the individual from service as the General 
                            Counsel under paragraph (1).

                            (B) Statement of reasons for removal

                                In removing the General Counsel, the 
                            Speaker of the House of Representatives and 
                            the President pro tempore of the Senate 
                            shall state in writing to the General 
                            Counsel the specific reasons for the 
                            removal.

            (d) Other staff
                The Executive Director shall appoint, and fix the 
            compensation of, and may remove, such other additional 
            staff, including hearing officers, but not including 
            attorneys employed in the office of the General Counsel, as 
            may be necessary to enable the Office to perform its duties.
            (e) Detailed personnel
                The Executive Director may, with the prior consent of 
            the department or agency of the Federal Government 
            concerned, use on a reimbursable or nonreimbursable basis 
            the services of personnel of any such department or agency, 
            including the services of members or personnel of the 
            General Accounting Office Personnel Appeals Board.
            (f) Consultants
                In carrying out the functions of the Office, the 
            Executive Director may procure the temporary (not to exceed 
            1 year) or intermittent services of consultants. (Pub. L. 
            104-1, Title III, Sec. 302, Jan. 23, 1995, 109 Stat. 26.)
  399.77-3
  399.77-3  Sec. 1383. Procedural rules.
            (a) In general
                The Executive Director shall, subject to the approval of 
            the Board, adopt rules governing the procedures of the 
            Office, including the procedures of hearing officers, which 
            shall be submitted for publication in the Congressional 
            Record. The rules may be amended in the same manner.

[[Page 563]]

            (b) Procedure
                The Executive Director shall adopt rules referred to in 
            subsection (a) of this section in accordance with the 
            principles and procedures set forth in section 53 of title 
            5. The Executive Director shall publish a general notice of 
            proposed rulemaking under section 553(b) of title 5, but, 
            instead of publication of a general notice of proposed 
            rulemaking in the Federal Register, the Executive Director 
            shall transmit such notice to the Speaker of the House of 
            Representatives and the President pro tempore of the Senate 
            for publication in the Congressional Record on the first day 
            on which both Houses are in session following such 
            transmittal. Before adopting rules, the Executive Director 
            shall provide a comment period of at least 30 days after 
            publication of a general notice of proposed rulemaking. Upon 
            adopting rules, the Executive Director shall transmit notice 
            of such action together with a copy of such rules to the 
            Speaker of the House of Representatives and the President 
            pro tempore of the Senate for publication in the 
            Congressional Record on the first day on which both Houses 
            are in session following such transmittal. Rules shall be 
            considered issued by the Executive Director as of the date 
            of which they are published in the Congressional Record. 
            (Pub. L. 104-1, Title III, Sec. 303, Jan. 23, 1995, 109 
            Stat. 28.)
  399.77-4
  399.77-4  Sec. 1384. Substantive regulations.
            (a) Regulations
                (1) In general
                            The procedures applicable to the regulations 
                        of the Board issued for the implementation of 
                        this chapter, which shall include regulations 
                        the Board is required to issue under subchapter 
                        II of this title (including regulations on the 
                        appropriate application of exemptions under the 
                        laws made applicable in subchapter II of this 
                        title) are as prescribed in this section.
                (2) Rulemaking procedure
                            Such regulations of the Board--

                                (A) shall be adopted, approved, and 
                            issued in accordance with subsection (b) of 
                            this section; and

                                (B) shall consist of 3 separate bodies 
                            of regulations, which shall apply, 
                            respectively, to--

                                        (i) the Senate and employees of 
                                    the Senate;

                                        (ii) the House of 
                                    Representatives and employees of the 
                                    House of Representatives; and

                                        (iii) all other covered 
                                    employees and employing offices.

            (b) Adoption by the Board
                The Board shall adopt the regulations referred to in 
            subsection (a)(1) of this section in accordance with the 
            principles and procedures set forth in section 553 of title 
            5, and as provided in the following provisions of this 
            subsection:
                            (1) Proposal

                                The Board shall publish a general notice 
                            of proposed rulemaking under section 553(b) 
                            of title 5, but, instead of publication of a 
                            general notice of proposed rulemaking in the 
                            Federal Register, the Board shall transmit 
                            such notice to the Speaker of the House of 
                            Representatives and the President pro 
                            tempore of the Senate for publication in the 
                            Congressional Record on

[[Page 564]]

                            the first day on which both Houses are in 
                            session following such transmittal. Such 
                            notice shall set forth the recommendations 
                            of the Deputy Director for the Senate in 
                            regard to regulations under subsection 
                            (a)(2)(B)(i) of this section, the 
                            recommendations of the Deputy Director for 
                            the House of Representatives in regard to 
                            regulations under subsection (a)(2)(B)(ii) 
                            of this section, and the recommendations of 
                            the Executive Director for regulations under 
                            subsection (a)(2)(B)(iii) of this section.

                            (2) Comment

                                Before adopting regulations, the Board 
                            shall provide a comment period of at least 
                            30 days after publication of a general 
                            notice of proposed rulemaking.

                            (3) Adoption

                                After considering comments, the Board 
                            shall adopt regulations and shall transmit 
                            notice of such action together with a copy 
                            of such regulations to the Speaker of the 
                            House of Representatives and the President 
                            pro tempore of the Senate for publication in 
                            the Congressional Record on the first day on 
                            which both Houses are in session following 
                            such transmittal.

                            (4) Recommendation as to method of approval

                                The Board shall include a recommendation 
                            in the general notice of proposed rulemaking 
                            and in the regulations as to whether the 
                            regulations should be approved by resolution 
                            of the Senate, by resolution of the House of 
                            Representatives, by concurrent resolution, 
                            or by joint resolution.

            (c) Approval of regulations
                (1) In general
                            Regulations referred to in paragraph 
                        (2)(B)(i) of subsection (a) of this section may 
                        be approved by the Senate by resolution or by 
                        the Congress by concurrent resolution or by 
                        joint resolution. Regulations referred to in 
                        paragraph (2)(B)(ii) of subsection (a) of this 
                        section may be approved by the House of 
                        Representatives by resolution or by the Congress 
                        by concurrent resolution or by joint resolution. 
                        Regulations referred to in paragraph (2)(B)(iii) 
                        may be approved by Congress by concurrent 
                        resolution or by joint resolution.
                (2) Referral
                            Upon receipt of a notice of adoption of 
                        regulations under subsection (b)(3) of this 
                        section, the presiding officers of the House of 
                        Representatives and the Senate shall refer such 
                        notice, together with a copy of such 
                        regulations, to the appropriate committee or 
                        committees of the House of Representatives and 
                        of the Senate. The purpose of the referral shall 
                        be to consider whether such regulations should 
                        be approved, and, if so, whether such approval 
                        should be by resolution of the House of 
                        Representatives or of the Senate, by concurrent 
                        resolution or by joint resolution.
                (3) Joint referral and discharge in the Senate
                            The presiding officer of the Senate may 
                        refer the notice of issuance of regulations, or 
                        any resolution of approval of regulations, to 
                        one committee or jointly to more than one 
                        committee. If a committee of the Senate acts to 
                        report a jointly referred measure, any other 
                        committee of the Senate must act within 30 
                        calendar days of continuous session, or be 
                        automatically discharged.

[[Page 565]]

                (4) One-house resolution or concurrent resolution
                            In the case of a resolution of the House of 
                        Representatives or the Senate or a concurrent 
                        resolution referred to in paragraph (1), the 
                        matter after the resolving clause shall be the 
                        following: ``The following regulations issued by 
                        the Office of Compliance on ____ are hereby 
                        approved:'' (the blank space being appropriately 
                        filled in, and the text of the regulations being 
                        set forth).
                (5) Joint resolution
                            In the case of a joint resolution referred 
                        to in paragraph (1), the matter after the 
                        resolving clause shall be the following: ``The 
                        following regulations issued by the Office of 
                        Compliance on ____ are hereby approved and shall 
                        have the force and effect of law:'' (the blank 
                        space being appropriately filled in, and the 
                        text of the regulations being set forth).
            (d) Issuance and effective date
                (1) Publication
                            After approval of regulations under 
                        subsection (c) of this section, the Board shall 
                        submit the regulations to the Speaker of the 
                        House of Representatives and the President pro 
                        tempore of the Senate for publication in the 
                        Congressional Record on the first day on which 
                        both Houses are in session following such 
                        transmittal.
                (2) Date of issuance
                            The date of issuance of regulations shall be 
                        the date on which they are published in the 
                        Congressional Record under paragraph (1).
                (3) Effective date
                            Regulations shall become effective not less 
                        than 60 days after the regulations are issued, 
                        except that the Board may provide for an earlier 
                        effective date for good cause found (within the 
                        meaning of section 553(d)(3) of title 5) and 
                        published with the regulation.
            (e) Amendment of regulations
                Regulations may be amended in the same manner as is 
            described in this section for the adoption, approval, and 
            issuance of regulations, except that the Board may, in its 
            discretion, dispense with publication of a general notice of 
            proposed rulemaking of minor, technical, or urgent 
            amendments that satisfy the criteria for dispensing with 
            publication of such notice pursuant to section 553(b)(B) of 
            title 5.
            (f) Right to petition for rulemaking
                Any interested party may petition to the Board for the 
            issuance, amendment, or repeal of a regulation.
            (g) Consultation
                The Executive Director, the Deputy Directors, and the 
            Board--
                            (1) shall consult, with regard to the 
                        development of regulations, with--

                                (A) the Chair of the Administrative 
                            Conference of the United States;

                                (B) the Secretary of Labor;

                                (C) the Federal Labor Relations 
                            Authority; and

                                (D) the Director of the Office of 
                            Personnel Management; and

[[Page 566]]

                            (2) may consult with any other persons with 
                        whom consultation, in the opinion of the Board, 
                        the Executive Director, or Deputy Directors, may 
                        be helpful. (Pub. L. 104-1, Title III, Sec. 304, 
                        Jan. 23, 1995, 109 Stat. 29.)
  399.77-5
  399.77-5  Sec. 1385. Expenses.
            (a) Authorization of appropriations
                Beginning in fiscal year 1995, and for each fiscal year 
            thereafter, there are authorized to be appropriated for the 
            expenses of the Office such sums as may be necessary to 
            carry out the functions of the Office. Until sums are first 
            appropriated pursuant to the preceding sentence, but for a 
            period not exceeding 12 months following January 23, 1995--
                            (1) one-half of the expenses of the Office 
                        shall be paid from funds appropriated for 
                        allowances and expenses of the House of 
                        Representatives, and
                            (2) one-half of the expenses of the Office 
                        shall be paid from funds appropriated for 
                        allowances and expenses of the Senate, upon 
                        vouchers approved by the Executive Director, 
                        except that a voucher shall not be required for 
                        the disbursement of salaries of employees who 
                        are paid at an annual rate. The Clerk of the 
                        House of Representatives and the Secretary of 
                        the Senate are authorized to make arrangements 
                        for the division of expenses under this 
                        subsection, including arrangements for one House 
                        of Congress to reimburse the other House of 
                        Congress.
            (b) Financial and administrative services
                The Executive Director may place orders and enter into 
            agreements for goods and services with the head of any 
            agency, or major organizational unit within an agency, in 
            the legislative or executive branch of the United States in 
            the same manner and to the same extent as agencies are 
            authorized under sections 1535 and 1536 of title 31, to 
            place orders and enter into agreements.
            (c) Witness fees and allowances
                Except for covered employees, witnesses before a hearing 
            officer or the Board in any proceeding under this chapter 
            other than rulemaking shall be paid the same fee and mileage 
            allowances as are paid subpoenaed witnesses in the courts of 
            the United States. Covered employees who are summoned, or 
            are assigned by their employer, to testify in their official 
            capacity or to produce official records in any proceeding 
            under this Act shall be entitled to travel expenses under 
            subchapter I and section 5751 of chapter 57 of title 5. 
            (Pub. L. 104-1, Title III, Sec. 305, Jan. 23, 1995, 109 
            Stat. 31.)
    399.78
    399.78  
                Subchapter IV.--Administrative and Judicial Dispute-
                               Resolution Procedures

  399.78-1
  399.78-1  Sec. 1401. Procedure for consideration of alleged 
                violations.
                Except as otherwise provided, the procedure for 
            consideration of alleged violations of part A of subchapter 
            II of this chapter consists of--
                            (1) counseling as provided in section 1402 
                        of this title;
                            (2) mediation as provided in section 1403 of 
                        this title; and
                            (3) election, as provided in section 1404 of 
                        this title, of either--

[[Page 567]]

                                (A) a formal complaint and hearing as 
                            provided in section 1405 of this title, 
                            subject to Board review as provided in 
                            section 1406 of this title, and judicial 
                            review in the United States Court of Appeals 
                            for the Federal Circuit as provided in 
                            section 1407 of this title, or

                                (B) a civil action in a district court 
                            of the United States as provided in section 
                            1408 of this title.

                            In the case of an employee of the Office of 
                        the Architect of the Capitol or of the Capitol 
                        Police, the Executive Director, after receiving 
                        a request for counseling under section 1402 of 
                        this title, may recommend that the employee use 
                        the grievance procedures of the Architect of the 
                        Capitol or the Capitol Police for resolution of 
                        the employee's grievance for a specific period 
                        of time, which shall not count against the time 
                        available for counseling or mediation. (Pub. L. 
                        104-1, Title IV, Sec. 401, Jan. 23, 1995, 109 
                        Stat. 32.)
  399.78-2
  399.78-2  Sec. 1402. Counseling.
            (a) In general
                To commence a proceeding, a covered employee alleging a 
            violation of a law made applicable under part A of 
            subchapter II of this title shall request counseling by the 
            Office. The Office shall provide the employee with all 
            relevant information with respect to the rights of the 
            employee. A request for counseling shall be made not later 
            than 180 days after the date of alleged violation.
            (b) Period of counseling
                The period for counseling shall be 30 days unless the 
            employee and the Office agree to reduce the period. The 
            period shall begin on the date the request for counseling is 
            received.
            (c) Notification of end of counseling period
                The Office shall notify the employee in writing when the 
            counseling period has ended. (Pub. L. 104-1, Title IV, 
            Sec. 402, Jan. 23, 1995, 109 Stat. 32.)
  399.78-3
  399.78-3  Sec. 1403. Mediation.
            (a) Initiation
                Not later than 15 days after receipt by the employee of 
            notice of the end of the counseling period under section 
            1402 of this title, but prior to and as a condition of 
            making an election under section 1404 of this title, the 
            covered employee who alleged a violation of a law shall file 
            a request for mediation with the Office.
            (b) Process
                Mediation under this section--
                            (1) may include the Office, the covered 
                        employee, the employing office, and one or more 
                        individuals appointed by the Executive Director 
                        after considering recommendations by 
                        organizations composed primarily of individuals 
                        experienced in adjudicating or arbitrating 
                        personnel matters, and
                            (2) shall involve meetings with the parties 
                        separately or jointly for the purpose of 
                        resolving the dispute between the covered 
                        employee and the employing office.

[[Page 568]]

            (c) Mediation period
                The mediation period shall be 30 days beginning on the 
            date the request for mediation is received. The mediation 
            period may be extended for additional periods at the joint 
            request of the covered employee and the employing office. 
            The Office shall notify in writing the covered employee and 
            the employing office when the mediation period has ended.
            (d) Independence of mediation process
                No individual, who is appointed by the Executive 
            Director to mediate, may conduct or aid in a hearing 
            conducted under section 1405 of this title with respect to 
            the same matter or shall be subject to subpoena or any other 
            compulsory process with respect to the same matter. (Pub. L. 
            104-1, Title IV, Sec. 403, Jan. 23, 1995, 109 Stat. 32.)
  399.78-4
  399.78-4  Sec. 1404. Election of proceeding.
                Not later than 90 days after a covered employee receives 
            notice of the end of the period of mediation, but, no sooner 
            than 30 days after receipt of such notification, such 
            covered employee may either--
                            (1) file a complaint with the Office in 
                        accordance with section 1405 of this title, or
                            (2) file a civil action in accordance with 
                        section 1408 of this title in the United States 
                        district court for the district in which the 
                        employee is employed or for the District of 
                        Columbia. (Pub. L. 104-1, Title IV, Sec. 404, 
                        Jan. 23, 1995, 109 Stat. 33.)
  399.78-5
  399.78-5  Sec. 1405. Complaint and hearing.
            (a) In general
                A covered employee may, upon the completion of mediation 
            under section 1403 of this title, file a complaint with the 
            Office. The respondent to the complaint shall be the 
            employing office--
                            (1) involved in the violation, or
                            (2) in which the violation is alleged to 
                        have occurred, and about which mediation was 
                        conducted.
            (b) Dismissal
                A hearing officer may dismiss any claim that the hearing 
            officer finds to be frivolous or that fails to state a claim 
            upon which relief may be granted.
            (c) Hearing officer
                (1) Appointment
                            Upon the filing of a complaint, the 
                        Executive Director shall appoint an independent 
                        hearing officer to consider the complaint and 
                        render a decision. No Member of the House of 
                        Representatives, Senator, officer of either the 
                        House of Representatives or the Senate, head of 
                        an employing office, member of the Board, or 
                        covered employee may be appointed to be a 
                        hearing officer. The Executive Director shall 
                        select hearing officers on a rotational or 
                        random basis from the lists developed under 
                        paragraph (2). Nothing in this section shall 
                        prevent the appointment of hearing officers as 
                        full-time employees of the Office or the 
                        selection of hearing officers on the basis of 
                        specialized expertise needed for particular 
                        matters.
                (2) Lists
                            The Executive Director shall develop master 
                        lists, composed of--

[[Page 569]]

                                (A) members of the bar of a State or the 
                            District of Columbia and retired judges of 
                            the United States courts who are experienced 
                            in adjudicating or arbitrating the kinds of 
                            personnel and other matters for which 
                            hearings may be held under this, and

                                (B) individuals expert in technical 
                            matters relating to accessibility and 
                            usability by persons with disabilities or 
                            technical matters relating to occupational 
                            safety and health.

                In developing lists, the Executive Director shall 
            consider candidates recommended by the Federal Mediation and 
            Conciliation Service or the Administrative Conference of the 
            United States.
            (d) Hearing
                Unless a complaint is dismissed before a hearing, a 
            hearing shall be--
                            (1) conducted in closed session on the 
                        record by the hearing officer;
                            (2) commenced no later than 60 days after 
                        filing of the complaint under subsection (a) of 
                        this section, except that the Office may, for 
                        good cause, extend up to an additional 30 days 
                        the time for commencing a hearing; and
                            (3) conducted, except as specifically 
                        provided in this chapter and to the greatest 
                        extent practicable, in accordance with the 
                        principles and procedures set forth in sections 
                        554 through 557 of title 5.
            (e) Discovery
                Reasonable prehearing discovery may be permitted at the 
            discretion of the hearing officer.
            (f) Subpoenas
                (1) In general
                            At the request of a party, a hearing officer 
                        may issue subpoenas for the attendance of 
                        witnesses and for the production of 
                        correspondence, books, papers, documents, and 
                        other records. The attendance of witnesses and 
                        the production of records may be required from 
                        any place within the United States. Subpoenas 
                        shall be served in the manner provided under 
                        rule 45(b) of the Federal Rules of Civil 
                        Procedure.
                (2) Objections
                            If a person refuses, on the basis of 
                        relevance, privilege, or other objection, to 
                        testify in response to a question or to produce 
                        records in connection with a proceeding before a 
                        hearing officer, the hearing officer shall rule 
                        on the objection. At the request of the witness 
                        or any party, the hearing officer shall (or on 
                        the hearing officer's own initiative, the 
                        hearing officer may) refer the ruling to the 
                        Board for review.
                (3) Enforcement
                            (A) In general

                                If a person fails to comply with a 
                            subpoena, the Board may authorize the 
                            General Counsel to apply, in the name of the 
                            Office, to an appropriate United States 
                            district court for an order requiring that 
                            person to appear before the hearing officer 
                            to give testimony or produce records. The 
                            application may be made within the judicial 
                            district where the hearing is conducted or 
                            where that person is found, resides, or 
                            transacts business. Any failure to obey a 
                            lawful order of the district court issued

[[Page 570]]

                            pursuant to this section may be held by such 
                            court to be a civil contempt thereof.

                            (B) Service of process

                                Process in an action or contempt 
                            proceeding pursuant to subparagraph (A) may 
                            be served in any judicial district in which 
                            the person refusing or failing to comply, or 
                            threatening to refuse or not to comply, 
                            resides, transacts business, or may be 
                            found, and subpoenas for witnesses who are 
                            required to attend such proceedings may run 
                            into any other district.

            (g) Decision
                The hearing officer shall issue a written decision as 
            expeditiously as possible, but in no case more than 90 days 
            after the conclusion of the hearing. The written decision 
            shall be transmitted by the Office to the parties. The 
            decision shall state the issues raised in the complaint, 
            describe the evidence in the record, contain findings of 
            fact and conclusions of law, contain a determination of 
            whether a violation has occurred, and order such remedies as 
            are appropriate pursuant to subchapter II of this title. The 
            decision shall be entered in the records of the Office. If a 
            decision is not appealed under section 1406 of this title to 
            the Board, the decision shall be considered the final 
            decision of the Office.
            (h) Precedents
                A hearing officer who conducts a hearing under this 
            section shall be guided by judicial decisions under the laws 
            made applicable by section 1302 of this title and by Board 
            decisions under this chapter. (Pub. L. 104-1, Title IV, 
            Sec. 405, Jan. 23, 1995, 109 Stat. 33.)
  399.78-6
  399.78-6  Sec. 1406. Appeal to the Board.
            (a) In general
                Any party aggrieved by the decision of a hearing officer 
            under section 1405(g) of this title may file a petition for 
            review by the Board not later than 30 days after entry of 
            the decision in the records of the Office.
            (b) Parties' opportunity to submit argument
                The parties to the hearing upon which the decision of 
            the hearing officer was made shall have a reasonable 
            opportunity to be heard, through written submission and, in 
            the discretion of the Board, through oral argument.
            (c) Standard of review
                The Board shall set aside a decision of a hearing 
            officer if the Board determines that the decision was--
                            (1) arbitrary, capricious, an abuse of 
                        discretion, or otherwise not consistent with 
                        law;
                            (2) not made consistent with required 
                        procedures; or
                            (3) unsupported by substantial evidence.
            (d) Record
                In making determinations under subsection (c) of this 
            section, the Board shall review the whole record, or those 
            parts of it cited by a party, and due account shall be taken 
            of the rule of prejudicial error.

[[Page 571]]

            (e) Decision
                The Board shall issue a written decision setting forth 
            the reasons for its decision. The decision may affirm, 
            reverse, or remand to the hearing officer for further 
            proceedings. A decision that does not require further 
            proceedings before a hearing officer shall be entered in the 
            records of the Office as a final decision. (Pub. L. 104-1, 
            Title IV, Sec. 406, Jan. 23, 1995, 109 Stat. 35.)
  399.78-7
  399.78-7  Sec. 1407. Judicial review of Board decisions and 
                enforcement.
            (a) Jurisdiction
                (1) Judicial review
                            The United States Court of Appeals for the 
                        Federal Circuit shall have jurisdiction over any 
                        proceeding commenced by a petition of--

                                (A) a party aggrieved by a final 
                            decision of the Board under section 1406(e) 
                            of this title in cases arising under part A 
                            of subchapter II of this title,

                                (B) a charging individual or a 
                            respondent before the Board who files a 
                            petition under section 1331(d)(4) of this 
                            title,

                                (C) the General Counsel or a respondent 
                            before the Board who files a petition under 
                            section 1341(c)(5) of this title, or

                                (D) the General Counsel or a respondent 
                            before the Board who files a petition under 
                            section 1351(c)(3) of this title.

                            The court of appeals shall have exclusive 
                        jurisdiction to set aside, suspend (in whole or 
                        in part), to determine the validity of, or 
                        otherwise review the decision of the Board.
                (2) Enforcement
                            The United States Court of Appeals for the 
                        Federal Circuit shall have jurisdiction over any 
                        petition of the General Counsel, filed in the 
                        name of the Office and at the direction of the 
                        Board, to enforce a final decision under section 
                        1405(g) or 1406(e) of this title with respect to 
                        a violation of part A, B, C, or D of subchapter 
                        II of this title.
            (b) Procedures
                (1) Respondents
                            (A) In any proceeding commenced by a 
                        petition filed under subsection (a)(1) (A) or 
                        (B) of this section, or filed by a party other 
                        than the General Counsel under subsection (a)(1) 
                        (C) or (D) of this section, the Office shall be 
                        named respondent and any party before the Board 
                        may be named respondent by filing a notice of 
                        election with the court within 30 days after 
                        service of the petition.
                            (B) In any proceeding commenced by a 
                        petition filed by the General Counsel under 
                        subsection (a)(1) (C) or (D) of this section, 
                        the prevailing party in the final decision 
                        entered under section 1406(e) of this title 
                        shall be named respondent, and any other party 
                        before the Board may be named respondent by 
                        filing a notice of election with the court 
                        within 30 days after service of the petition.
                            (C) In any proceeding commenced by a 
                        petition filed under subsection (a)(2) of this 
                        section, the party under section 1405 or 1406 of 
                        this title that the General Counsel determines 
                        has failed to comply with a final decision under 
                        section 1405(g) or 1406(e) of this title shall 
                        be named respondent.
                (2) Intervention

[[Page 572]]

                            Any party that participated in the 
                        proceedings before the Board under section 1406 
                        of this title and that was not made respondent 
                        under paragraph (1) may intervene as of right.
            (c) Law applicable
                Chapter 158 of title 28, shall apply to judicial review 
            under paragraph (1) of subsection (a) of this section, 
            except that--
                            (1) with respect to section 2344 of title 
                        28, service of a petition in any proceeding in 
                        which the Office is a respondent shall be on the 
                        General Counsel rather than on the Attorney 
                        General;
                            (2) the provisions of section 2348 of title 
                        28, on the authority of the Attorney General, 
                        shall not apply;
                            (3) the petition for review shall be filed 
                        not later than 90 days after the entry in the 
                        Office of a final decision under section 1406(e) 
                        of this title; and
                            (4) the Office shall be an ``agency'' as 
                        that term is used in chapter 158 of title 28.
            (d) Standard of review
                To the extent necessary for decision in a proceeding 
            commenced under subsection (a)(1) of this section and when 
            presented, the court shall decide all relevant questions of 
            law and interpret constitutional and statutory provisions. 
            The court shall set aside a final decision of the Board if 
            it is determined that the decision, was--
                            (1) arbitrary, capricious, an abuse of 
                        discretion, or otherwise not consistent with 
                        law;
                            (2) not made consistent with required 
                        procedures; or
                            (3) unsupported by substantial evidence.
            (e) Record
                In making determinations under subsection (d) of this 
            section, the court shall review the whole record, or those 
            parts of it cited by a party, and due account shall be taken 
            of the rule of prejudicial error. (Pub. L. 104-1, Title IV, 
            Sec. 407, Jan. 23, 1995, 109 Stat. 35.)
  399.78-8
  399.78-8  Sec. 1408. Civil action.
            (a) Jurisdiction
                The district courts of the United States shall have 
            jurisdiction over any civil action commenced under section 
            1404 of this title and this section by a covered employee 
            who has completed counseling under section 1402 of this 
            title and mediation under section 1403 of this title. A 
            civil action may be commenced by a covered employee only to 
            seek redress for a violation for which the employee has 
            completed counseling and mediation.
            (b) Parties
                The defendant shall be the employing office alleged to 
            have committed the violation, or in which the violation is 
            alleged to have occurred.
            (c) Jury trial
                Any party may demand a jury trial where a jury trial 
            would be available in an action against a private defendant 
            under the relevant law made applicable by this chapter. In 
            any case in which a violation of section 1311 of this title 
            is alleged, the court shall not inform the

[[Page 573]]

            jury of the maximum amount of compensatory damages available 
            under section 1311(b)(1) or 1311(b)(3) of this title. (Pub. 
            L. 104-1, Title IV, Sec. 408, Jan. 23, 1995, 109 Stat. 37.)
  399.78-9
  399.78-9  Sec. 1409. Judicial review of regulations.
                In any proceeding brought under section 1407 or 1408 of 
            this title in which the application of a regulation issued 
            under this chapter is at issue, the court may review the 
            validity of the regulation in accordance with the provisions 
            of subparagraphs (A) through (D) of section 706(2) of title 
            5, except that with respect to regulations approved by a 
            joint resolution under section 1384(c) of this title, only 
            the provisions of section 706(2)(B) of title 5, shall apply. 
            If the court determines that the regulation is invalid, the 
            court shall apply, to the extent necessary and appropriate, 
            the most relevant substantive executive agency regulation 
            promulgated to implement the statutory provisions with 
            respect to which the invalid regulation was issued. Except 
            as provided in this section, the validity of regulations 
            issued under this chapter is not subject to judicial review. 
            (Pub. L. 104-1, Title IV, Sec. 409, Jan. 23, 1995, 109 Stat. 
            37.)
 399.78-10
 399.78-10  Sec. 1410. Other judicial review prohibited.
                Except as expressly authorized by sections 1407, 1408, 
            and 1409 of this title, the compliance or noncompliance with 
            the provisions of this chapter and any action taken pursuant 
            to this chapter shall not be subject to judicial review. 
            (Pub. L. 104-1, Title IV, Sec. 410, Jan. 23, 1995, 109 Stat. 
            37.)
 399.78-11
 399.78-11  Sec. 1411. Effect of failure to issue regulations.
                In any proceeding under section 1405, 1406, 1407, or 
            1408 of this title, except a proceeding to enforce section 
            1351 of this title with respect to offices listed under 
            section 1351(e)(2) of this title, if the Board has not 
            issued a regulation on a matter for which this chapter 
            requires a regulation to be issued, the hearing officer, 
            Board, or court, as the case may be, shall apply, to the 
            extent necessary and appropriate, the most relevant 
            substantive executive agency regulation promulgated to 
            implement the statutory provision at issue in the 
            proceeding. (Pub. L. 104-1, Title IV, Sec. 411, Jan. 23, 
            1995, 109 Stat. 37.)
 399.78-12
 399.78-12  Sec. 1412. Expedited review of certain appeals.
            (a) In general
                An appeal may be taken directly to the Supreme Court of 
            the United States from any interlocutory or final judgment, 
            decree, or order of a court upon the constitutionality of 
            any provision of this chapter.
            (b) Jurisdiction
                The Supreme Court shall, if it has not previously ruled 
            on the question, accept jurisdiction over the appeal 
            referred to in subsection (a) of this section, advance the 
            appeal on the docket, and expedite the appeal to the 
            greatest extent possible. (Pub. L. 104-1, Title IV, 
            Sec. 412, Jan. 23, 1995, 109 Stat. 37.)
 399.78-13
 399.78-13  Sec. 1413. Privileges and immunities.
                The authorization to bring judicial proceedings under 
            sections 1405(f)(3), 1407, and 1408 of this title shall not 
            constitute a waiver of sovereign immunity for any other 
            purpose, or of the privileges of

[[Page 574]]

            any Senator or Member of the House of Representatives under 
            article I, section 6, clause 1, of the Constitution, or a 
            waiver of any power of either the Senate or the House of 
            Representatives under the Constitution, including under 
            article I, section 5, clause 3, or under the rules of either 
            House relating to records and information within its 
            jurisdiction. (Pub. L. 104-1, Title IV, Sec. 413, Jan. 23, 
            1995, 109 Stat. 38.)
 399.78-14
 399.78-14  Sec. 1414. Settlement of complaints.
                Any settlement entered into by the parties to a process 
            described in section 1331, 1341, 1351, or 1401 of this title 
            shall be in writing and not become effective unless it is 
            approved by the Executive Director. Nothing in this chapter 
            shall affect the power of the Senate and the House of 
            Representatives, respectively, to establish rules governing 
            the process by which a settlement may be entered into by 
            such House or by any employing office of such House. (Pub. 
            L. 104-1, Title IV, Sec. 414, Jan. 23, 1995, 109 Stat. 38.)
 399.78-15
 399.78-15  Sec. 1415. Payments.
            (a) Awards and settlements
                Except as provided in subsection (c), only funds which 
            are appropriated to an account of the Office in the Treasury 
            of the United States for the payment of awards and 
            settlements may be used for the payment of awards and 
            settlements under this Act. There are authorized to be 
            appropriated for such account such sums as may be necessary 
            to pay such awards and settlements. Funds in the account are 
            not available for awards and settlements involving the 
            General Accounting Office, the Government Printing Office, 
            or the Library of Congress.
            (b) Compliance
                Except as provided in subsection (c), there are 
            authorized to be appropriated such sums as may be necessary 
            for administrative, personnel, and similar expenses of 
            employing offices which are needed to comply with this 
            chapter.
            (c) OSHA, accommodation, and access requirements
                Funds to correct violations of section 1311(a)(3), 1331, 
            or 1341 of this title may be paid only from funds 
            appropriated to the employing office or entity responsible 
            for correcting such violations. There are authorized to be 
            appropriated such sums as may be necessary for such funds. 
            (Pub. L. 104-1, Title IV, Sec. 415, Jan. 23, 1995, 109 Stat. 
            38.)
 399.78-16
 399.78-16  Sec. 1416. Confidentiality.
            (a) Counseling
                All counseling shall be strictly confidential, except 
            that the Office and a covered employee may agree to notify 
            the employing office of the allegations.
            (b) Mediation
                All mediation shall be strictly confidential.
            (c) Hearings and deliberations
                Except as provided in subsections (d), (e), and (f) of 
            this title, all proceedings and deliberations of hearing 
            officers and the Board, including any related records, shall 
            be confidential. This subsection shall not

[[Page 575]]

            apply to proceedings under section 1341 of this title, but 
            shall apply to the deliberations of hearing officers and the 
            Board under that section.
            (d) Release of records for judicial action
                The records of hearing officers and the Board may be 
            made public if required for the purpose of judicial review 
            under section 1407 of this title.
            (e) Access by committees of Congress
                At the discretion of the Executive Director, the 
            Executive Director may provide to the Committee on Standards 
            of Official Conduct of the House of Representatives and the 
            Select Committee on Ethics of the Senate access to the 
            records of the hearings and decisions of the hearing 
            officers and the Board, including all written and oral 
            testimony in the possession of the Office. The Executive 
            Director shall not provide such access until the Executive 
            Director has consulted with the individual filing the 
            complaint at issue, and until a final decision has been 
            entered under section 1405(g) or 1406(e) of this title.
            (f) Final decisions
                A final decision entered under section 1405(g) or 
            1406(e) of this title shall be made public if it is in favor 
            of the complaining covered employee, or in favor of the 
            charging party under section 1331 of this title, or if the 
            decision reverses a decision of a hearing officer which had 
            been in favor of the covered employee or charging party. The 
            Board may make public any other decision at its discretion. 
            (Pub. L. 104-1, Title IV, Sec. 416, Jan. 23, 1995, 109 Stat. 
            38.)
    399.79
    399.79  
                       Subchapter V.--Miscellaneous Provisions

  399.79-1
  399.79-1  Sec. 1431. Exercise of rulemaking powers.
                The provisions of sections 1302(b)(3) and 1384(c) of 
            this title are enacted--
                            (1) as an exercise of the rulemaking power 
                        of the House of Representatives and the Senate, 
                        respectively, and as such they shall be 
                        considered as part of the rules of such House, 
                        respectively, and such rules shall supersede 
                        other rules only to the extent that they are 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of either House to change 
                        such rules (so far as relating to such House) at 
                        any time, in the same manner, and to the same 
                        extent as in the case of any other rule of each 
                        House. (Pub. L. 104-1, Title V, Sec. 501, Jan. 
                        23, 1995, 109 Stat. 39.)
  399.79-2
  399.79-2  Sec. 1432. Political affiliation and place of residence.
            (a) In general
                It shall not be a violation of any provision of section 
            1311 of this title to consider the--
                            (1) party affiliation;
                            (2) domicile; or
                            (3) political compatibility with the 
                        employing office;

            of an employee referred to in subsection (b) of this section 
            with respect to employment decisions.

[[Page 576]]

            (b) Definition
                For purposes of subsection (a) of this title, the term 
            ``employee'' means--
                            (1) an employee on the staff of the 
                        leadership of the House of Representatives or 
                        the leadership of the Senate;
                            (2) an employee on the staff of a committee 
                        or subcommittee of--

                                (A) the House of Representatives;

                                (B) the Senate; or

                                (C) a joint committee of the Congress;

                            (3) an employee on the staff of a Member of 
                        the House of Representatives or on the staff of 
                        a Senator;
                            (4) an officer of the House of 
                        Representatives or the Senate or a congressional 
                        employee who is elected by the House of 
                        Representatives or Senate or is appointed by a 
                        Member of the House of Representatives or by a 
                        Senator (in addition an employee described in 
                        paragraph (1), (2), or (3)); or
                            (5) an applicant for a position that is to 
                        be occupied by an individual described in any of 
                        paragraphs (1) through (4). (Pub. L. 104-1, 
                        Title V, Sec. 502, Jan. 23, 1995, 109 Stat. 39.)
  399.79-3
  399.79-3  Sec. 1433. Nondiscrimination rules of the House and Senate.
                The Select Committee on Ethics of the Senate and the 
            Committee on Standards of Official Conduct of the House of 
            Representatives retain full power, in accordance with the 
            authority provided to them by the Senate and the House, with 
            respect to the discipline of Members, officers, and 
            employees for violating rules of the Senate and the House on 
            nondiscrimination in employment. (Pub. L. 104-1, Title V, 
            Sec. 503, Jan. 23, 1995, 109 Stat. 40.)
  399.79-4
  399.79-4  Sec. 1434. Judicial branch coverage study.
                The Judicial Conference of the United States shall 
            prepare a report for submission by the Chief Justice of the 
            United States to the Congress on the application to the 
            judicial branch of the Federal Government of--
                            (1) the Fair Labor Standards Act of 1938 (29 
                        U.S.C. 201 et seq.);
                            (2) Title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.);
                            (3) the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                            (4) the Age Discrimination in Employment Act 
                        of 1967 (29 U.S.C. 621 et seq.);
                            (5) the Family and Medical Leave Act of 1993 
                        (29 U.S.C. 2611 et seq.);
                            (6) the Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.);
                            (7) chapter 71 (relating to Federal service 
                        labor-management relations) of title 5;
                            (8) the Employee Polygraph Protection Act of 
                        1988 (29 U.S.C. 2001 et seq.);
                            (9) the Worker Adjustment and Retraining 
                        Notification Act (29 U.S.C. 2101 et seq.);
                            (10) the Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.); and

[[Page 577]]

                            (11) chapter 43 (relating to veterans' 
                        employment and reemployment) of title 38.
                The report shall be submitted to Congress not later than 
            December 31, 1996, and shall include any recommendations the 
            Judicial Conference may have for legislation to provide to 
            employees of the judicial branch the rights, protections, 
            and procedures under the listed laws, including 
            administrative and judicial relief, that are comparable to 
            those available to employees of the legislative branch under 
            subchapter I through IV of this chapter. (Pub. L. 104-1, 
            Title V, Sec. 505, Jan. 23, 1995, 109 Stat. 41.)
  399.79-5
  399.79-5  Sec. 1435. Savings provisions.
            (a) Transition provisions for employees of the House of 
                Representatives and of the Senate
                (1) Claims arising before effective date
                            If, as of the date on which section 1311 of 
                        this title takes effect, an employee of the 
                        Senate or the House of Representatives has or 
                        could have requested counseling under section 
                        305 of the Government Employees Rights Act of 
                        1991 (2 U.S.C. 1205) or Rule LI of the House of 
                        Representatives, including counseling for 
                        alleged violations of family and medical leave 
                        rights under subchapter V of chapter 28 of title 
                        29, the employee may complete, or initiate and 
                        complete, all procedures under chapter 23 of 
                        this title and Rule LI, and the provisions of 
                        that chapter and Rule shall remain in effect 
                        with respect to, and provide the exclusive 
                        procedures for, those claims until the 
                        completion of all such procedures.
                (2) Claims arising between effective date and opening of 
            office
                            If a claim by an employee of the Senate or 
                        House of Representatives arises under section 
                        1311 or 1312 of this title after January 23, 
                        1995, but before the opening of the Office for 
                        receipt of requests for counseling or mediation 
                        under sections 1402 and 1403 of this title, the 
                        provisions of chapter 23 of this title and Rule 
                        LI of the House of Representatives relating to 
                        counseling and mediation shall remain in effect, 
                        and the employee may complete under that Act or 
                        Rule the requirements for counseling and 
                        mediation under sections 1402 and 1403 of this 
                        title. If, after counseling and mediation is 
                        completed, the Office has not yet opened for the 
                        filing of a timely complaint under section 1405 
                        of this title, the employee may elect--

                                (A) to file a complaint under section 
                            307 of the Government Employees Rights Act 
                            of 1991 (2 U.S.C. 1207) or Rule LI of the 
                            House of Representatives, and thereafter 
                            proceed exclusively under that Act or Rule, 
                            the provisions of which shall remain in 
                            effect until the completion of all 
                            proceedings in relation to the complaint, or

                                (B) to commence a civil action under 
                            section 1408 of this title.

                (3) Section 1207a of this title
                            With respect to payments of awards and 
                        settlements relating to Senate employees under 
                        paragraph (1) of this subsection, section 1207a 
                        of this title remains in effect.

[[Page 578]]

            (b) Transition provisions for employees of the Architect of 
                the Capitol
                (1) Claims arising before effective date
                            If, as of January 23, 1995, an employee of 
                        the Architect of the Capitol has or could have 
                        filed a charge or complaint regarding an alleged 
                        violation of section 166b-7(e)(2) of title 40, 
                        the employee may complete, or initiate and 
                        complete, all procedures under section 166b-7(e) 
                        title 40, the provisions of which shall remain 
                        in effect with respect to, and provide the 
                        exclusive procedures for, that claim until the 
                        completion of all such procedures.
                (2) Claims arising between effective date and opening of 
            office
                            If a claim by an employee of the Architect 
                        of the Capitol arises under section 1311 or 1312 
                        of this title after January 23, 1995, but before 
                        the opening of the Office for receipt of 
                        requests for counseling or mediation under 
                        sections 1402 and 1403 of this title, the 
                        employee may satisfy the requirements for 
                        counseling and mediation by exhausting the 
                        requirements prescribed by the Architect of the 
                        Capitol in accordance with section 166b-7(e)(3) 
                        of title 40. If, after exhaustion of those 
                        requirements the Office has not yet opened for 
                        the filing of a timely complaint under section 
                        1405 of this title, the employee may elect--

                                (A) to file a charge with the General 
                            Accounting Office Personnel Appeals Board 
                            pursuant to section 166b-7(e)(3) of title 
                            40, and thereafter proceed exclusively under 
                            section 166b-7(e) of title 40, the 
                            provisions of which shall remain in effect 
                            until the completion of all proceedings in 
                            relation to the charge, or

                                (B) to commence a civil action under 
                            section 1408 of this title.

                (c) Transition provision relating to matters other than 
            employment under section 12209 of title 42
                            With respect to matters other than 
                        employment under section 12209 of title 42, the 
                        rights, protections, remedies, and procedures of 
                        section 12209 of title 42 shall remain in effect 
                        until section 1331 of this title takes effect 
                        with respect to each of the entities covered by 
                        section 12209 of this title. (Pub. L. 104-1, 
                        Title V, Sec. 506, Jan. 23, 1995, 109 Stat. 42.)

  

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

  

  399.79-7
  399.79-7  Sec. 1437. Sense of Senate regarding adoption of simplified 
                and streamlined acquisition procedures for Senate 
                acquisitions.
                It is the sense of the Senate that the Committee on 
            Rules and Administration of the Senate should review the 
            rules applicable to purchases by Senate offices to determine 
            whether they are consistent with the acquisition 
            simplification and streamlining laws enacted in chapter 4 of 
            title 41. (Pub. L. 104-1, Title V, Sec. 508, Jan. 23, 1995, 
            109 Stat. 44.)
  399.79-8
  399.79-8  Sec. 1438. Severability.
                If any provision of this chapter or the application of 
            such provision to any person or circumstance is held to be 
            invalid, the remainder of this chapter and the application 
            of the provisions of the remainder

[[Page 579]]

            to any person or circumstance shall not be affected thereby. 
            (Pub. L. 104-1, Title V, Sec. 509, Jan. 23, 1995, 109 Stat. 
            44.)
    399.80
    399.80  
                        Chapter 25.--UNFUNDED MANDATES REFORM

  399.80-1
  399.80-1  Sec. 1501. Purposes.
                The purposes of this chapter are--
                            (1) to strengthen the partnership between 
                        the Federal Government and State, local, and 
                        tribal governments;
                            (2) to end the imposition, in the absence of 
                        full consideration by Congress, of Federal 
                        mandates on State, local, and tribal governments 
                        without adequate Federal funding, in a manner 
                        that may displace other essential State, local, 
                        and tribal governmental priorities;
                            (3) to assist Congress in its consideration 
                        of proposed legislation establishing or revising 
                        Federal programs containing Federal mandates 
                        affecting State, local, and tribal governments, 
                        and the private sector by--

                                (A) providing for the development of 
                            information about the nature and size of 
                            mandates in proposed legislation; and

                                (B) establishing a mechanism to bring 
                            such information to the attention of the 
                            Senate and the House of Representatives 
                            before the Senate and the House of 
                            Representatives vote on proposed 
                            legislation;

                            (4) to promote informed and deliberate 
                        decisions by Congress on the appropriateness of 
                        Federal mandates in any particular instance;
                            (5) to require that Congress consider 
                        whether to provide funding to assist State, 
                        local, and tribal governments in complying with 
                        Federal mandates, to require analyses of the 
                        impact of private sector mandates, and through 
                        the dissemination of that information provide 
                        informed and deliberate decisions by Congress 
                        and Federal agencies and retain competitive 
                        balance between the public and private sectors;
                            (6) to establish a point-of-order vote on 
                        the consideration in the Senate and House of 
                        Representatives of legislation containing 
                        significant Federal intergovernmental mandates 
                        without providing adequate funding to comply 
                        with such mandates;
                            (7) to assist Federal agencies in their 
                        consideration of proposed regulations affecting 
                        State, local, and tribal governments, by--

                                (A) requiring that Federal agencies 
                            develop a process to enable the elected and 
                            other officials of State, local, and tribal 
                            governments to provide input when Federal 
                            agencies are developing regulations; and

                                (B) requiring that Federal agencies 
                            prepare and consider estimates of the 
                            budgetary impact of regulations containing 
                            Federal mandates upon State, local, and 
                            tribal governments and the private sector 
                            before adopting such regulations, and 
                            ensuring that small governments are given 
                            special consideration in that process; and

                            (8) to begin consideration of the effect of 
                        previously imposed Federal mandates, including 
                        the impact on State, local, and tribal 
                        governments of Federal court interpretations of 
                        Federal statutes and regulations that impose 
                        Federal intergovernmental mandates. (Pub. L. 
                        104-4, Sec. 2, Mar. 22, 1995, 109 Stat. 48.)

[[Page 580]]


  399.80-2
  399.80-2  Sec. 1502. Definitions.
                For purposes of this chapter--
                            (1) except as provided in section 1555 of 
                        this title, the terms defined under section 658 
                        of this title shall have the meanings as so 
                        defined; and
                            (2) the term ``Director'' means the Director 
                        of the Congressional Budget Office. (Pub. L. 
                        104-4, Sec. 3, Mar. 22, 1995, 109 Stat. 49.)
  399.80-3
  399.80-3  Sec. 1503. Exclusions.
                This chapter shall not apply to any provision in a bill, 
            joint resolution, amendment, motion, or conference report 
            before Congress and any provision in a proposed or final 
            Federal regulation that--
                            (1) enforces constitutional rights of 
                        individuals;
                            (2) establishes or enforces any statutory 
                        rights that prohibit discrimination on the basis 
                        of race, color, religion, sex, national origin, 
                        age, handicap, or disability;
                            (3) requires compliance with accounting and 
                        auditing procedures with respect to grants or 
                        other money or property provided by the Federal 
                        Government;
                            (4) provide for emergency assistance or 
                        relief at the request of any State, local, or 
                        tribal government or any official of a State, 
                        local, or tribal government;
                            (5) is necessary for the national security 
                        or the ratification or implementation of 
                        international treaty obligations;
                            (6) the President designates as emergency 
                        legislation and that the Congress so designates 
                        in statute; or
                            (7) relates to the old-age, survivors, and 
                        disability insurance program under subchapter II 
                        of chapter 7 of title 42 (including taxes 
                        imposed by sections 3101(a) and 3111(a) of title 
                        26 (relating to old-age, survivors, and 
                        disability insurance)). (Pub. L. 104-4, Sec. 4, 
                        Mar. 22, 1995, 109 Stat. 49.)
  399.80-4
  399.80-4  Sec. 1504. Agency assistance.
                Each agency shall provide to the Director such 
            information and assistance as the Director may reasonably 
            request to assist the Director in carrying out this chapter. 
            (Pub. L. 104-4, Sec. 5, Mar. 22, 1995, 109 Stat. 50.)
    399.81
    399.81  
                Subchapter I.--Legislative Accountability and Reform

  399.81-1
  399.81-1  Sec. 1511. Cost of regulations.
            (a) Sense of the Congress
                It is the sense of the Congress that Federal agencies 
            should review and evaluate planned regulations to ensure 
            that the cost estimates provided by the Congressional Budget 
            Office will be carefully considered as regulations are 
            promulgated.
            (b) Statement of cost
                At the request of a committee chairman or ranking 
            minority member, the Director shall, to the extent 
            practicable, prepare a comparison between--
                            (1) an estimate by the relevant agency, 
                        prepared under section 1532 of this title, of 
                        the costs of regulations implementing an Act 
                        containing a Federal mandate; and

[[Page 581]]

                            (2) the cost estimate prepared by the 
                        Congressional Budget Office for such Act when it 
                        was enacted by the Congress.
            (c) Cooperation of Office of Management and Budget
                At the request of the Director of the Congressional 
            Budget Office, the Director of the Office of Management and 
            Budget shall provide data and cost estimates for regulations 
            implementing an Act containing a Federal mandate covered by 
            part B of title IV of the Congressional Budget and 
            Impoundment Control Act of 1974 (2 U.S.C. 658 et seq.). 
            (Pub. L. 104-4, Title I, Sec. 103, Mar. 22, 1995, 109 Stat. 
            62.)
                                   Effective Date
                Section 110 of Pub. L. 104-4 provided that: ``This title 
            [enacting this subchapter and part B of subchapter II of 
            chapter 17a of this title, and amending sections 602, 632, 
            653 of this title] shall take effect on January 1, 1996 or 
            on the date 90 days after appropriations are made available 
            as authorized under section 109, whichever is earlier and 
            shall apply to legislation considered on and after such 
            date.''
  399.81-2
  399.81-2  Sec. 1512. Consideration for Federal funding.
                Nothing in this chapter shall preclude a State, local, 
            or tribal government that already complies with all or part 
            of the Federal intergovernmental mandates included in the 
            bill, joint resolution, amendment, motion, or conference 
            report from consideration for Federal funding under section 
            658d(a)(2) of this title for the cost of the mandate, 
            including the costs the State, local, or tribal government 
            is currently paying and any additional costs necessary to 
            meet the mandate. (Pub. L. 104-4, Title I, Sec. 105, Mar. 
            22, 1995, 109 Stat. 62.)
  399.81-3
  399.81-3  Sec. 1513. Impact on local governments.
            (a) Findings
                The Senate finds that--
                            (1) the Congress should be concerned about 
                        shifting costs from Federal to State and local 
                        authorities and should be equally concerned 
                        about the growing tendency of States to shift 
                        costs to local governments;
                            (2) cost shifting from States to local 
                        governments has, in many instances, forced local 
                        governments to raise property taxes or curtail 
                        sometimes essential services; and
                            (3) increases in local property taxes and 
                        cuts in essential services threaten the ability 
                        of many citizens to attain and maintain the 
                        American dream of owning a home in a safe, 
                        secure community.
            (b) Sense of the Senate
                It is the sense of the Senate that--
                            (1) the Federal Government should not shift 
                        certain costs to the State, and States should 
                        end the practice of shifting costs to local 
                        governments, which forces many local governments 
                        to increase property taxes;
                            (2) States should end the imposition, in the 
                        absence of full consideration by their 
                        legislatures, of State issued mandates on local 
                        governments without adequate State funding, in a 
                        manner that may displace other essential 
                        government priorities; and
                            (3) one primary objective of this chapter 
                        and other efforts to change the relationship 
                        among Federal, State, and local govern

[[Page 582]]

                        ments should be to reduce taxes and spending at 
                        all levels and to end the practice of shifting 
                        costs from one level of government to another 
                        with little or no benefit to taxpayers. (Pub. L. 
                        104-4, Title I, Sec. 106, Mar. 22, 1995, 109 
                        Stat. 63.)
  399.81-4
  399.81-4  Sec. 1514. Enforcement in the House of Representatives.
            (a) Omitted.
            (b) Committee on Rules Reports on Waived Points of Order
                The Committee on Rules shall include in the report 
            required by clause 1(d) of rule XI (relating to its 
            activities during the Congress) of the Rules of the House of 
            Representatives a separate item identifying all waivers of 
            points of order relating to Federal mandates, listed by bill 
            or joint resolution number and the subject matter of that 
            measure. (Pub. L. 104-4, Title I, Sec. 107, Mar. 22, 1995, 
            109 Stat. 63.)
  399.81-5
  399.81-5  Sec. 1515. Exercise of rulemaking powers.
                The provisions of sections 658 to 658g and 1514 of this 
            title are enacted by Congress--
                            (1) as an exercise of the rulemaking power 
                        of the Senate and the House of Representatives, 
                        respectively, and as such they shall be 
                        considered as part of the rules of such House, 
                        respectively, and such rules shall supersede 
                        other rules only to the extent that they are 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of either House to change 
                        such rules (so far as relating to such House) at 
                        any time, in the same manner, and to the same 
                        extent as in the case of any other rule of each 
                        House. (Pub. L. 104-4, Title I, Sec. 108, Mar. 
                        22, 1995, 109 Stat. 63.)
  399.81-6
  399.81-6  Sec. 1516. Authorization of appropriations.
                There are authorized to be appropriated to the 
            Congressional Budget Office $4,500,000 for each of the 
            fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to 
            carry out the provisions of this subchapter. (Pub. L. 104-4, 
            Title I, Sec. 109, Mar. 22, 1995, 109 Stat. 64.)
    399.83
    399.83  
                Subchapter II.--Regulatory Accountability and Reform

  399.83-1
  399.83-1  Sec. 1531. Regulatory process.
                Each agency shall, unless otherwise prohibited by law, 
            assess the effects of Federal regulatory actions on State, 
            local, and tribal governments, and the private sector (other 
            than to the extent that such regulations incorporate 
            requirements specifically set forth in law). (Pub. L. 104-4, 
            Title II, Sec. 201, Mar. 22, 1995, 109 Stat. 64.)
  399.83-2
  399.83-2  Sec. 1532. Statements to accompany significant regulatory 
                actions.
            (a) In general
                Unless otherwise prohibited by law, before promulgating 
            any general notice of proposed rulemaking that is likely to 
            result in promulgation of any rule that includes any Federal 
            mandate that may result in the expenditure by State, local, 
            and tribal governments, in the aggregate, or by the private 
            sector, of $100,000,000 or more (adjusted annually for 
            inflation) in any 1 year, and before promulgating any final 
            rule for which a general notice of proposed rulemaking was 
            published, the agency shall prepare a written statement 
            containing--

[[Page 583]]

                            (1) an identification of the provision of 
                        Federal law under which the rule is being 
                        promulgated;
                            (2) a qualitative and quantitative 
                        assessment of the anticipated costs and benefits 
                        of the Federal mandate, including the costs and 
                        benefits to State, local, and tribal governments 
                        or the private sector, as well as the effect of 
                        the Federal mandate of health, safety, and the 
                        natural environment and such an assessment shall 
                        include--

                                (A) an analysis of the extent to which 
                            such costs to State, local, and tribal 
                            governments may be paid with Federal 
                            financial assistance (or otherwise paid for 
                            by the Federal Government); and

                                (B) the extent to which there are 
                            available Federal resources to carry out the 
                            intergovernmental mandate;

                            (3) estimates by the agency, if and to the 
                        extent that the agency determines that accurate 
                        estimates are reasonably feasible, of--

                                (A) the future compliance costs of the 
                            Federal mandate; and

                                (B) any disproportionate budgetary 
                            effects of the Federal mandate upon any 
                            particular regions of the nation or 
                            particular State, local, or tribal 
                            governments, urban or rural or other types 
                            of communities, or particular segments of 
                            the private sector;

                            (4) estimates by the agency of the effect on 
                        the national economy, such as the effect on 
                        productivity, economic growth, full employment, 
                        creation of productive jobs, and international 
                        competitiveness of United States goods and 
                        services, if and to the extent that the agency 
                        in its sole discretion determines that accurate 
                        estimates are reasonably feasible and that such 
                        effect is relevant and material; and
                            (5)(A) a description of the extent of the 
                        agency's prior consultation with elected 
                        representatives (under section 1534 of this 
                        title) of the affected State, local, and tribal 
                        governments;
                            (B) a summary of the comments and concerns 
                        that were presented by State, local, or tribal 
                        governments either orally or in writing to the 
                        agency; and
                            (C) a summary of the agency's evaluation of 
                        those comments and concerns.
            (b) Promulgation
                In promulgating a general notice of proposed rulemaking 
            or a final rule for which a statement under subsection (a) 
            of this section is required, the agency shall include in the 
            promulgation a summary of the information contained in the 
            statement.
            (c) Preparation in conjunction with other statement
                Any agency may prepare any statement required under 
            subsection (a) of this section in conjunction with or as 
            part of any other statement or analysis, provided that the 
            statement or analysis satisfies the provisions of subsection 
            (a) of this section. (Pub. L. 104-4, Title II, Sec. 202, 
            Mar. 22, 1995, 109 Stat. 64.)
  399.83-3
  399.83-3  Sec. 1533. Small government agency plan.
            (a) Effects on small governments
                Before establishing any regulatory requirements that 
            might significantly or uniquely affect small governments, 
            agencies shall have developed a plan under which the agency 
            shall--

[[Page 584]]

                            (1) provide notice of the requirements to 
                        potentially affected small governments, if any;
                            (2) enable officials of affected small 
                        governments to provide meaningful and timely 
                        input in the development of regulatory proposals 
                        containing significant Federal intergovernmental 
                        mandates; and
                            (3) inform, educate, and advise small 
                        governments on compliance with the requirements.
            (b) Authorization of appropriations
                There are authorized to be appropriated to each agency, 
            to carry out the provisions of this section and for no other 
            purpose, such sums as are necessary. (Pub. L. 104-4, Title 
            II, Sec. 203, Mar. 22, 1995, 109 Stat. 65.)
  399.83-4
  399.83-4  Sec. 1534. State, local, and tribal government input.
            (a) In general
                Each agency shall, to the extent permitted in law, 
            develop an effective process to permit elected officers of 
            State, local, and tribal governments (or their designated 
            employees with authority to act on their behalf) to provide 
            meaningful and timely input in the development of regulatory 
            proposals containing significant Federal intergovernmental 
            mandates.
            (b) Meetings between State, local, tribal and Federal 
                officers
                The Federal Advisory Committee Act (5 U.S.C. App.) shall 
            not apply to actions in support of intergovernmental 
            communications where--
                            (1) meetings are held exclusively between 
                        Federal officials and elected officers of State, 
                        local, and tribal governments (or their 
                        designated employees with authority to act on 
                        their behalf) acting in their official 
                        capacities; and
                            (2) such meetings are solely for the 
                        purposes of exchanging views, information, or 
                        advice relating to the management or 
                        implementation of Federal programs established 
                        pursuant to public law that explicitly or 
                        inherently share intergovernmental 
                        responsibilities or administration.
            (c) Implementing guidelines
                No later than 6 months after March 22, 1995, the 
            President shall issue guidelines and instructions to Federal 
            agencies for appropriate implementation of subsections (a) 
            and (b) of this section consistent with applicable laws and 
            regulations. (Pub. L. 104-4, Title II, Sec. 204, Mar. 22, 
            1995, 109 Stat. 65.)
  399.83-5
  399.83-5  Sec. 1535. Least burdensome option or explanation required.
            (a) In general
                Except as provided in subsection (b) of this section, 
            before promulgating any rule for which a written statement 
            is required under section 1532 of this title, the agency 
            shall identify and consider a reasonable number of 
            regulatory alternatives and from those alternatives select 
            the least costly, most cost-effective or least burdensome 
            alternative that achieves the objectives of the rule, for--
                            (1) State, local, and tribal governments, in 
                        the case of a rule containing a Federal 
                        intergovernmental mandate; and
                            (2) the private sector, in the case of a 
                        rule containing a Federal private sector 
                        mandate.

[[Page 585]]

            (b) Exception
                The provisions of subsection (a) of this section shall 
            apply unless--
                            (1) the head of the affected agency 
                        publishes with the final rule an explanation of 
                        why the least costly, most cost-effective or 
                        least burdensome method of achieving the 
                        objectives of the rule was not adopted; or
                            (2) the provisions are inconsistent with 
                        law.
            (c) OMB certification
                No later than 1 year after March 22, 1995, the Director 
            of the Office of Management and Budget shall certify to 
            Congress, with a written explanation, agency compliance with 
            this section and include in that certification agencies and 
            rulemakings that fail to adequately comply with this 
            section. (Pub. L. 104-4, Title II, Sec. 205, Mar. 22, 1995, 
            109 Stat. 66.)
  399.83-6
  399.83-6  Sec. 1536. Assistance to the Congressional Budget Office.
                The Director of the Office of Management and Budget 
            shall--
                            (1) collect from agencies the statements 
                        prepared under section 1532 of this title; and
                            (2) periodically forward copies of such 
                        statements to the Director of the Congressional 
                        Budget Office on a reasonably timely basis after 
                        promulgation of the general notice of proposed 
                        rulemaking or of the final rule for which the 
                        statement was prepared. (Pub. L. 104-4, Title 
                        II, Sec. 206, Mar. 22, 1995, 109 Stat. 66.)
  399.83-7
  399.83-7  Sec. 1537. Pilot program on small government flexibility.
            (a) In general
                The Director of the Office of Management and Budget, in 
            consultation with Federal agencies, shall establish pilot 
            programs in at least two agencies to test innovative, and 
            more flexible regulatory approaches that--
                            (1) reduce reporting and compliance burdens 
                        on small governments; and
                            (2) meet overall statutory goals and 
                        objectives.
            (b) Program focus
                The pilot programs shall focus on rules in effect or 
            proposed rules, or a combination thereof. (Pub. L. 104-4, 
            Title II, Sec. 207, Mar. 22, 1995, 109 Stat. 67.)
  399.83-8
  399.83-8  Sec. 1538. Annual statements to Congress on agency 
                compliance.
                No later than 1 year after March 22, 1995 and annually 
            thereafter, the Director of the Office of Management and 
            Budget shall submit to the Congress, including the Committee 
            on Governmental Affairs of the Senate and the Committee on 
            Government Reform and Oversight of the House of 
            Representatives, a written report detailing compliance by 
            each agency during the preceding reporting period with the 
            requirements of this subchapter. (Pub. L. 104-4, Title II, 
            Sec. 208, Mar. 22, 1995, 109 Stat. 67.)

[[Page 586]]


    399.85
    399.85  
                     Subchapter III.--Review of Federal Mandates

  399.85-1
  399.85-1  Sec. 1551. Baseline study of costs and benefits.
            (a) In general
                No later than 18 months after March 22, 1995, the 
            Advisory Commission on Intergovernmental Relations 
            (hereafter in this title referred to as the ``Advisory 
            Commission''), in consultation with the Director, shall 
            complete a study to examine the measurement and definition 
            issues involved in calculating the total costs and benefits 
            to State, local, and tribal governments of compliance with 
            Federal law.
            (b) Considerations
                The study required by this sections shall consider--
                            (1) the feasibility of measuring indirect 
                        costs and benefits as well as direct costs and 
                        benefits of the Federal, State, local, and 
                        tribal relationship; and
                            (2) how to measure both the direct and 
                        indirect benefits of Federal financial 
                        assistance and tax benefits to State, local, and 
                        tribal governments. (Pub. L. 104-4, Title III, 
                        Sec. 301, Mar. 22, 1995, 109 Stat. 67.)
  399.85-2
  399.85-2  Sec. 1552. Report on Federal mandates by Advisory Commission 
                on Intergovernmental Relations.
            (a) In general
                The Advisory Commission on Intergovernmental Relations 
            shall in accordance with this section--
                            (1) investigate and review the role of 
                        Federal mandates in intergovernmental relations 
                        and their impact on State, local, tribal, and 
                        Federal government objectives and 
                        responsibilities, and their impact on the 
                        competitive balance between State, local, and 
                        tribal governments, and the private sector and 
                        consider views of and the impact on working men 
                        and women on those same matters;
                            (2) investigate and review the role of 
                        unfunded State mandates imposed on local 
                        governments;
                            (3) make recommendations to the President 
                        and the Congress regarding--

                                (A) allowing flexibility for State, 
                            local, and tribal governments in complying 
                            with specific Federal mandates for which 
                            terms of compliance are unnecessarily rigid 
                            or complex;

                                (B) reconciling any two or more Federal 
                            mandates which impose contradictory or 
                            inconsistent requirements;

                                (C) terminating Federal mandates which 
                            are duplicative, obsolete, or lacking in 
                            practical utility;

                                (D) suspending, on a temporary basis, 
                            Federal mandates which are not vital to 
                            public health and safety and which compound 
                            the fiscal difficulties of State, local, and 
                            tribal governments, including 
                            recommendations for triggering such 
                            suspension;

                                (E) consolidating or simplifying Federal 
                            mandates, or the planning or reporting 
                            requirements of such mandates, in order to 
                            reduce duplication and facilitate compliance 
                            by State, local, and tribal governments with 
                            those mandates;

[[Page 587]]

                                (F) establishing common Federal 
                            definitions or standards to be used by 
                            State, local, and tribal governments in 
                            complying with Federal mandates that use 
                            different definitions or standards for the 
                            same terms or principles; and

                                (G)(i) the mitigation of negative 
                            impacts on the private sector that may 
                            result from relieving State, local, and 
                            tribal governments from Federal mandates (if 
                            and to the extent that such negative impacts 
                            exist on the private sector); and

                                (ii) the feasibility of applying relief 
                            from Federal mandates in the same manner and 
                            to the same extent to private sector 
                            entities as such relief is applied to State, 
                            local, and tribal governments; and

                            (4) identify and consider in each 
                        recommendation made under paragraph (3), to the 
                        extent practicable--

                                (A) the specific Federal mandates to 
                            which the recommendation applies, including 
                            requirements of the departments, agencies, 
                            and other entities of the Federal Government 
                            that State, local, and tribal governments 
                            utilize metric systems of measurement; and

                                (B) any negative impact on the private 
                            sector that may result from implementation 
                            of the recommendation.

            (b) Criteria
                (1) In general
                The Commission shall establish criteria for making 
            recommendations under subsection (a) of this section.
                (2) Issuance of proposed criteria
                The Commission shall issue proposed criteria under this 
            subsection no later than 60 days after March 22, 1995, and 
            thereafter provide a period of 30 days for submission by the 
            public of comments on the proposed criteria.
                (3) Final criteria
                No later than 45 days after the date of issuance of 
            proposed criteria, the Commission shall--
                            (A) consider comments on the proposed 
                        criteria received under paragraph (2);
                            (B) adopt and incorporate in final criteria 
                        any recommendations submitted in those comments 
                        that the Commission determines will aid the 
                        Commission in carrying out its duties under this 
                        section; and
                            (C) issue final criteria under this 
                        subsection.
            (c) Preliminary report
                (1) In general
                            No later than 9 months after March 22, 1995, 
                        the Commission shall--

                                (A) prepare and publish a preliminary 
                            report on its activities under this 
                            subchapter, including preliminary 
                            recommendations pursuant to subsection (a) 
                            of this section;

                                (B) publish in the Federal Register a 
                            notice of availability of the preliminary 
                            report; and

                                (C) provide copies of the preliminary 
                            report to the public upon request.

                (2) Public hearings

[[Page 588]]

                            The Commission shall hold public hearings on 
                        the preliminary recommendations contained in the 
                        preliminary report of the Commission under this 
                        subsection.
            (d) Final report
                No later than 3 months after the date of the publication 
            of the preliminary report under subsection (c) of this 
            section, the Commission shall submit to the Congress, 
            including the Committee on Government Reform and Oversight 
            of the House of Representatives, the Committee on 
            Governmental Affairs of the Senate, the Committee on the 
            Budget of the Senate, and the Committee on the Budget of the 
            House of Representatives, and to the President a final 
            report on the findings, conclusions, and recommendations of 
            the Commission under this section.
            (e) Priority to mandates that are subject of judicial 
                proceedings
                In carrying out this section, the Advisory Commission 
            shall give the highest priority to immediately 
            investigating, reviewing, and making recommendations 
            regarding Federal mandates that are the subject of judicial 
            proceedings between the United States and a State, local, or 
            tribal government.
            (f) Definition
                For purposes of this section the term ``State mandate'' 
            means any provision in a State statute or regulation that 
            imposes an enforceable duty on local governments, the 
            private sector, or individuals, including a condition of 
            State assistance or a duty arising from participation in a 
            voluntary State program. (Pub. L. 104-4, Title III, 
            Sec. 302, Mar. 22, 1995, 109 Stat. 67.)
  399.85-3
  399.85-3  Sec. 1553. Special authorities of Advisory Commission.
            (a) Experts and consultants
                For purposes of carrying out this subchapter, the 
            Advisory Commission may procure temporary and intermittent 
            services of experts or consultants under section 3109(b) of 
            title 5.
            (b) Detail of staff of Federal agencies
                Upon request of the Executive Director of the Advisory 
            Commission, the head of any Federal department or agency may 
            detail, on a reimbursable basis, any of the personnel of 
            that department or agency to the Advisory Commission to 
            assist it in carrying out this subchapter.
            (c) Administrative support services
                Upon the request of the Advisory Commission, the 
            Administrator of General Services shall provide to the 
            Advisory Commission, on a reimbursable basis, the 
            administrative support services necessary for the Advisory 
            Commission to carry out its duties under this subchapter.
            (d) Contract authority
                The Advisory Commission may, subject to appropriate, 
            contract with and compensate government and private persons 
            (including agencies) for property and services used to carry 
            out its duties under this subchapter. (Pub. L. 104-4, Title 
            III, Sec. 303, Mar. 22, 1995, 109 Stat. 69.)

[[Page 589]]


  399.85-4
  399.85-4  Sec. 1554. Annual report to Congress regarding Federal court 
                rulings.
                No later than 4 months after March 22, 1995, and no 
            later than March 15 of each year thereafter, the Advisory 
            Commission on Intergovernmental Relations shall submit to 
            the Congress, including the Committee on Government Reform 
            and Oversight of the House of Representatives and the 
            Committee on Governmental Affairs of the Senate, and to the 
            President a report describing any Federal court case to 
            which a State, local, or tribal government was a party in 
            the preceding calendar year that required such State, local, 
            or tribal government to undertake responsibilities or 
            activities, beyond those such government would otherwise 
            have undertaken, to comply with Federal statutes and 
            regulations. (Pub. L. 104-4, Title III, Sec. 304, Mar. 22, 
            1995, 109 Stat. 70.)
  399.85-5
  399.85-5  Sec. 1555. Definition.
                Notwithstanding section 1502 of this title, for purposes 
            of this subchapter the term ``Federal mandate'' means any 
            provision in statute or regulation or any Federal court 
            ruling that imposes an enforceable duty upon State, local, 
            or tribal governments including a condition of Federal 
            assistance or a duty arising from participation in a 
            voluntary Federal program. (Pub. L. 104-4, Title III, 
            Sec. 305, Mar. 22, Stat. 70.)
  399.85-6
  399.85-6  Sec. 1556. Authorization of appropriations.
                There are authorized to be appropriated to the Advisory 
            Commission to carry out section 1551 and section 1552 of 
            this title, $500,000 for each of fiscal years 1995 and 1996. 
            (Pub. L. 104-4, Title III, Sec. 306, Mar. 22, 1995, 109 
            Stat. 70.)
    399.87
    399.87  
                           Subchapter IV.--Judicial Review

  399.87-1
  399.87-1  Sec. 1571. Judicial review.
            (a) Agency statements on significant regulatory actions
                (1) In general
                            Compliance or noncompliance by any agency 
                        with the provisions of sections 1532 and 1533(a) 
                        (1) and (2) of this title shall be subject to 
                        judicial review only in accordance with this 
                        section.
                (2) Limited review of agency compliance or noncompliance
                            (A) Agency compliance or noncompliance with 
                        the provisions of sections 1532 and 1533(a) (1) 
                        and (2) of this title shall be subject to 
                        judicial review only under section 706(1) of 
                        title 5, and only as provided under subparagraph 
                        (B).
                            (B) If an agency fails to prepare the 
                        written statement (including the preparation of 
                        the estimates, analyses, statements, or 
                        descriptions) under section 1532 of this title 
                        or the written plan under section 1533(a) (1) 
                        and (2) of this title, a court may compel the 
                        agency to prepare such written statement.
                (3) Review of agency rules
                            In any judicial review under any other 
                        Federal law of an agency rule for which a 
                        written statement or plan is required under 
                        sections 1532 and 1533(a) (1) and (2) of this 
                        title, the inadequacy or failure to prepare such 
                        statement (including the inadequacy or failure 
                        to prepare any estimate, analysis, statement or 
                        description) or written plan shall not be used 
                        as a basis for staying, enjoining, invalidating 
                        or otherwise affecting such agency rule.

[[Page 590]]

                (4) Certain information as part of record
                            Any information generated under sections 
                        1532 and 1533(a) (1) and (2) of this title that 
                        is part of the rulemaking record for judicial 
                        review under the provisions of any other Federal 
                        law may be considered as part of the record for 
                        judicial review conducted under such other 
                        provisions of Federal law.
                (5) Application of other Federal law
                            For any petition under paragraph (2) the 
                        provisions of such other Federal law shall 
                        control all other matters, such as exhaustion of 
                        administrative remedies, the time for and manner 
                        of seeking review and venue, except that if such 
                        other Federal law does not provide a limitation 
                        on the time for filing a petition for judicial 
                        review that is less than 180 days, such 
                        limitation shall be 180 days after a final rule 
                        is promulgated by the appropriate agency.
                (6) Effective date
                            This subsection shall take effect on October 
                        1, 1995, and shall apply only to any agency rule 
                        for which a general notice of proposed 
                        rulemaking is promulgated on or after such date.
            (b) Judicial review and rule of construction
                Except as provided in subsection (a) of this section
                            (1) any estimate, analysis, statement, 
                        description or report prepared under this 
                        chapter, and any compliance or noncompliance 
                        with the provisions of this chapter, and any 
                        determination concerning the applicability of 
                        the provisions of this chapter shall not be 
                        subject to judicial review; and
                            (2) no provision of this chapter shall be 
                        construed to create any right or benefit, 
                        substantive or procedural, enforceable by any 
                        person in any administrative or judicial action. 
                        (Pub. L. 104-4, Title IV, Sec. 401, Mar. 22, 
                        1995, 109 Stat. 70.)
    399.90
    399.90  
                   Chapter 26.--DISCLOSURE OF LOBBYING ACTIVITIES

  399.90-1
  399.90-1  Sec. 1601. Findings.
                The Congress finds that--
                            (1) responsible representative Government 
                        requires public awareness of the efforts of paid 
                        lobbyists to influence the public decision-
                        making process in both the legislative and 
                        executive branches of the Federal Government;
                            (2) existing lobbying disclosure statutes 
                        have been ineffective because of unclear 
                        statutory language, weak administrative and 
                        enforcement provisions, and an absence of clear 
                        guidance as to who is required to register and 
                        what they are required to disclose; and
                            (3) the effective public disclosure of the 
                        identity and extent of the efforts of paid 
                        lobbyists to influence Federal officials in the 
                        conduct of Government actions will increase 
                        public confidence in the integrity of 
                        Government. (Pub. L. 104-65, Sec. 2, Dec. 19, 
                        1995, 109 Stat. 691.)
  399.90-2
  399.90-2  Sec. 1602. Definitions.
                As used in this chapter:
                            (1) Agency

                                The term ``agency'' has the meaning 
                            given that term in section 551(1) of title 
                            5.

[[Page 591]]

                            (2) Client

                                The term ``client'' means any person or 
                            entity that employs or retains another 
                            person for financial or other compensation 
                            to conduct lobbying activities on behalf of 
                            that person or entity. A person or entity 
                            whose employees act as lobbyists on its own 
                            behalf is both a client and an employer of 
                            such employees. In the case of a coalition 
                            or association that employs or retains other 
                            persons to conduct lobbying activities, the 
                            client is the coalition or association and 
                            not its individual members.

                            (3) Covered executive branch official

                                The term ``covered executive branch 
                            official'' means--

                                        (A) the President;

                                        (B) the Vice President;

                                        (C) any officer or employee, or 
                                    any other individual functioning in 
                                    the capacity of such an officer or 
                                    employee, in the Executive Office of 
                                    the President; 

                                        (D) any officer or employee 
                                    serving in a position in level I, 
                                    II, III, IV, or V of the Executive 
                                    Schedule, as designated by statute 
                                    or Executive order;

                                        (E) any member of the uniformed 
                                    services whose pay grade is at or 
                                    above O-7 under section 201 of title 
                                    37; and

                                        (F) any officer or employee 
                                    serving in a position of a 
                                    confidential, policy-determining, 
                                    policy-making, or policy-advocating 
                                    character described in section 
                                    7511(b)(2)(B) of title 5.

                            (4) Covered legislative branch official

                                The term ``covered legislative branch 
                            official'' means--

                                        (A) a Member of Congress;

                                        (B) an elected officer of either 
                                    House of Congress;

                                        (C) any employee of, or any 
                                    other individual functioning in the 
                                    capacity of an employee of--

                                                (i) a Member of 
                                            Congress;
                                                (ii) a committee of 
                                            either House of Congress;
                                                (iii) the leadership 
                                            staff of the House of 
                                            Representatives or the 
                                            leadership staff of the 
                                            Senate;
                                                (iv) a joint committee 
                                            of Congress; and
                                                (v) a working group or 
                                            caucus organized to provide 
                                            legislative services or 
                                            other assistance to Members 
                                            of Congress; and

                                        (D) any other legislative branch 
                                    employee serving in a position 
                                    described under section 109(13) of 
                                    the Ethics in Government Act of 1978 
                                    (5 U.S.C. App.).

                            (5) Employee

                                The term ``employee'' means any 
                            individual who is an officer, employee, 
                            partner, director, or proprietor of a person 
                            or entity, but does not include--

                                        (A) independent contractors; or

                                        (B) volunteers who receive no 
                                    financial or other compensation from 
                                    the person or entity for their 
                                    services.

                            (6) Foreign entity

[[Page 592]]

                                The term ``foreign entity'' means a 
                            foreign principal (as defined in section 
                            1(b) of the Foreign Agents Registration Act 
                            of 1938 (22 U.S.C. 611(b)).

                            (7) Lobbying activities

                                The term ``lobbying activities'' means 
                            lobbying contacts and efforts in support of 
                            such contacts, including preparation and 
                            planning activities, research and other 
                            background work that is intended, at the 
                            time it is performed, for use in contacts, 
                            and coordination with the lobbying 
                            activities of others.

                            (8) Lobbying contact

                                (A) Definition

                                        The term ``lobbying contact'' 
                                    means any oral or written 
                                    communication (including an 
                                    electronic communication) to a 
                                    covered executive branch official or 
                                    a covered legislative branch 
                                    official that is made on behalf of a 
                                    client with regard to--

                                                (i) the formulation, 
                                            modification, or adoption of 
                                            Federal legislation 
                                            (including legislative 
                                            proposals);
                                                (ii) the formulation, 
                                            modification, or adoption of 
                                            a Federal rule, regulation, 
                                            Executive order, or any 
                                            other program, policy, or 
                                            position of the United 
                                            States Government;
                                                (iii) the administration 
                                            or execution of a Federal 
                                            program or policy (including 
                                            the negotiation, award, or 
                                            administration of a Federal 
                                            contract, grant, loan, 
                                            permit, or license); or
                                                (iv) the nomination or 
                                            confirmation of a person for 
                                            a position subject to 
                                            confirmation by the Senate.

                                (B) Exceptions

                                        The term ``lobbying contact'' 
                                    does not include a communication 
                                    that is--

                                                (i) made by a public 
                                            official acting in the 
                                            public official's official 
                                            capacity;
                                                (ii) made by a 
                                            representative of a media 
                                            organization if the purpose 
                                            of the communication is 
                                            gathering and disseminating 
                                            news and information to the 
                                            public;
                                                (iii) made in a speech, 
                                            article, publication or 
                                            other material that is 
                                            distributed and made 
                                            available to the public, or 
                                            through radio, television, 
                                            cable television, or other 
                                            medium of mass 
                                            communication;
                                                (iv) made on behalf of a 
                                            government of a foreign 
                                            country or a foreign 
                                            political party and 
                                            disclosed under the Foreign 
                                            Agents Registration Act of 
                                            1938 (22 U.S.C. 611 et 
                                            seq.);
                                                (v) a request for a 
                                            meeting, a request for the 
                                            status of an action, or any 
                                            other similar administrative 
                                            request, if the request does 
                                            not include an attempt to 
                                            influence a covered 
                                            executive branch official or 
                                            a covered legislative branch 
                                            official;
                                                (vi) made in the course 
                                            of participation in an 
                                            advisory committee subject 
                                            to the Federal Advisory 
                                            Committee Act;
                                                (vii) testimony given 
                                            before a committee, 
                                            subcommittee, or task force 
                                            of the Congress, or 
                                            submitted

[[Page 593]]

                                            for inclusion in the public 
                                            record of a hearing 
                                            conducted by such committee, 
                                            subcommittee, or task force;
                                                (viii) information 
                                            provided in writing in 
                                            response to an oral or 
                                            written request by a covered 
                                            executive branch official or 
                                            a covered legislative branch 
                                            official for specific 
                                            information;
                                                (ix) required by 
                                            subpoena, civil 
                                            investigative demand, or 
                                            otherwise compelled by 
                                            statute, regulation, or 
                                            other action of the Congress 
                                            or an agency, including any 
                                            communication compelled by a 
                                            Federal contract, grant, 
                                            loan, permit, or license;
                                                (x) made in response to 
                                            a notice in the Federal 
                                            Register, Commerce Business 
                                            Daily, or other similar 
                                            publication soliciting 
                                            communications from the 
                                            public and directed to the 
                                            agency official specifically 
                                            designated in the notice to 
                                            receive such communications;
                                                (xi) not possible to 
                                            report without disclosing 
                                            information, the 
                                            unauthorized disclosure of 
                                            which is prohibited by law;
                                                (xii) made to an 
                                            official in an agency with 
                                            regard to--
                                                  (I) a judicial 
                                            proceeding or a criminal or 
                                            civil law enforcement 
                                            inquiry, investigation, or 
                                            proceeding; or
                                                  (II) a filing or 
                                            proceeding that the 
                                            Government is specifically 
                                            required by statute or 
                                            regulation to maintain or 
                                            conduct on a confidential 
                                            basis,

            if that agency is charged with responsibility for such 
            proceeding, inquiry, investigation, or filing

                                                (xiii) made in 
                                            compliance with written 
                                            agency procedures regarding 
                                            an adjudication conducted by 
                                            the agency under section 554 
                                            of title 5, or substantially 
                                            similar provisions;
                                                (xiv) a written comment 
                                            filed in the course of a 
                                            public proceeding or any 
                                            other communication that is 
                                            made on the record in a 
                                            public proceeding;
                                                (xv) a petition for 
                                            agency action made in 
                                            writing and required to be a 
                                            matter of public record 
                                            pursuant to established 
                                            agency procedures;
                                                (xvi) made on behalf of 
                                            an individual with regard to 
                                            that individual's benefits, 
                                            employment, or other 
                                            personal matters involving 
                                            only that individual, except 
                                            that this clause does not 
                                            apply to any communication 
                                            with--
                                                  (I) a covered 
                                            executive branch official, 
                                            or
                                                  (II) a covered 
                                            legislative branch official 
                                            (other than the individual's 
                                            elected Members of Congress 
                                            or employees who work under 
                                            such Members' direct 
                                            supervision),

            with respect to the formulation, modification, or adoption 
            of private legislation for the relief of that individual;

                                                (xvii) a disclosure by 
                                            an individual that is 
                                            protected under the 
                                            amendments made by the 
                                            Whistleblower Protection Act 
                                            of 1989 [5 U.S.C. 1201 et 
                                            seq.], under the Inspector 
                                            General Act of 1978 [12 
                                            U.S.C. 1811 et seq.], or 
                                            under another provision of 
                                            law;

[[Page 594]]

                                                (xviii) made by--
                                                  (I) a church, its 
                                            integrated auxiliary, or a 
                                            convention or association of 
                                            churches that is exempt from 
                                            filing a Federal income tax 
                                            return under paragraph 
                                            2(A)(i) of section 6033(a) 
                                            of the Internal Revenue Code 
                                            of 1986 [26 U.S.C. 6033(a)], 
                                            or
                                                  (II) a religious order 
                                            that is exempt from filing a 
                                            Federal income tax return 
                                            under paragraph (2)(A)(iii) 
                                            of such section 6033(a); and
                                                (xix) between--
                                                  (I) officials of a 
                                            self-regulatory organization 
                                            (as defined in section 
                                            3(a)(26) of the Securities 
                                            Exchange Act [15 U.S.C. 
                                            78c(a)(26)]) that is 
                                            registered with or 
                                            established by the 
                                            Securities and Exchange 
                                            Commission as required by 
                                            that Act or a similar 
                                            organization that is 
                                            designated by or registered 
                                            with the Commodities Future 
                                            Trading Commission as 
                                            provided under the Commodity 
                                            Exchange Act [7 U.S.C. 1 et 
                                            seq.]; and
                                                  (II) the Securities 
                                            and Exchange Commission or 
                                            the Commodities Futures 
                                            Trading Commission, 
                                            respectively;

            relating to the regulatory responsibilities of such 
            organization under that Act.

                            (9) Lobbying firm

                                The term ``lobbying firm'' means a 
                            person or entity that has 1 or more 
                            employees who are lobbyists on behalf of a 
                            client other than that person or entity. The 
                            term also includes a self-employed 
                            individual who is a lobbyist.

                            (10) Lobbyist

                                The term ``lobbyist'' means any 
                            individual who is employed or retained by a 
                            client for financial or other compensation 
                            for services that include more than one 
                            lobbying contact, other than an individual 
                            whose lobbying activities constitute less 
                            than 20 percent of the time engaged in the 
                            services provided by such individual to that 
                            client over a six month period.

                            (11) Media organization

                                The term ``media organization'' means a 
                            person or entity engaged in disseminating 
                            information to the general public through a 
                            newspaper, magazine, other publication, 
                            radio, television, cable television, or 
                            other medium of mass communication.

                            (12) Member of Congress

                                The term ``Member of Congress'' means a 
                            Senator or a Representative in, or Delegate 
                            or Resident Commissioner to, the Congress.

                            (13) Organization

                                The term ``organization'' means a person 
                            or entity other than an individual.

                            (14) Person or entity

                                The term ``person or entity'' means any 
                            individual, corporation, company, 
                            foundation, association, labor organization, 
                            firm, partnership, society, joint stock 
                            company, group of organizations, or State or 
                            local government.

                            (15) Public official

[[Page 595]]

                                The term ``public official'' means any 
                            elected official, appointed official, or 
                            employee of--

                                        (A) a Federal, State, or local 
                                    unit of government in the United 
                                    States other than--

                                                (i) a college or 
                                            university;
                                                (ii) a government-
                                            sponsored enterprise (as 
                                            defined in section 3(8) of 
                                            the Congressional Budget and 
                                            Impoundment Control Act of 
                                            1974 [2 U.S.C. 622(8)]);
                                                (iii) a public utility 
                                            that provides gas, 
                                            electricity, water, or 
                                            communications;
                                                (iv) a guaranty agency 
                                            (as defined in section 
                                            435(j) of the Higher 
                                            Education Act of 1965 (20 
                                            U.S.C. 1085(j))), including 
                                            any affiliate of such an 
                                            agency; or
                                                (v) an agency of any 
                                            State functioning as a 
                                            student loan secondary 
                                            market pursuant to section 
                                            435(d)(1)(F) of the Higher 
                                            Education Act of 1965 (20 
                                            U.S.C. 1085(d)(1)(F));

                                        (B) a Government corporation (as 
                                    defined in section 9101 of title 
                                    31);

                                        (C) an organization of State or 
                                    local elected or appointed officials 
                                    other than officials of an entity 
                                    described in clause (i), (ii), 
                                    (iii), (iv), or (v) of subparagraph 
                                    (A);

                                        (D) an Indian tribe (as defined 
                                    in section 4(e) of the Indian Self-
                                    Determination and Education 
                                    Assistance Act (25 U.S.C. 450b(e));

                                        (E) a national or State 
                                    political party or any 
                                    organizational unit thereof; or

                                        (F) a national, regional, or 
                                    local unit of any foreign 
                                    government, or a group of 
                                    governments acting together as an 
                                    international organization.

                            (16) State

                                The term ``State'' means each of the 
                            several States, the District of Columbia, 
                            and any commonwealth, territory, or 
                            possession of the United States. (Pub. L. 
                            104-65, Sec. 3, Dec. 19, 1995, 109 Stat. 
                            691; Pub. L. 105-166, Secs. 2, 3, Apr. 6, 
                            1998, 112 Stat. 38.)

  399.90-3
  399.90-3  Sec. 1603. Registration of lobbyists.
            (a) Registration
                (1) General rule
                            No later than 45 days after a lobbyist first 
                        makes a lobbying contact or is employed or 
                        retained to make a lobbying contact, whichever 
                        is earlier, such lobbyist (or, as provided under 
                        paragraph (2), the organization employing such 
                        lobbyist), shall register with the Secretary of 
                        the Senate and the Clerk of the House of 
                        Representatives.
                (2) Employer filing
                            Any organization that has 1 or more 
                        employees who are lobbyists shall file a single 
                        registration under this section on behalf of 
                        such employees for each client on whose behalf 
                        the employees act as lobbyists.
                (3) Exemption
                            (A) General rule

[[Page 596]]

                                Notwithstanding paragraphs (1) and (2), 
                            a person or entity whose--

                                        (i) total income for matters 
                                    related to lobbying activities on 
                                    behalf of a particular client (in 
                                    the case of a lobbying firm) does 
                                    not exceed and is not expected to 
                                    exceed $5,000; or

                                        (ii) total expenses in 
                                    connection with lobbying activities 
                                    (in the case of an organization 
                                    whose employees engage in lobbying 
                                    activities on its own behalf) do not 
                                    exceed or are not expected to exceed 
                                    $20,000,

            (as estimated under section 1604 of this title) in the 
            semiannual period described in section 1604(a) of this title 
            during which the registration would be made is not required 
            to register under subsection (a) of this title with respect 
            to such client.

                            (B) Adjustment

                                The dollar amounts in subparagraph (A) 
                            shall be adjusted--

                                        (i) on January 1, 1997, to 
                                    reflect changes in the Consumer 
                                    Price Index (as determined by the 
                                    Secretary of Labor) since December 
                                    19, 1995; and

                                        (ii) on January 1 of each fourth 
                                    year occurring after January 1, 
                                    1997, to reflect changes in the 
                                    Consumer Price Index (as determined 
                                    by the Secretary of Labor) during 
                                    the preceding 4-year period,

                                rounded to the nearest $500.

            (b) Contents of registration
                Each registration under this section shall contain--
                            (1) the name, address, business telephone 
                        number, and principal place of business of the 
                        registrant, and a general description of its 
                        business or activities;
                            (2) the name, address, and principal place 
                        of business of the registrant's client, and a 
                        general description of its business or 
                        activities (if different from paragraph (1));
                            (3) the name, address, and principal place 
                        of business of any organization, other than the 
                        client, that--

                                (A) contributes more than $10,000 toward 
                            the lobbying activities of the registrant in 
                            a semiannual period described in section 
                            1604(a) of this title; and

                                (B) in whole or in major part plans, 
                            supervises, or controls such lobbying 
                            activities.

                            (4) the name, address, principal place of 
                        business, amount of any contribution of more 
                        than $10,000 to the lobbying activities of the 
                        registrant, and approximate percentage of 
                        equitable ownership in the client (if any) of 
                        any foreign entity that--

                                (A) holds at least 20 percent equitable 
                            ownership in the client or any organization 
                            identified under paragraph (3);

                                (B) directly or indirectly, in whole or 
                            in major part, plans, supervises, controls, 
                            directs, finances, or subsidizes the 
                            activities of the client or any organization 
                            identified under paragraph (3); or

                                (C) is an affiliate of the client or any 
                            organization identified under paragraph (3) 
                            and has a direct interest in the outcome of 
                            the lobbying activity;

                            (5) a statement of--

[[Page 597]]

                                (A) the general issue areas in which the 
                            registrant expects to engage in lobbying 
                            activities on behalf of the client; and

                                (B) to the extent practicable, specific 
                            issues that have (as of the date of the 
                            registration) already been addressed or are 
                            likely to be addressed in lobbying 
                            activities; and

                            (6) the name of each employee of the 
                        registrant who has acted or whom the registrant 
                        expects to act as a lobbyist on behalf of the 
                        client and, if any such employee has served as a 
                        covered executive branch official or a covered 
                        legislative branch official in the 2 years 
                        before the date on which such employee first 
                        acted (after December 19, 1995) as a lobbyist on 
                        behalf of the client, the position in which such 
                        employee served.
            (c) Guidelines for registration
                (1) Multiple clients
                            In the case of a registrant making lobbying 
                        contacts on behalf of more than 1 client, a 
                        separate registration under this section shall 
                        be filed for each such client.
                (2) Multiple contacts
                            A registrant who makes more than 1 lobbying 
                        contact for the same client shall file a single 
                        registration covering all such lobbying 
                        contacts.
            (d) Termination of registration
                A registrant who after registration--
                            (1) is no longer employed or retained by a 
                        client to conduct lobbying activities, and
                            (2) does not anticipate any additional 
                        lobbying activities for such client,

            may so notify the Secretary of the Senate and the Clerk of 
            the House of Representatives and terminate its registration. 
            (Pub. L. 104-65, Sec. 4, Dec. 19, 1995, 109 Stat. 696.)

  399.90-4
  399.90-4  Sec. 1604. Reports by registered lobbyists.
            (a) Semiannual report
                No later than 45 days after the end of the semiannual 
            period beginning on the first day of each January and the 
            first day of July of each year in which a registrant is 
            registered under section 4, each registrant shall file a 
            report with the Secretary of the Senate and the Clerk of the 
            House of Representatives on its lobbying activities during 
            such semiannual period. A separate report shall be filed for 
            each client of the registrant.
            (b) Contents of report
                Each semiannual report filed under subsection (a) of 
            this section shall contain--
                            (1) the name of the registrant, the name of 
                        the client, and any changes or updates to the 
                        information provided in the initial 
                        registration;
                            (2) for each general issue area in which the 
                        registrant engaged in lobbying activities on 
                        behalf of the client during the semiannual 
                        filing period--

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

[[Page 598]]

                            the maximum extent practicable, a list of 
                            bill numbers and references to specific 
                            executive branch actions;

                                (B) a statement of the Houses of 
                            Congress and the Federal agencies contacted 
                            by lobbyists employed by the registrant on 
                            behalf of the client;

                                (C) a list of the employees of the 
                            registrant who acted as lobbyists on behalf 
                            of the client; and

                                (D) a description of the interest, if 
                            any, of any foreign entity identified under 
                            section 1603(b)(4) of this title in the 
                            specific issues listed under subparagraph 
                            (A);

                            (3) in the case of a lobbying firm, a good 
                        faith estimate of the total amount of all income 
                        from the client (including any payments to the 
                        registrant by any other person for lobbying 
                        activities on behalf of the client) during the 
                        semiannual period, other than income for matters 
                        that are unrelated to lobbying activities; and
                            (4) in the case of a registrant engaged in 
                        lobbying activities on its own behalf, a good 
                        faith estimate of the total expenses that the 
                        registrant and its employees incurred in 
                        connection with lobbying activities during the 
                        semiannual filing period.
            (c) Estimates of income or expenses
                For purposes of this section, estimates of income or 
            expenses shall be made as follows:
                            (1) Estimates of amounts in excess of 
                        $10,000 shall be rounded to the nearest $20,000.
                            (2) In the event income or expenses do not 
                        exceed $10,000, the registrant shall include a 
                        statement that income or expenses totaled less 
                        than $10,000 for the reporting period. (Pub. L. 
                        104-65, Sec. 5, Dec. 19, 1995, 109 Stat. 697; 
                        Pub. L. 105-166, Sec. 4(c), Apr. 6, 1998, 112 
                        Stat. 39.)
  399.90-5
  399.90-5  Sec. 1605. Disclosure and enforcement.
                The Secretary of the Senate and the Clerk of the House 
            of Representatives shall--
                            (1) provide guidance and assistance on the 
                        registration and reporting requirements of this 
                        chapter and develop common standards, rules, and 
                        procedures for compliance with this chapter;
                            (2) review, and, where necessary, verify and 
                        inquire to ensure the accuracy, completeness and 
                        timeliness of registration and reports;
                            (3) develop filing, coding, and cross-
                        indexing systems to carry out the purpose of 
                        this chapter, including--

                                (A) a publicly available list of all 
                            registered lobbyists, lobbying firms, and 
                            their clients; and

                                (B) computerized systems designed to 
                            minimize the burden of filing and maximize 
                            public access to materials filed under this 
                            chapter;

                            (4) make available for public inspection and 
                        copying at reasonable times the registrations 
                        and reports filed under this chapter;
                            (5) retain registrations for a period of at 
                        least 6 years after they are terminated and 
                        reports for a period of at least 6 years after 
                        they are filed;

[[Page 599]]

                            (6) compile and summarize, with respect to 
                        each semiannual period, the information 
                        contained in registrations and reports filed 
                        with respect to such period in a clear and 
                        complete manner;
                            (7) notify any lobbyist or lobbying firm in 
                        writing that may be in noncompliance with this 
                        Act; and
                            (8) notify the United States Attorney for 
                        the District of Columbia that a lobbyist or 
                        lobbying firm may be in noncompliance with this 
                        chapter, if the registrant has been notified in 
                        writing and has failed to provide an appropriate 
                        response within 60 days after notice was given 
                        under paragraph (7). (Pub. L. 104-65, Sec. 6, 
                        Dec. 19, 1995, 109 Stat. 698.)
  399.90-6
  399.90-6  Sec. 1606. Penalties.
                Whoever knowingly fails to--
                            (1) remedy a defective filing within 60 days 
                        after notice of such a defect by the Secretary 
                        of the Senate or the Clerk of the House of 
                        Representatives; or
                            (2) comply with any other provision of this 
                        chapter;

            shall, upon proof of such knowing violation by a 
            preponderance of the evidence, be subject to a civil fine of 
            not more than $50,000, depending on the extent and gravity 
            of the violation. (Pub. L. 104-65, Sec. 7, Dec. 19, 1995, 
            109 Stat. 699.)

  399.90-7
  399.90-7  Sec. 1607. Rules of construction.
            (a) Constitutional rights
                Nothing in this chapter shall be construed to prohibit 
            or interfere with--
                            (1) the right to petition the Government for 
                        the redress of grievances;
                            (2) the right to express a personal opinion; 
                        or
                            (3) the right of association,

            protected by the first amendment to the Constitution.

            (b) Prohibition of activities
                Nothing in this chapter shall be construed to prohibit, 
            or to authorize any court to prohibit, lobbying activities 
            or lobbying contacts by any person or entity, regardless of 
            whether such person or entity is in compliance with the 
            requirements of this chapter.
            (c) Audit and investigations
                Nothing in this chapter shall be construed to grant 
            general audit or investigative authority to the Secretary of 
            the Senate or the Clerk of the House of Representatives. 
            (Pub. L. 104-65, Sec. 8, Dec. 19, 1995, 109 Stat. 699.)
  399.90-8
  399.90-8  Sec. 1608. Severability.
                If any provision of this chapter, or the application 
            thereof, is held invalid, the validity of the remainder of 
            this chapter and the application of such provision to other 
            persons and circumstances shall not be affected thereby. 
            (Pub. L. 104-65, Sec. 13, Dec. 19, 1995, 109 Stat. 701.)

[[Page 600]]


  399.90-9
  399.90-9  Sec. 1609. Identification of clients and covered officials.
            (a) Oral lobbying contacts
                Any person or entity that makes an oral lobbying contact 
            with a covered legislative branch official or a covered 
            executive branch official shall, on the request of the 
            official at the time of the lobbying contact--
                            (1) state whether the person or entity is 
                        registered under this chapter and identify the 
                        client on whose behalf the lobbying contact is 
                        made; and
                            (2) state whether such client is a foreign 
                        entity and identify any foreign entity required 
                        to be disclosed under section 1603(b)(4) of this 
                        title that has a direct interest in the outcome 
                        of the lobbying activity.
            (b) Written lobbying contacts
                Any person or entity registered under this chapter that 
            makes a written lobbying contact (including an electronic 
            communication) with a covered legislative branch official or 
            a covered executive branch official shall--
                            (1) if the client on whose behalf the 
                        lobbying contact was made is a foreign entity, 
                        identify such client, state that the client is 
                        considered a foreign entity under this chapter, 
                        and state whether the person making the lobbying 
                        contact is registered on behalf of that client 
                        under section 1603 of this title; and
                            (2) identify any other foreign entity 
                        identified pursuant to section 1603(b)(4) of 
                        this title that has a direct interest in the 
                        outcome of the lobbying activity.
            (c) Identification as covered official
                Upon request by a person or entity making a lobbying 
            contact, the individual who is contacted or the office 
            employing that individual shall indicate whether or not the 
            individual is a covered legislative branch official or a 
            covered executive branch official. (Pub. L. 104-65, Sec. 14, 
            Dec. 19, 1995, 109 Stat. 702.)
 399.90-10
 399.90-10  Sec. 1610. Estimates based on tax reporting system.
            (a) Entities covered by section 6033(b) of title 26
                A person, other than a lobbying firm, that is required 
            to report and does report lobbying expenditures pursuant to 
            section 6033(b)(8) of title 26 may--
                            (1) make a good faith estimate (by category 
                        of dollar value) of applicable amounts that 
                        would be required to be disclosed under such 
                        section for the appropriate semiannual period to 
                        meet the requirements of sections 1603(a)(3) and 
                        1604(b)(4) of this title; and
                            (2) for all other purposes consider as 
                        lobbying contacts and lobbying activities only--

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

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

[[Page 601]]

            (b) Entities covered by section 162(e) of title 26
                A person, other than a lobbying firm, who is required to 
            account and does account for lobbying expenditures pursuant 
            to section 162(e) of title 26 may--
                            (1) make a good faith estimate (by category 
                        of dollar value) of applicable amounts that 
                        would not be deductible pursuant to such section 
                        for the appropriate semiannual period to meet 
                        the requirements of sections 1603(a)(3) and 
                        1604(b)(4) of this title; and
                            (2) for all other purposes consider as 
                        lobbying contacts and lobbying activities only--

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

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

            (c) Disclosure of estimate
                Any registrant that elects to make estimates required by 
            this chapter under the procedures authorized by subsection 
            (a) or (b) of this section for reporting or threshold 
            purposes shall--
                            (1) inform the Secretary of the Senate and 
                        the Clerk of the House of Representatives that 
                        the registrant has elected to make its estimates 
                        under such procedures; and
                            (2) make all such estimates, in a given 
                        calendar year, under such procedures.
            (d) Study
                Not later than March 31, 1997, the Comptroller General 
            of the United States shall review reporting by registrants 
            under subsections (a) and (b) of this section and report to 
            the Congress--
                            (1) the differences between the definition 
                        of ``lobbying activities'' in section 1602(7) of 
                        this title and the definitions of ``lobbying 
                        expenditures'', ``influencing legislation'', and 
                        related terms in sections 162(e) and 4911 of 
                        title 26, as each are implemented by 
                        regulations;
                            (2) the impact that any such differences may 
                        have on filing and reporting under this chapter 
                        pursuant to this subsection; and
                            (3) any changes to this chapter to the 
                        appropriate sections of title 26 that the 
                        Comptroller General may recommend to harmonize 
                        the definitions.

            (Pub. L. 104-65, Sec. 15, Dec. 19, 1995, 109 Stat. 702; Pub. 
            L. 105-166, Sec. 4(a), (b), Apr. 6, 1998, 112 Stat. 38.)

 399.90-11
 399.90-11  Sec. 1611. Exempt organizations.
                An organization described in section 501(c)(4) of title 
            26 which engages in lobbying activities shall not be 
            eligible for the receipt of Federal funds constituting an 
            award, grant, or loan.

            (Pub. L. 104-65, Sec. 18, Dec. 19, 1995, 109 Stat. 703; Pub. 
            L. 104-99, Title I, Sec. 129(a), Jan. 26, 1996, 110 Stat. 
            34.)

[[Page 602]]


 399.90-12
 399.90-12  Sec. 1612. Sense of the Senate that lobbying expenses should 
                remain nondeductible.
            (a) Findings
                The Senate finds that ordinary Americans generally are 
            not allowed to deduct the costs of communicating with their 
            elected representatives.
            (b) Sense of the Senate
                It is the sense of the Senate that lobbying expenses 
            should not be tax deductible. (Pub. L. 104-65. Sec. 23, Dec. 
            19, 1995, 109 Stat. 705.)